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Agenda 02/23/2016 Item #16F 2 Proposed Agenda Changes Board of County Commissioners Meeting February 23,2016 Move Item 16F2 to Item 11D: This item continued from the February 9, 2016 BCC Meeting. Recommendation to award ITB 15-6522 - Tourist Fulfillment Services to Phase V of Florida, LLC. and make a finding that this item promotes tourism. (Commissioner Taylor's request) Time Certain Items Item 9A to be heard at 10:30 a.m. 2/23/2016 16.F.2. EXECUTIVE SUMMARY Recommendation to award ITB 15-6522 - Tourist Fulfillment Services to Phase V of Florida, LLC. and make a finding that this item promotes tourism. OBJECTIVE: To obtain a full service fulfillment services company to prepare, store and distribute tourism literature to various interested parties around the world. CONSIDERATIONS: The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) is a part of Collier County Florida Government and is 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. The Tourism Division regularly contracts with a company to fulfill requests for information, to answer incoming requests for information from toll-free numbers, publication responses, and from the Internet. Fulfillment services include, but are not limited to preparing and distributing tourism literature and storing literature, specialty items provided by the CVB to requestors, maintaining mailing lists and distributing special fulfillment projects as assigned by CVB staff and managing a hotel inventory during emergency situations. ITB 15-6522 was posted and emailed to 376 interested vendors on November 20, 2015. Thirty-nine (39) vendors downloaded the bid package, and 1 submitted a bid by the December 7th, 2015 due date. Due to the limited number of submittals, staff performed research into the competitiveness of this solicitation to determine if an award is in the best interest of the County. This solicitation was found to be distributed by five (5) bid aggregators (Onvia, Bid Ocean, BidNet, etc), which exposes the County's solicitation to suppliers throughout the Country. Conversations were also held with a few vendors within the southeast region of the United States that received the solicitation material, and their reason for not submitting a bid was their inability to perform both the call center functions and the warehousing and fulfillment. It is critical that these intake and distribution functions are performed by a single contractor, or a single contractor who is responsible for their subcontractor(s), to ensure service continuity to the visitors or companies requesting the materials. This result, because of the unique combination of services provided, is not uncommon. Phase V of Florida, LLC has been awarded similar contracts under similar circumstances in other Florida counties. County Description/ Estimated Award Comments Service Category Annual Award Year Amount Collier Co. Tourist Fulfillment $75,000 2016 Phase V was the sole responsive bidder. Services (See details provided above.) Charlotte Co. Mail Fulfillment and $55,000 2016 Phase V was the sole submitting firm. Toll-Free Services Brevard Co. Fulfillment and $51,000 2012 One hundred twenty-three suppliers were notified Phone Answering and seven requested bid documents. "Limited Services number of fulfillment centers that handle both the 800 service and the fulfillment services." Manatee Co. Professional $100,000 2011 "The sole proposal from Phase V...was deemed Tourism Inquiry and responsive and responsible to the RFP. Their Fulfillment Services proposal includes operating a call center and fulfillment system providing live operator inquiry service through the BACVB's toll free numbers and website...." Packet Page-845- 2/23/2016 16.F.2. With these considerations in mind, the bid tendered from Phase V of Florida, LLC was found to be consistent with the cost and services currently provided to Collier County Tourism Division for these services by the same vendor. Staff recommends award of this solicitation to the lowest responsive bidder, Phase V of Florida, LLC. Finally, as a point of reference, the average dollar amount paid to Phase V of Florida, LLC by Collier County for tourism fulfillment services from 2012 to 2015 was $55,429.83, with a high of$69,153.85. FISCAL IMPACT: Sufficient funding has been appropriated in the BCC approved FY 16 Tourism Division budget, Fund 184, Contractual Services, to pay for these services. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive Summary. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended approval of this item 6-0 at the January 25, 2016 meeting. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: Recommendation that the Board of County Commissioners awards ITB 15- 6522 - Tourist Fulfillment Services to Phase V of Florida, LLC and make a finding that this item promotes tourism. Prepared by: Jack Wert, Tourism Director Attachments: (1) Solicitation ITB 15-6522, (2) Phase V Submission 15-6522, (3) Fee Schedule 15- 6522, (4) Bid Tabulation 15-6522, (5) Charlotte County Award Doc., (6) Brevard County Award Doc., and (7) Manatee County Award Doc. Packet Page -846- 2/23/2016 16.F.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.2. Item Summary: Recommendation to award ITB 15-6522-Tourist Fulfillment Services to Phase V of Florida, LLC. and make a finding that this item promotes tourism. Meeting Date: 2/9/2016 Prepared By Name: GreenKelly Title: Tourist Development Tax Coordinator, Tourism Division 1/27/2016 2:26:45 PM Submitted by Title: Division Director-Tourism,Tourism Division Name: Wert Jack 1/27/2016 2:26:47 PM Approved By Name: Wert Jack Title: Division Director-Tourism,Tourism Division Date: 1/27/2016 2:50:13 PM Name: NorthrupAdam Title:Procurement Specialist, Procurement Services Date: 1/29/2016 12:28:18 PM Name: MarkiewiczJoanne Title: Division Director-Procurement Services, Procurement Services Date: 2/1/2016 8:39:54 AM Name: JohnsonScott Title: Manager-Procurement,Procurement Services Date: 2/1/2016 9:27:47 AM Name: GreeneColleen Packet Page -847- 2/23/2016 16.F.2. Title: Assistant County Attorney, CAO General Services Date: 2/2/2016 2:00:00 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 2/2/2016 2:21:59 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 2/2/2016 4:27:53 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/3/2016 10:56:54 AM Packet Page -848- 2/23/2016 16.F.2. Collier County Administrative Services Department Procurement Services Division INVITATION TO BID Date: 11/20/2015 From: Adam Northrup, Procurement Strategist (239) 252-6098 (Telephone) (239) 252-6302 (FAX) adamnorthrup @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 15-6522—Tourist Fulfillment Services As requested by the Tourist Development Council, 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.colliergov.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, Director Tourism (r., r'axlnnrw7F Serm,s C>ivistm•3327 Farman Trail E- st•NaDies.Florida 34112-4W1•233-2524437•awn wli,nrgoa ncl procursrnont erices #15-6522 1 Tourist Fulfillment Services Packet Page -849- 2/23/2016 16.F.2. Invitation to Bid Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit II: General Bid Instructions 7 Exhibit III: Standard Purchase Order Terms and Conditions 13 Exhibit IV: Additional ITB Terms and Conditions 16 Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 22 Attachment 2: Vendor's Check List 23 Attachment 3: Vendor Submittal - Bid Response Form 24 Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 26 Attachment 5: Vendor Submittal— Immigration Affidavit 27 Attachment 6: Vendor Substitute W— 9 28 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 29 #15-6522 2 Tourist Fulfillment Services Packet Page -850- 2/23/2016 16.F.2. Co ter County Administrative Services Department Procurement Services Division Public Notice Sealed bid responses for Solicitation 15-6522—Tourist Fulfillment Services, will be received electronically only at the Collier County Purchasing online bidding system at the following address; www.colliergov.net/bid untill 3:00PM, Collier County local time on 12/02/2015. Solicitation responses received after the stated time and date will not be accepted. Solicitation 15-6522—Tourist Fulfillment Services 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/purchasinq and in the lobby of the Purchasing Building on 11/20/2015. #15-6522 3 Tourist Fulfillment Services Packet Page -851- 2/23/2016 16.F.2. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Tourist Development Council (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (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. Brief Description of Purchase The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB) is a part of Collier County Florida Government and is the marketing arm of the Collier County Tourist Development Council (TDC). The Collier County Tourism Department administers the work of both the TDC and the CVB. The Tourism Department desires to contract with a company to fulfill requests for information, to answer incoming requests for information from toll-free numbers, publication responses, and from the Internet. Fulfillment services include, but are not limited to preparing and distributing tourism literature and storing literature, specialty items provided by the CVB to requestors, maintaining mailing lists and distributing special fulfillment projects as assigned by CVB staff and managing a hotel inventory during emergency situations. Vendor should also provide a "Live Chat"feature and live operator assistance to callers on toll-free numbers and on the various tourism websites. Historically, County departments have spent approximately $75,000.00 per year. Detailed Scope of Work As a part of the tourist fulfillment and storage program, the successful vendor must: 1. Provide all necessary labor, materials, supplies, and equipment to store, retrieve, deliver and respond to a variety of telephone, email or web based inquiries from interested individuals. Subcontracting of one or more of these functions is allowable, as long as the contracted vendor is single source of contact for the County both fulfillment and storage. 2. Provide rates inclusive of all services as outlined on the Vendor Bid Schedule. 3. Provide monthly invoices outlining the services provided, including, but not limited to: a. Service description b. Quantity of each service c. Unit price of each service d. Extended price of each service e. Total 4. Provide a storage area that has adequate security measures in place to guarantee the safekeeping of all County documents from break-ins, floods, fire and any other natural or unnatural disasters. 5. Provide Call Center and Live Chat services located in North America on a 24/7 basis using CVB provided scripts to answer questions. #15-6522 4 Tourist Fulfillment Services Packet Page -852- 2/23/2016 16.F.2. 6. Provide business service hours between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. 7. Provide service to interested individuals within 72 business hours from the initial contact. 8. Provide a monthly summary report of all activities provided in the completion of this contract to the County's project manager; an annual summary report should be provide to the County's Purchasing Department at the time of contract renewal. 9. Document five (5) years or more of experience in fulfillment and call center activities; a. Provide a brief narrative of the vendors understanding of the overall intent of this ITB as well as the methods to be used to provide the required services. Identify any issues or concerns of significance. b. Details on vendor's knowledge of packing and shipping of materials and data base maintenance of inquiries received c. Provide evidence of customer service experience, storage and inventory operation, mail operation, and reporting capability. d. Provide a list of clients and account value for the last five years. 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 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: • Insert prices for lines 1 through 8 in the column titled "Price". Those amounts will automatically be multiplied by the column titled "Multiplier", which will yield the line total. Line totals for items 1 - 8 will be added together to yield line 9. Report line 9 on Attachment 3: Bid Response form. • For additional service offered, please insert items into section 2. No items in this section should be fees relating to lines 1-8 above. • A bidder will be considered "non-responsive" to this request and disqualified from further consideration if any of the requested qualifications are not met. (listed in the section titled Detailed Scope of Work) • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select single awardee. • The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. #15-6522 5 Tourist Fulfillment Services Packet Page -853- 2/23/2016 16.F.2. Term of Contract The contract term, if an award(s) is/are made is intended to be for two (2) years with one (1)two (2) year renewals. 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 Purchasing Director. Price adjustments are dependent upon 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 11/20/2015 Last Date for Receipt of Written Questions 11/30/2015; 3:00PM Solicitation Deadline Date and Time 12/02/2015 Anticipated Evaluation of Submittals Week of 12/02 Anticipated Board of County Commissioner's Contract January 2016 Approval Date 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 #15-6522 6 Tourist Fulfillment Services Packet Page -854- 2/23/2016 16.F.2. Exhibit II: General Bid Instructions 1. Purpose/Objective 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. #15-6522 7 Tourist Fulfillment Services Packet Page -855- 2/23/2016 16.F.2. 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 prior 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.colliergov.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. If paper bids must be submitted, all paper bids shall be submitted to the County Procurement Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit one (1) paper copy clearly labeled "Master," and two (2) compact disks (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. 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 #15-6522 8 Tourist Fulfillment Services Packet Page -856- 2/23/2016 16.F.2. 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.colliergov.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. 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 #15-6522 9 Tourist Fulfillment Services Packet Page -857- 2/23/2016 16.F.2. 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 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, from 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: #15-6522 10 Tourist Fulfillment Services Packet Page -858- 2/23/2016 16.F.2. • 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.qov/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 #15-6522 11 Tourist Fulfillment Services Packet Page -859- 2/23/2016 16.F.2. 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. 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. #15-6522 12 Tourist Fulfillment Services Packet Page -860- 2/23/2016 16.F.2. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14)days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and/or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and/or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and/or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any All goods and/or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and/or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non-conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. #15-6522 13 Tourist Fulfillment Services Packet Page -861- 2/23/2016 16.F.2. VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the delivery of nonconforming goods and/or services COUNTY from any and all claims, including is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys'fees, arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities Act and all prohibitions against discrimination on #15-6522 14 Tourist Fulfillment Services Packet Page -862- 2/23/2016 16.F.2. the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure without exception or stipulation shall be fully within 10 days of receipt of such notice. responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 19. General as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by regulations relating thereto, as either may be the laws of the State of Florida. The venue amended. Failure by the awarded firm(s) to for any action brought to specifically enforce comply with the laws referenced herein shall any of the terms and conditions of this constitute a breach of the award agreement and Purchase Order shall be the Twentieth the County shall have the discretion to Judicial Circuit in and for Collier County, unilaterally terminate said agreement Florida immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in be regarded by the COUNTY as a material and response to a breach of this Purchase Order substantial breach of the contract arising from by VENDOR shall not constitute a waiver of this Purchase Order. breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be 14. Force Majeure deemed a waiver of any subsequent default Neither the COUNTY nor VENDOR shall be by VENDOR. responsible for any delay or failure in c) All notices under this Purchase Order shall performance resulting from any cause beyond be sent to the respective addresses on the their control, including, but without limitation to face page by certified mail, return receipt war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by When VENDOR has knowledge of any actual or personal delivery and will be deemed potential force majeure or other conditions which effective upon receipt. Postage, delivery and will delay or threatens to delay timely other charges shall be paid by the sender. A performance of this Purchase Order, VENDOR party may change its address for notice by shall immediately give notice thereof, including all written notice complying with the relevant information with respects to what steps requirements of this section. VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any goods and/or services to the COUNTY. travel expenses that may be associated with this Purchase Order in accordance with 15. Assignment Florida Statute Chapter 112.061, Per Diem VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers, nor any money due or to become due without the employees and authorized persons. prior written consent of the COUNTY. Any e) In the event of any conflict between or assignment made without such consent shall be among the terms of any Contract Documents deemed void. related to this Purchase Order, the terms of the Contract Documents shall take 16. Taxes precedence over the terms of the Purchase Goods and services procured subject to this Order. To the extent any terms and /or Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate and use tax on real property, transient rental or overlap the Terms and Conditions of the property rented, tangible personal purchased or Contract Documents, the provisions of the rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most Chapter 212), and from federal excise tax. favorable to the County and/or provide the greatest protection to the County shall 17. Annual Appropriations govern. 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 #15-6522 15 Tourist Fulfillment Services Packet Page -863- 2/23/2016 16.F.2. 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. #15-6522 16 Tourist Fulfillment Services Packet Page -864- 2/23/2016 16.F.2. 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 Ill, 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. #15-6522 17 Tourist Fulfillment Services Packet Page -865- 2/23/2016 16.F.2. 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(c�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 #15-6522 18 Tourist Fulfillment Services Packet Page -866- 2/23/2016 16.F.2. Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 15-6522 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this 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 #15-6522 19 Tourist Fulfillment Services Packet Page -867- 2/23/2016 16.F.2. 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 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. 15. 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. 16. 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 • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 17. 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. 18. Equipment #15-6522 20 Tourist Fulfillment Services Packet Page -868- 2/23/2016 16.F.2. 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. #15-6522 21 Tourist Fulfillment Services Packet Page -869- 2/23/2016 16.F.2. Cosier County Administrative Services Department 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: 15-6522—Tourist Fulfillment Services ❑ 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: #15-6522 22 Tourist Fulfillment Services Packet Page -870- 2/23/2016 16.F.2. Ca ber 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: 15-6522 —Tourist Fulfillment Services • Opening Date: 12/02/2015; 3:00PM 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 #15-6522 23 Tourist Fulfillment Services Packet Page -871- 2/23/2016 16.F.2. Co IltiSer County Administrative Services Department Procurement Services Division Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 15-6522—Tourist Fulfillment Services 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: Item Description Total 9 Total (lines 1-8) 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 he offered. 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. #15-6522 24 Tourist Fulfillment Services Packet Page -872- 2/23/2016 16.F.2. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Complete Legal Name e 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 #15-6522 25 Tourist Fulfillment Services Packet Page-873- 2/23/2016 16.F.2. Co iier Comity Administrative Services Department Procurement services Division Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 15-6522—Tourist Fulfillment 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 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: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #15-6522 26 Tourist Fulfillment Services Packet Page -874- 2/23/2016 16.F.2. Coer County Administrative Services Department Procurement Services Division Attachment 5: Vendor Submittal—Immigration Affidavit Solicitation: 15-6522—Tourist Fulfillment 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 Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of , 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #15-6522 27 Tourist Fulfillment Services Packet Page -875- �ffim4, 2/23/2016 16.F.2. Corer county 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 (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor Corporation _Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C= Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #15-6522 28 Tourist Fulfillment Services Packet Page -876- 2/23/2016 16.F.2. Colfier County y 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 $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the 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 (E&O) $ 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 #15-6522 29 Tourist Fulfillment Services Packet Page -877- 2/23/2016 16.F.2. 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 9/23/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number #15-6522 30 Tourist Fulfillment Services Packet Page -878- 2/23/2016 16.F.2. corner 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: 15-6522—Tourist Fulfillment Services ® Opening Date: 12/02/2015; 3:00PM 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 B.,y NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Pligusgriry • .11 S. .ture &Ti7/ 12/7/15 • Date #15-6522 23 Tourist Fulfillment Services Packet Page -879- 2/23/2016 16.F.2. Co pe Co vrty Administrative Services Department Pmcurement Semites Division Attachment 3: Vendor Submittal - Bid Response Form FROM: PHASE V OF FLORIDA, LLC Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 15-6522—Tourist Fulfillment Services 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: Item Description Total 9 _ Total (lines 1-8) $10,363.00 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 30 Days E 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. #15-6522 24 Tourist Fulfillment Services Packet Page -880- 2/23/2016 16.F.2. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 7TH day of December, 2015 in the County of LEE, in the State of FLORIDA. Firm's Complete Legal Name PHASE V OF FLORIDA, LLC Address 12290 TREELINE AVE City, State, Zip FORT MYERS, FL 33913 Florida Certificate of Authority Document Number Federal Tax Identification 47-1466266 Number CCR # or CAGE Code Telephone Number 239-2 1 021 FAX Number 86619_.1 Ar 41%■04'16■ Signature/Title ‘11/ �.l/CZi f 0- " i Type Name of Signature R.:q:'/ns Date 12/7/2015 Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Same as above Address City, State, Zip Contact Name Telephone Number FAX Number Email Address 15-6522 25 Tourist Fulfillment Services Packet Page -881- 2/23/2016 16.F.2. CorAer County Administrative.Services Department Procurement Serv°uces Dvison Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit Solicitation: 15-6522—Tourist Fulfillment 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 under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ® Lee County: 1999 Number of Employees (Including Owner(s) or Corporate Officers): 25 Number of Employees Living in ® Collier County or® Lee (Including Owner(s) or Corporate Officers): 25 If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit, Failure to do so will r esult in vendor's submission being deemed not applicable. / Vendor Name: P.'ASE V c /// FLORID. LLC Date: 12/7/2015 Address in or L, • .oun y: / 2290 TREELINE AVE., FORT MYERS, FL 33913 Signature:_„ j �' \ti Title: Director of Operations (IC" STATE OF FLORIDA ❑ COLLIER COUNTY i .SEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this / Day of -I ^42:.t , 20 J°;?" Notary Public ••r FELICIA ORTIZ My Commission Expires: /o //z/7/ COMMISSION#FF929632 (AFFIX OFFICIAL SEAL) L YPIRES October 21,2019 #15-6522 toridallo yServke.cp. D acket Page -882- 26 Tourist Fulfillment Services 2/23/2016 16.F.2. Co tier Ccfru. ty Administrative Services Department Procurement Services Division Attachment 5: Vendor Submittal—Immigration Affidavit Solicitation: 15-6522—Tourist Fulfillment 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 p. nership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name PHASE V O FLORIDA LLC Print Name Rod•er t av: ',°ailr Title Director of Operations f Operatirl I Date 12/7/15 State of -F bylck ' County of 1_E,C The foregoing instrument was signed and acknowledged before me this 7 day of /','em bx , 201'5—, Or't-ceh {� c u ex-) who has produced 1 32 () L%i as identification. (Prir4t or Type Name) (Type of Identification and Number) ( fz ✓ Notary Public Signature U FELICIA ORTIZ_. .._] - MY COMMISSION#5F9291.-;:';„! Printed Name of Notary Public _• = �, s ,���''%'() )r! 7 � ) "". . EXPIRES October 21,20 J�� ``2 C `)�. � ��t L 1 k°'r9 t4C71�A-0153... FloddallotaryServicc.cerr Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #15-6522 Tourist Fulfillment Services 27 Packet Page -883- 2/23/2016 16.F.2. Goer Cos-.iity 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 PHASE V OF FLORIDA, LLC (as shown on income tax return) Business Name N/A (if different from taxpayer name) Address 12290 TREELINE AVE. City FORT MYERS State FL Zip 33913 Telephone 239-225-1021 FAX 866-399-4985 Email RCRAVENSPHASEV.COM Order Information Remit/ Payment Information Address SAME AS ABOVE Address SAME AS ABOVE City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) X 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) 47-1456256 (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 For. Certification: Un •r pen.. '•f -gury, 1 s-'ify that the information shown on this form is correct to my knowledge. AAW Signature.-_WY�+ / Date 12/7/2015 «try Title: Director of Operation—4r Phone Number 239-225-1021 #15-6522 28 Tourist Fulfillment Services Packet Page -884- 2/23/2016 16.F.2. Co d er Comity 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 $ 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, PA 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, Z 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 (E&O) $ 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 #15-6522 Tourist Fulfillment Services Packet Page 885 29 2/23/2016 16.F.2. 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 9/23/2015 Vendor's Insurance Statement We understand the insurance requirement • 'these specifications and that the evidence of insurability may be required within five (5) day ,of the a -rd of this solicitation. Name of Firm PHASE k.)F F' °'iDA, LL Datel 2/7/20i 5 Vendor Signature = I , % _ j//,.!,�T fir Print Name Roger Cravens Insurance Agency The Hartford Insurance Agent Name Keisha Tolliver Telephone Number 704-942-2809 #1.5-6522 Tourist Fulfillment Services Packet Page -886- 30 2/23/2016 16.F.2. 15-6522-Tourist Fulfillment Services Attachment 8:Bid Schedule Section 1: Insert price,for lines 1 Ihrtxlgh 8 in the column filled'Price' These amounts will automat yell,tm,mull pl e i,2 the sown*iamb'^1015 to each.111 mad An line total Lin-totals Ise items 1-I.nit be added together to yield IInn C Report line 9 on Attachment Y.Bid Response loon. Item Description Notes Multiplier Unit I Price Line Total 1 legal getup fee to setup telephone scripts One time setup fee for all lines 1 no - $2 Per call processing charge 800 ea 5 0,92 5 76000 -3 Monthly charge for phone fines at cost) Per Line G ea ?.00 5 18.00 Data entry charge for Inquiries from other sources Nest per 4 name record,including all information) 3000 ea 5, 010 0 900.00 Iri Ludes CASS&6000 Garble ohm ,audrewning,CMing and dre:yuag.Cost I_per rnea '5 Mailing assemble cost piece. 9000 no -. o 10 $ 900.00 Costa for shipping will,ar,rteh destination.Co.,.1..ens-'alb,,,handling fee let each 6 Postage and shipping cost for twelve ounce package shipment 9000 ea 5 079($ ,,110.00 Hourly rate for'spacial projects(the'fender agrees to charge by '7 the quarter hour for all serices greater than one h'-wr) 5 hr S 35.00 0 175,00 "13 Per pallet per month charge for Monotony Sort net pallet 25 pp I$ 20.00 $ 500,00 9 Total $ 10,363.00 Suction 2: A Mitionai tot sera ice costs. Please invert additit:not per item services bete.,No Items Selo,,-strut.'be teen osmium In lame 1.E eb-,n item Description Notes I Unit I Price 10 Administreti'-e Charged by the quarter hour for all menace greater than me hour hr $ 40.00 11 Protrnmming _Charged by the quarter hour for ell oerrice^.greater than cne Sour hr $ 85,0D 12 Pliant Setup Charged by the quarter hour for all ear:iw.'greater than cne hear hr 5 50.00 13 S-slast'10.000 Record" sn 0,02 14 E-Blest ea 10,000 Rec Crds n,, 5 0,008 15 Printing-6'N Noryerconaii00'I,low,flume-only used mien les-costly than to e'terns)vr Odor ea $ 0.05 16 Printing•Color(up la 4 tubes) N-nn-pernonnalized,ice^.nlurne-Doll lined-hen ln•:c Onobv than on ed.real render ea $ 0.14 17 0,5051er Continual, Monthly 5 100.00 18 Manual record entry(all entries lees than 50 records) _ en $ tt,50 19 Live Chat Monthly base tionlhly $ 50.05 20 Li•:re Chat Per lain Proccasing Charge Minute $ 0,05 21 Fulfillment-1st item Non Self Mager Mailing requests as 5 0.15 22 Fulfillment-Additional Items Non Sell Mailer!.tailing tarfuesls ea 5 000 23 Fulfllimsm-Case Shushing Bulk orders lull care orders(only opiates•.'nun in mull+piee of full cs $ 2.00 29 !airport 0r•l1very hr 5 50.00 '25 Toll Free U::age Per tenure 26 "3 Use de billed or cost as blued by our Icing dtstnnce cam- .4 This,a lire eutometed upload metric menu&pricing listed in sentrin 2 '$ This is the self mailer pricing,other INfillment pricer,tinted in mchun 2 •C All postage and thippinn charges billed at 00,1 `7 Rem r arias by the type of hinted.vere:rou:•'prof-tw Pr ham listed commuting hi illy rates hated in!tundra L 8 Pellets am rounded Op to 1110 090 full pellet ord calcubte:l u•,iny cases/I'.nhel 25 Usage billed et cccl et billed by our came- Packet Page -887- Verify-Employer Wizard-Company Information https://e-verify.uscis.gov/emp/EmployerWizard.aspx 2/23/2016 16.F.2. M '. a h, _ rify `�,, Welcome User ID Last Login Employment Eligibility Verification Rodger Cravens ACHE0014 10:56 AM-12/07/2015 Log Out Click any 0 for help Home Company Information My Cases New Case Company Name: Phase V View Cases View./Edit Search Cases Company ID Number: 750783 My Profile Doing Business As(DBA) Edit Profile Name: Change Password DUNS Number: Change Security Questions My Company Physical Location: Mailing Address: Edit Company Profile Address 1: 12290 TREELINE AVE Address 1: 12290 Treeline Ave Add New User Address 2: Address 2: View Existing Users City: FORT MYERS City: Fort Myers Close Company Account State: FL State: FL My Reports Zip Code: 33913 Zip Code: 33913 View Reports County: LEE My Resources View Essential Resources Additional Information: Take Tutorial Employer Identification Number:471466266 View User Manual Total Number of Employees: 20 to 99 Share Ideas Parent Organization: Answer Pro Contact Us Administrator: Organization Designation: Employer Category: None of these categories apply NAICS Code: 561 -ADMINISTRATIVE AND SUPPORT SERVICES View/Edit Total Hiring Sites: 1 View/Edit Total Points of Contact: 3 View/'Edit U.S.Department of Homeland Security-wwwdhs.goy U.S.Citizenship and immigration Services-www.uscis.gov Enable Permanent Tooltips Accessibility Download Viewers Packet Page -888- of 1 12/7/2015 2:18 PM 2/23/2016 16.F.2. Form YY-9 Request for Taxpayer Give Form to the (Rev.December2014) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. internal Revenue Service I ( 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Phase V Of Florida,LLC. cv 2 Business name/disregarded entity name,if different from above m N/A c• 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to certain entities,not individuals;see O 19 Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): m c single-member, LLC Exempt payee code(if any) o ❑Limited liability company.Enter the tax classification(C-C corporation,SeS corporation,P-partnership)► v p 2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting N the tax classification of the single-member owner, code(if any) p, o El Other(see instructions)► (Applies to acoa,rrF mA,namod a,r4,eP me asa u 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) o. 12290 Treeline Ave. ce • 6 City,state,and ZIP code W Fort Myers, FL 33913 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a J resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a -_ TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for I Employer identification number 1 guidelines on whose number to enter. 4 7 - 1 4 6 612 6 6 Part II Certification 111 Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of !)0 Here U.S.person► Date► /General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Forni W-9(such •Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien).to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or Form 1099-tNT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) Packet Page -889- 2/23/2016 16.F.2. FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS Detail by Entity Name Florida Limited Liability Company PHASE V OF FLORIDA, LLC Filing Information Document Number L14000119626 FEI/EIN Number 47-1466266 Date Filed 07/30/2014 Effective Date 07/25/2014 State FL Status ACTIVE Principal Address 169 E. FLAGLER STREET, #1012 MIAMI, FL 33131 UN Mailing Address 169 E. FLAGLER STREET, #1012 MIAMI, FL 33131 UN Registered Agent Name &Address OTTE, GEORGE 169 E. FLAGLER STREET #1012 MIAMI, FL 33131 Authorized Person(s) Detail Name &Address Title MGR OTTE, GEORGE 169 E. FLAGLER STREET, #1012 MIAMI, FL 33131 UN Annual Reports Report Year Filed Date 2015 03/24/2015 Document Images 03/24/2015 -- ANNUAL REPORT View image in PDF format Packet Page -890- http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 12/9/2015 2/23/2016 16.F.2. 07/30/2014 -- Florida Limited Liability View image in PDF format L 41_ Packet Page -891- http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 12/9/2015 2/23/2016 16.F.2. Search Results Current Search Terms: phase* V of florida* Notice:rwka,lhuklxhgtgrfxp hgv4thstvhgvuttqcj#Jch#41 4i djh#cial rxd/DP0,hdufk#hvxo>f11,rdh#hvxafp d fkhfdydl>dedlligr# Glossary siigvk1 rxWtrp strh#+hdufk#invxevM rxicdgtgrz g¢dg4fkh160 Itdggi31117,tid# No records found for current search. Search Results Hci* Hffo Hq Search niters E N hfng# Vvdwcv E Ixgfwa-gd.. Dtd#114-!gvf # P dgtj hp hqw E lxgfvirgd4 DilidiXX SIT in.p dafh# Iuiru>dvdre; SAM I System for Award Management 1.0 LEP 41517315348453401;S: G Note to all Users:wkL#Nil3#IhghtddP ryhrgp hgutRrp sxwhugvivvhp I#tvhikii k17# t.S`i ryov viwhp ttrciw&xvhvitrgvhgvAsits rglrukij#lv#3aAt4D hv1# ••• �.7v t. Packet Page -892- https://www.sam.gov/portal/SAM/?navigationalstate=JBPNS_rOOABXdcACJgYXZheC5... 12/9/2015 2/23/2016 16.F.2. 15-6522-Tourist Fulfillment Services Attachment 8:Bid Schedule Section 1: Insert prices for lines 1 through 8 in the column titled"Price".Those amounts will automatically be multiplied by the column titled"Multiplier".which will yield the line total.Line totals for items 1-8 will be added together to yield line 9.Report line 9 on Attachment 3:Bid Response form. Item Description • Notes Multiplier Unit Price Line Total 1 Intial set-up fee to set-up telephone scripts One time setup fee for all lines 1 ea $ - $ 2 Per call processing charge 800 ee $ 0.95 $ 760.00 •3 Monthly charge for phone lines(at cost) Per Line 6 ea $ 3.00 $ 18.00 Data entry charge for inquiries from other sources(cost per •4 name record,including all information) 3000 ea $ 0.30 $ 900.00 Includes CASS 8 NCOA Certification,addressing,sorting and dropping.Cost is per mail •5 Mailing assembly cost piece. 9000 ea $ 0.10 $ 900.00 Costs for shipping will vary with destination.Cost is associated handling fee for each 6 Postage and shipping cost for twelve ounce package shipment 9000 ea $ 0.79 $ 7,110.00 Hourly rate for special projects(the Vendor agrees to charge by •7 the quarter hour for all services greater than one hour) 5 hr $ 35.00 $ 175.00 •8 Per pallet per month charge for inventory Cost per pallet 25 pp $ 20:00 $ 500.00 9 Total $ 10,363.00 Section 2: Additional per service costs.Please insert additional per item services below.No items below should be tees relating to lines 1-8 above. Item Description Notes Unit Price 10 Administrative Charged by the quarter hour for all services greater than one hour hr $ 40.00 11 Programming Charged by the quarter hour for all services greater than one hour hr $ 85.00 12 Oblast Setup Charged by the quarter hour for all services greater than one hour hr $ 50.00 13 E-Blast<10,000 Records ea $ 0.02 14 E-Blast no 10,000 Records ea $ 0.008 15 Printing-BM/ Non-personalized,low volume-only used when less costly than an external vendor ea $ 0.05 16 Printing-Color(up to 4 colors) Non-personalized,low volume-only used when less costly than an external vendor ea $ 0.14 17 Disaster Continuity Monthly $ 100.00 18 Manual record entry tall entries less than 50 records) ea $ 0.50 19 Live Chat Monthly base Monthly 5 50.00 20 Live Chat Per Min Processing Charge Minute $ 0.95 21 Fulfillment-1st tern Non Self Mailer Mailing requests no $ 0.15 22 Fulfillment-Additional Items Non Self Mailer Mailing requests ea $ 0.06 23 Fulfillment-Case Shipping Bulk orders,full case orders Only applies when in multiples of full cases) cs $ 2.00 24 Airport Delivery hr $ 50.00 "25 Toll Free Usage Per Minute 26 •3 Usage billed at cost as billed by our long distance carrier '4 This is the automated upload pricing,manual pricing listed in section 2 5 This is the self mailer pricing,other fulfillment pricing listed in section 2 •6 All postage and shipping charges billed at cost •7 Rate varies by the type of project,warehouse projects pricing listed remaining hourly rates listed in section 2 •8 Pallets are rounded up to the next full pallet and calculated using cases/pallet •25 Usage billed at cost as billed by our carrier Packet Page -893- Project Manager:Jack Wert Bid Tabulation Notifical• -- 2/23/2016 16.F.2. Procurement: Adam Northrup 15-6522-Tourist Fulfillment Services Dc,VVI IIVOUCU. JJ Submissions: 1 1 Line#1 Description Phase V Fulfillment 1 9 Total $ 10,363.00 Attachment 2:Vendor Check List x Attachment 3: Bid Response Form x Attachment 4: LVP x Attachment 5: Immigration Affifavit x Attachment 6: W-9 x Attachment 7: Insurance x Everify x Division of Corporations x EPLS Validation x Opened/ Date:Adam Northrup 12/07/2015; 3:00PM Witness/Date: Diana DeLeon 12/07/2015; 3:00PM 1 of 1 Packet Page -894- 2/23/2016 16.F.2. 1 �, � yti Charlotte County Purchasing Division s3 2 leT 4 _ � v 18500 Murdock Circle, Suite 344 to ° _ Port Charlotte, Florida 33948-1094 __,:, ice r:, Phone 941.743.1378 - d '' Fax 941.743.13 84 . Award Information Contract Number 2016000099 Project Title MAIL FULFILLMENT&TOLL-FREE SERVICES Awarded Contractor PHASE V OF FLORIDA LLC Awarded Contractor's Location MIAMI, FL Date of Award 01/22/2016 Awarded by CHARLOTTE COUNTY ADMINISTRATOR Estimated Annual Amount $55,000 Date of Award thru 12/31/16 Term of Contract with two(2) additional one-year(1-yr) renewal options Packet Page -895- 2/23/2016 16.F.2. CHARLOTTE COUNTY PURCHASING DIVISION ADMINISTRATIVE APPROVAL 1. DEPARTMENT MAKING REQUEST/NAME/EXTENSION 2. DATE: Tourism Development/Cheryl Mastin x1526 1/14/2016 3. REQUESTED MOTION/ACTION: Recommend the County Administrator award RFP#16-099, Mail Fulfillment&Toll-Free Services, to the sole submitting firm: Phase V of Florida, LLC of Fort Myers, FL at the unit pricing submitted (see attached) and a not-to-exceed amount of $55,000. 4. IS THIS ITEM BUDGETED(IF APPLICABLE)?: IF NO,STATE ACTION REQUIRED BUDGET ACTION: No action needed. Funding from the Tourist Development Tax Trust Fund approved in the FY 2016 budget process. FINANCIAL IMPACT SUMMARY STATEMENT: Funding for this expenditure comes from the Tourist Development Tax Trust Fund, Tourist Development Bureau, Other Contractual Services(1027.794801.575.34.0001). DETAILED ANALYSIS ATTACHED? REVIEWED BY: DATE: 5. BACKGROUND: (WHY IS THE ACTION NECESSARY,AND WHAT ACTION WILL BE ACCOMPLISHED) This project is to obtain the services of a firm to provide mail fulfillment and toll-free line services for the Charlotte County Tourist Development Bureau inclusive of(a) inbound telemarketing, (b) County emergency response, (c) reader response data entry, (d) database maintenance and reports, (e)account service, (f)qualifications, and (g)quality control procedures per the attached unit pricing. The Professional Services Committee consisted of Lorah Steiner, Tourism Development Director; Chip Futch, Tourism Marketing Manager; Natalie Hinger, Financial Manager; and Elizabeth Billings, Television Production Manager. Estimated annual expenditure is $55,000. 6. RECOMMENDED APPROVALS Steiner, Lorah Kim Corbett Kelly Shoemaker 01/20/16 01/20/16 01/22/16 Cori n cosign cosi8n Department/Division PURCHASING Administration Packet Page -896- 2/23/2016 16.F.2. . I Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Phone 941 .743.1378 Fax 941 .743.1384 NOTICE OF AVAILABILITY REQUEST FOR PROPOSALS CHARLOTTE COUNTY, FLORIDA The County of Charlotte will be receiving sealed proposals at the Purchasing Division, Suite 344, Charlotte County Administration Center, 18500 Murdock Circle, Port Charlotte, FL 33948-1094, for: RFP NO. 2016000099 MAIL FULFILLMENT & TOLL-FREE SERVICES This is an annual contract with a firm to provide mail fulfillment and toll-free line services for the Charlotte County Jurist Development Bureau, hereafter referred to as Bureau, at the most reasonable cost as described within the cope of Services. PRE-SUBMITTAL CONFERENCE: 2:00 p.m. (EST), DECEMBER 17, 2015 ADMINISTRATION COMPLEX, BUILDING B, ROOM 106B PROPOSAL DUE DATE: 5:00 p.m. (EST), JANUARY 5, 2016 PURCHASING DIVISION CONFERENCE ROOM Proposal Documents may be obtained by accessing the Charlotte County Purchasing Division's website at www.charlottecountyfl.com/purchasing under"Purchasing Bids Online", document number 160992. Any questions can be answered by contacting Carole A. Smith, CPPB, Senior Contract Specialist, at 941.743.1373, or by email: carole.smithAcharlottecountyfl.cov. Notice of Availability www.charlottecountyfl.com Posted: 12/04/15 RFP No.2016000099 Packet Page -897- 2/23/2016 16.F.2. . Charlotte County Purchasing Division i. s,v 18500 Murdock Circle, Suite 344 i Port Charlotte, Florida 33948-1094 ik . ,- Phone 941 .743.1378 , ; '` Fax 941 .743.1384 N'4,'''. --,!Z,1•4‘. '10 YY • ADDENDA NOTIFICATION FORM RFP NO.2016000099 MAIL FULFILLMENT&TOLL-FREE SERVICES The County will attempt to notify all prospective firms of addenda issued to the proposal documents. However, it shall be the responsibility of the firm, prior to submitting their proposal,to contact the Purchasing Division to determine if addenda were issued, acknowledging and incorporating it into their submittal. If you would like to request notification of any addenda that may be issued regarding this project, please complete the form below and return via fax to 941.743.1384, attention Carole A. Smith, CPPB, Senior Contract Specialist or by email to carole.smith a(�charlottecountyfl.gov. By completing and returning this form,you are requesting notification of addenda that may be issued regarding this specific project only. COMPANY NAME: CONTACT PERSON: PHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: RFP No.2016000099 Packet Page -898- t 2/23/2016 16.F.2. , i ,,- . a� Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 _� d i�, -1,- . ,,,,. , ii,, ' ,,,,.,...\„4, .s, ri _.„ Port Charlotte, Florida 33948-1094 . .. Phone 941 .743.1378 ` � -' Fax 941 .743.1384 STATEMENT OF NO SUBMITTAL If you do not intend to submit on this commodity/service, please return this form to the above address immediately. If this statement is not completed and returned, your company may be deleted from the Charlotte County Vendors' list for this commodity/service. We, the undersigned, have declined to submit on requested commodity/service RFP #2016000099, MAIL FULFILLMENT & TOLL-FREE SERVICES,for the following reason(s): Specifications too"tight", i.e. geared toward one brand or manufacturer only(explain below). Insufficient time to respond to the Request for Proposal. We do not offer this product or service. Our schedule would not permit us to perform. Unable to meet bond/insurance requirements. Unable to meet specifications. Specifications are unclear(explain below). Remove us from your vendors' list for this commodity/service. Other(specify below). Remarks: Company Name: Contact Person (typed or printed): Contact Person Signature: Phone: Fax: E-Mail Address: `Tote: Statement of No Submittal may be emailed to carole.smith(a7charlottecountyfl.gov or faxed into the Purchasing Division at 41.743.1384. ' RFP No.2016000099 Packet Page -899- 2/23/2016 16.F.2. TABLE OF CONTENTS MAIL FULFILLMENT & TOLL-FREE SERVICES RFP NO. 2016000099 Notice of Availability 1 Addenda Notification Form 2 "No Submittal" Response Page 3 Table of Contents 4 PART I - GENERAL INSTRUCTIONS 5—9 PART II - SCOPE OF SERVICES 10 — 11 PART III - PROPOSAL FORMAT & CRITERIA FOR AWARD 12— 13 PART IV - SUBMITTAL FORMS 14— 16 RFP No.2016000099 Packet Page -900- 2/23/2016 16.F.2. REQUEST FOR PROPOSAL MAIL FULFILLMENT&TOLL-FREE SERVICES RFP 2016000099 PART I - INSTRUCTIONS RP-01 INTENT: A. It is the intent of the County to select a firm who clearly demonstrates the highest level of ability and proven reliability to perform the professional services specified in the Scope of Services. Brief summaries applicable to the required work should be included with the proposal. B. Time and Date Due-Charlotte County will accept proposals from individuals,corporations,partnerships,and other legal entities authorized to conduct business in the State of Florida until 5:00 p.m. (EST), January 5, 2016. C. In order to insure that all prospective proposers have sufficient information and understanding of the County's needs, a Pre-submittal Conference will be held December 17, 2015 @ 2:00 p.m.,Administration Complex, 18500 Murdock Circle, Building B, Room 106B, Port Charlotte, Florida. RP-02 CONTRACT AWARDS/TERM OF CONTRACT: The County anticipates entering into a contract with one(1)firm who submits the proposal judged to be most advantageous to the County. The term of the contract will be effective from date of award up to and including December 31, 2016, with option to renew for two (2) additional one-year terms. The selected firm shall be required to sign a formal agreement in the standard form currently used by Charlotte County for professional services. The proposer understands that this RFP does not constitute an agreement or a contract with the proposer. A proposal is not binding until proposals are reviewed and accepted by the Board of County Commissioners and a contract is executed by both parties. RP-03 DEVELOPMENT COSTS: The County shall not be liable for any expense incurred in connection with preparation of a response to this Request for Proposal (RFP). Proposers should prepare a straightforward and concise description of the proposers' ability to meet the requirements of the RFP. .P-04 INQUIRIES:The County will not respond to oral inquiries. Proposers may submit written or faxed inquiries regarding this RFP to Purchasing, 18500 Murdock Circle, Suite 344, Port Charlotte, Florida 33948; Fax No. 941.743.1384, or they may be addressed at the pre-submittal conference. The County will respond to written or faxed inquiries received at least five(5)working days prior to the RFP due date. The County will record its responses to inquiries and any supplemental instructions in the form of written addenda and will send written addenda to all proposers who received the RFP. It shall be the responsibility of the proposer, prior to submitting their proposals,to contact Purchasing to determine if addenda were issued,acknowledging and incorporating them into their proposal. RP-05 PROPOSAL SUBMISSION AND WITHDRAWAL: The County will receive proposals at the following address: Senior Division Manager- Purchasing Charlotte County Administration Complex 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Proposals received after the established deadline will not be opened. Proposers may withdraw their proposal by notifying the County in writing at any time prior to the due date. Proposals not so withdrawn shall,upon opening,constitute an irrevocable offer for a period of 120 days to provide Charlotte County the services set forth in these specifications until one of the proposals has been accepted by the Board of County Commissioners. Upon opening,proposals become"public records"and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. RP-06 PROPOSAL RESTRICTIONS: A. In order to control the cost of preparation, submittals should be limited to a maximum of 50 pages, one-sided, excluding cover letter, index, dividers, resumes, and the required forms. B. In accordance with Ordinance #96-002, the manufacture, use, display or other employment of any facsimile or ;production of the Charlotte County Seal,without the express, prior,written approval of the Board of County Commissioners of Charlotte County, Florida, is hereby declared to be unlawful and punishable as a Second Degree Misdemeanor as provided in Section 165.043, Florida Statutes. RFP No.2016000099 Packet Page -901- 2/23/2016 16.F.2. RP-07 DRUG FREE WORKPLACE:Charlotte County is a Drug Free Workplace. It is strongly suggested that the attached Drug Free Workplace Form be signed and returned to this office with the proposal. RP-08 PUBLIC ENTITY CRIMES STATEMENT: In accordance with Florida Statutes Sec. 287.133(2)(a), "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/services to a public entity, may not submit a bid on a contract with a public entity for 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,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,for Category Two,for a period of 36 months from the date of being placed on the convicted vendor list". RP-09 CANCELLATION/TERMINATION: The County shall have the right to unilaterally cancel, terminate or suspend this Contract, in whole or in part, by providing the successful proposer thirty(30)days written notice by certified mail. It is expressly understood by the County and the Contractor that funding for any successive fiscal years is contingent upon appropriation of monies by the Board of County Commissioners. In the event that funds are not available or not appropriated,the County reserves the right to terminate the Contract and/or individual leases. The County will be responsible for any outstanding invoices prior to the termination. RP-10 RESERVED RIGHTS: The County reserves the right to accept or reject any and/or all proposals, to waive irregularities and technicalities,and to request resubmission. Any sole response received the first submission date may or may not be rejected by the County, depending on available competition and timely needs of the County. The County shall be the sole judge of the proposal and the resulting agreement that is in its best interest, and its decision shall be final. The County reserves the right to accept or reject any or any part of the submissions, if it is deemed in the best interest of the County.The County,in its sole discretion,may expand the scope of work to include additional requirements. The County reserves the right to investigate as it deems necessary to determine the ability of any firm to perform the work or services requested. The firms, upon request shall provide information the County deems necessary in order to make a determination. RP-11 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE:Charlotte County,Florida,in accordance with the provisions of Title VI of The Civil Rights Act of 1964 (78 Stat. 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all firms it will affirmatively ensure in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this advertisement and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. All firms are hereby notified that the successful firms must and shall comply with the Civil Rights Act of 1964, the Age Discrimination in Employment Act,the Rehabilitation Act of 1973,the Americans with Disabilities Act and the Florida Civil Rights Act, all as amended. Specifically, firms agree that: No person shall, on the grounds of race, color, sex, religion, age, disability, national origin or marital status, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program,activity or service funded through this Contract. • Contractor will not discriminate against any employee or applicant for employment because of race,color,religion, sex,age,disability, national origin or marital status. Contractor agrees to post in a conspicuous place,available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. • Contractor will,in all solicitations or advertisements regarding program activities,services provided or applications for employment, state that all qualified applicants will receive consideration for services or employment without regard to race, color, religion, sex, age, disability, national origin or marital status. • County may require Contractor to submit reports as may be necessary to indicate non-discrimination. County officials will be permitted access to Contractor's books, records,accounts and other sources of information and its facilities as may be pertinent to ascertain compliance with non-discrimination laws. It is expressly understood that County shall have the right to terminate this Contract upon receipt of evidence of discrimination. RP-12 PAYMENT: Request for payment must be submitted to Charlotte County Purchasing on a form approved by the County in accordance with contract documents. Price shall be net and all invoices payable according to the Local Government Prompt Payment Act(F.S.218.74). RP-13 PERFORMANCE EVALUATION: At the end of the Contract, the receiving department will evaluate the successful proposers' performance. This evaluation will become public record. RFP No.2016000099 Packet Page -902- 2/23/2016 16.F.2. RP-14 INSURANCE REQUIREMENTS: Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to oersons or damage to property which may arise from or in connection with the performance of the work hereunder by the 'ontractor, his agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract.The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees,or subcontractors. Contractor is free to purchase such additional insurance as may be determined necessary. A. MINIMUM SCOPE AND LIMITS OF INSURANCE-Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. 1. Commercial General Liability—Occurrence Form (CG 00 01) Policy shall include bodily injury, property damage, broad form contractual liability and Explosion, Collapse and Underground (XCU)coverage. • General Aggregate $2,000,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "Charlotte County a political subdivision of the state of Florida and it officers, employees, agents and volunteers" shall be named as an additional insured with respect to liability arising out of the activities performed by,or on behalf of the Contractor. b. Contractor's subcontractors shall be subject to the same minimum requirements identified above. c. Policy shall be endorsed for a waiver of subrogation against the Charlotte County. 2. Automobile Liability Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Automobile liability must be written on a standard ISO form (CA 00 01) covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos. Combined Single Limit(CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "Charlotte County a political subdivision of the state of Florida and it officers,employees,agents and volunteers"shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including automobiles owned, leased, hired or borrowed by the Contractor". b. Contractor's sub-contractors shall be subject to the same minimum requirements identified in this section. c. Policy shall contain a waiver of subrogation against the Charlotte County. 3. Worker's Compensation and Employers' Liability Workers'Compensation Statutory Employers' Liability Each Accident, bodily injury or disease $1,000,000 a. Policy shall contain a waiver of subrogation against the Charlotte County. b. Contractor's sub-contractors shall be subject to the same minimum requirements identified in this section. c. If the contractor has no employees the contractor must submit to the County the Workers Compensation Exemption from the State of Florida. 4. Professional Liability(Errors and Omissions Liability)for Prime Contractors a. Estimated Projection Construction Cost up to $9,999,999 Each Claim $1,000,000 Annual Aggregate $2,000,000 b. Estimated Projection Construction Cost from $10,0000,000 to$19,999,999 Each Claim $2,000,000 Annual Aggregate $2,000,000 c. Estimated Projection Construction Cost from $20,0000,000 to$40,000,000 RFP No.2016000099 Packet Page -903- 2/23/2016 16.F.2. Each Claim $3,000,000 Annual Aggregate $3,000,000 d. In the event that any professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five(5)years beginning at the time work under this Contract is completed. e. Policy shall contain a waiver of subrogation against Charlotte County. 5. Professional Liability(Errors and Omissions Liability)for Subcontractors In addition to the insurance requirements for the Contractor, the contractor's registered sub-contractors (including structural, civil, mechanical, plumbing, electrical engineering, landscape architecture, survey, geotechnical and materials testing) are required to carry Professional Liability insurance at the same levels and conditions as the Contractor. Additional Insured — All policies, except for the Workers Compensation shall contain endorsements naming the County its officers,employees,agents and volunteers as additional insured with respect to liabilities arising out of the performance of services contained herein. The additional insured endorsements'shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to full extent provided by the policy,even if those limits exceed those required by this contract. Such additional insured coverage shall be at least as broad as Additional Insured(Form B)endorsement form ISO,CG 20 10 11 85 or both CG 20 10 and CG 23 37 if later revisions used. Waiver of Subrogation Rights—The Contractor shall require the carriers of required coverage's to waive all rights of subrogation against the County, its officers, employees, agents and volunteers. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County. Policies Primary and Non-Contributory—For any claims related to this contract,the Contractor's insurance coverage shall be primary insurance as respects the County, its officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the County, its officers,employees,agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Severability of Interests— The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy. Proof of Coverage-Prior to the commencement of performance of services the Contractor shall furnish to the County Purchasing Division Certificates of Insurance and amendatory endorsements or copies of the applicable policy language effecting coverage required. These certificates shall provide that such insurance shall not be terminated or expire without notice thereof in accordance with the policy provisions and Contractor shall maintain such insurance from the time the Contractor commences performance of services until completion of such services. Within seven(7)calendar days of notice of award,the Contractor shall furnish a copy of the Declaration page and required endorsements for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. Acceptability of insurance carrier—Unless otherwise approved by Risk Management, Insurance shall be written by insurers authorized to do business in the State of Florida and with a minimum Best Insurance Guide rating of"A:VII". Deductibles and Self-Insured Retention — Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. The County may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the deductible or retention. Failure to Procure Coverage— In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured or is cancelled and not replaced,the County has the right but not the obligation or duty to terminate the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance. Insurance Review— Insurance requirements are subject to periodic review by the County. The Risk Manager or designee is authorized, but not required,to reduce,waive, or suspend any insurance requirements whenever Risk Management determines RFP No.2016000099 Packet Page -904- 2/23/2016 16.F.2. that any of the required insurance is not available, is unreasonably priced or is not needed to protect the interests of tree County. in addition, if Risk Management determines that heretofore, unreasonably or unavailable types of insurance coverage or coverage limits become reasonably priced or available,the Risk Manager or designee is authorized, but not required,to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits,provided that any such change reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any ...flange requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty(30)days of receipt. Any failure,actual,or alleged,on part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the par to the County. RP-15 UNAUTHORIZED ALIEN WORKERS: Charlotte County will not intentionally award publicly-funded contracts to any Contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained in 8 U.S.C.Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act("INA")].The County shall consider employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e)of the INA shall be grounds for termination of this Agreement by the County. RP-16 EMPLOYEE BACKGROUND CHECK: If an owner,except a stockholder in a publicly traded corporation,or an employee of the Contractor has been convicted of any offenses requiring registration as a sexual offender or sexual predator,regardless of the location of conviction, the Contractor shall ensure that the offender's or predator's work on the project is consistent with the terms of his probation and registry requirements. RP-17 CONTRACTS PUBLIC RECORDS: Pursuant to Section 119.0701 of the Florida Statutes, Contractors performing government functions on behalf of the County must: a) keep and maintain public records associated with the contracted project; b) provide the public with access to public records pursuant to the terms of Chapter 119 of the Florida Statutes; c) ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law; and d) meet all requirements for retaining public records, transfer at no cost to the County all public records in their possession upon termination of the contract, and destroy any duplicate public records that are confidential and exempt. END OF PART I RFP No.2016000099 Packet Page -905- 2/23/2016 16.F.2. PART II SCOPE OF SERVICES RP-18 PURPOSE: It is the intent of Charlotte County to select a firm who clearly demonstrates the highest level of ability to provide mail fulfillment and toll-free line services for the Charlotte County Tourist Development Bureau, hereafter referred to as Bureau, at the most reasonable cost as described within the Scope of Services. RP-19 SCOPE OF SERVICES: The successful Contractor will provide the Bureau with the following ongoing services: Note: Proposer should identify how each item below will be accomplished. A. Inbound Telemarketing: As part of the Bureau's promotional efforts,a toll-free line is utilized (800.652-6090—primary line; 888.478.7352—former line which may have residual shelf life)to provide information to prospective visitors by phone. 1. Respond via live operator to the Visitor Bureau's toll-free numbers(s)24 hours a day, seven (7)days a week. Maintain sufficient positions and operators to meet peak calls(at least 6 positions), while providing excellent customer service. 2. Receive requests for Visitor Guides. Advise caller of the opportunity to opt into the Bureau's monthly newsletter and record responses/email address... 3. Gather caller's name,address,phone number,email address,publication source and response to demographic questions prepared by the Bureau and enter them into the Bureau database. 4. Validate the caller's address by comparing it to the USPS's domestic database of all valid addresses while the caller is on the line. Ensure that this does not increase the length of the call. 5. Respond to questions about visiting the County. Maintain an electronic database with answers to frequently asked questions and information about the County's attractions. Keep the database updated. Have immediate access to the Bureau's website and current Visitor Guide for all operators to assist in answering questions. 6. Immediately call or email the Bureau with all questions that cannot be answered by the operator. 7. Refer all callers to the tourism website (www.CharlotteHarborTravel.com)for additional information. 8. Maintain the ability to answer calls even when the firm must close down due to a disaster, if requested by the Bureau— Outline Disaster Recovery plan. 9. Establish and maintain the capability to support the tourism website with interactive text chat on a 24 hour a day basis, if requested by the Bureau. 10. Assume the billing for the Bureau's toll-free number(s). Provide actual long distance costs to the Bureau,including usage, access fees and taxes. The toll-free number(s)will remain the property of the Bureau. 11. Provide a monthly report to the Bureau of all activity relating to fulfillment and the toll-free line including ongoing expenses, levels of activity(including zip code report)and product inventory levels. 12. Assist with special mailing projects as needed including formatting text, high speed laser copying, bi or tri folding, insertions, mailing list management and development and geographic pre-sorts of existing database. 13. If obtaining the services of a sub-consultant, please provide their credentials. B. County Emergency Response: Provide a separate toll-free number for the County to have two-way communications with all County employees in the event of an emergency. In an emergency, the County will keep the vendor informed of departmental status(e.g.:facility status and when and where to report to work). County employees will call the toll-free number and the Vendor will inform employees of their departments'status and will report the employees'status(e.g.: have evacuated,will be back by...) back to the department. C. Reader Response Data Entry: 1. Establish the capability to receive publication reader response requests for Visitor Guides via email,website delivery and mail. 2. Electronically import requests received in database compatible files(e.g. .dbf,comma-delimited, Excel)into the Bureau's database. De-dupe records in files before data entering. 3. Manually data enter requests received in other forms(e.g. labels)or files too small to be electronically imported. 4. Data enter all fields in all records(e.g. responses to demographic questions). 5. Data entry of requests must be accomplished within three(3) business days of receipt. 6. Establish a relationship with the publications' contacts to maximize those received in database compatible files and to improve accuracy and timeliness of receipt. 7. Update the Bureau's database with changes in publications as they are received from the Bureau. D. Mail Fulfillment: The firm shall have knowledge of international mailing procedures, customs regulations, clearances and policies which will be applied to fulfillment of international consumers and travel organizations. Firm is responsible for maintaining the bulk mail permit and account. 1. Fulfill (mail)all requests for Visitor Guides in the following timeframes: • If volumes are high enough(200 or more), fulfill at least twice weekly using automated pre-sort standard mail. '^ RFP No.2016000099 Packet Page -906- 2/23/2016 16.F.2. • If volumes are not high enough for twice weekly mailing,fulfill at least weekly. Use first class mail as a last resort after consulting with Bureau. 2. CASS validate all domestic United States addresses before fulfilling. Automatically and manually validate as many addresses as possible. Do not mail any invalid addresses. Normal mailings utilize a self-mailing Visitor Guide with pre-printed indicia. Weight is approximately 3.2 oz. but may be subject to change. 4. Barcode all mailings to utilize automated rates. 5. Use least cost mailing for international mailings. 6. Remove duplicates from each mailing. 7. Manage special mailings(including promotional postcards, newsletters, posters,)as requested by the Bureau. 8. Maintain an inventory of up to 50,000 Visitor's Guides in an air-conditioned warehouse and up to 20,000 specialty brochures and promotional items. 9. At the end of each month,Contractor will provide an estimate of the postage for the following month.Bureau will remit the estimated postage within 10 calendar days.Overage/underage will be credited to next month's invoice.Copies of postage invoices shall be included with regular invoices. E. Database Maintenance and Reports: 1. Maintain a record of all the Bureau's requests in a relational database. 2. Insure the database is redundant and archived periodically. 3. Provide monthly reports to the Bureau as follows, including, but not limited to: • Number of calls received and service levels. • Number of reader response leads categorized by electronic imports and manual data entry. • Toll-free number statistics. • Source of requests categorized by type of source and publication. • Number of Visitor Guides fulfilled by method of fulfillment. • Postage costs by mailing. • Requests received by state and country. • Lists of all requests received. • Inventory of all Bureau materials and supplies. Notify the Bureau 90 days before they must be replaced. 4. When directed, broadcast emails to all records in the database with email addresses as requested by the Bureau. 5. Work with Bureau to assure sync with Simpleview's CRM database. r. Account Service: A dedicated account service representative must be assigned to the account for daily communication via phone and email. The representative will be required to respond in a timely manner to requests for information and data from the division and its agents. In the absence of the assigned representative, a back-up person must be identified to maintain accessibility and account coverage. G. Qualifications: 1. References and Experience • List name, telephone number and address of at least five(5)references for which similar work has been performed. • List at least three (3) similar jobs performed over the last three (3) years. Include company name, contact name and telephone number, project description, size(monetary volume)and length. • State numbers of years similar jobs have been performed. • List key project members—name and title, responsibilities and experience. 2. Equipment and Facilities • List and describe all hardware and software that will be used in the performance of this project. Include the year manufactured and condition. • List and describe all backup hardware and software. • Describe source of hardware and software technical support. If on site, describe experience. Describe the level of 24- hour support. • Describe the facilities, which will be used to complete the project, including the call center, fulfillment facilities and warehousing facilities. H. Quality Control Procedures: Describe the methods used to ensure that all calls are received and handled correctly,all reader responses are entered correctly and on time, all mailed pieces are mailed correctly and on-time and postage costs are minimized. END OF PART II 44 RFP No.2016000099 Packet Page -907- 2/23/2016 16.F.2. PART III PROPOSAL FORMAT& EVALUATION METHOD RP-20 RULES FOR PROPOSALS: A. The proposal must name all persons or entities interested in the proposals as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. B. The following is an excerpt from Charlotte County Resolution#2011-221 and applies to this proposal: "Any questions regarding a project or submittal shall be directed to the designated person in the Purchasing Division for a response. From the time the notice of request for proposals is published until the contract is awarded, there shall not be any contact between a proposer,agent or other representative and any member of the selection committee,user department, Administration, or any member of the Board of County Commissioners regarding the project or proposal submitted by any proposer. Should any member of the selection committee initiate contact or fail to report any contact, such committee member may be subject to disciplinary action up to and including dismissal. If any proposer,agent or other representative contacts any committee member, user department, Administration or member of the Board of County Commissioners regarding a request for proposals or submitted proposal,the proposer is subject to sanctions up to and including being disqualified from bidding or responding to requests for proposals or letters of interest issued by the County for twelve months from the date of the opening". C. For your information, the members of the Professional Services Committee for this project are as follows: Lorah Steiner, Tourism Development Director Chip Futch, Tourism Marketing Manager Natalie Hinger, Financial Manager Elizabeth Billings, Television Production Manager RP-21 PROPOSAL FORMAT: Firms shall prepare their submittals using the format outlined below: • Experience*/References** • Equipment/Facilities • Quality Control • Price • Local Preference *Experience— Experience of the company,specific personnel to be assigned to the project and verified reputation of work quality. **References— Clients, municipalities and other governmental organizations in which the Scope of Services described within this document was performed. RP-22 PROPOSAL REQUIREMENTS: Proposals are to be typed on the firm's letterhead,specifically referring to the project and the scope of services, containing all required information. That information is to be submitted in one (1) original completely unbound form (clearly marked ORIGINAL on the front page), plus xxxx(x) bound, signed identical copies, and one (1) electronic identical copy on a Flash/Travel Drive of the response to this project placed in a sealed package clearly marked on the outside "RFP2016000099, MAIL FULFILLMENT&TOLL-FREE SERVICES" and addressed to: Senior Division Manager- Purchasing Charlotte County Administration Complex 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1 094 RP-23 EVALUATION METHOD AND CRITERIA: General-The County shall be the sole judge as to the merits of the proposal,and the resulting agreement. The County's decision will be final. Please note that proposals will be evaluated on content, not bulk. Award shall be made to the firm that,in the County's judgment,best meets the criteria specified below and which,in the County's opinion, best accommodates the County's needs and interests. The decision shall rest solely with the County and the County reserves the right to modify or reject any proposal submitted to it for consideration. With 100 being a perfect score,submittals will be awarded based on the following formula: Criteria Points Experience*/References** 30 Equipment/Facilities 20 Quality Control 25 Price 15 A 0 RFP No.2016000099 Packet Page -908- 2/23/2016 16.F.2. Local Preference 10 *Experience— Experience of the company, specific personnel to be assigned to the project and verified reputation of work quality. **References— Clients, municipalities and other governmental organizations in which the Scope of Services described within this document were performed. NOTE: Firms shall prepare their submittals in the format as listed above. RP-24 ANTICIPATED SCHEDULE: The projected schedule of events for this proposal is as follows: 12/03/15 County advertises for proposals 12/17/16 Pre-Submittal meeting 01/05/16 Proposal due date 01/14/16 Professional Services Committee short lists firms END OF PART III A' RFP No.2016000099 Packet Page -909- 2/23/2016 16.F.2. PART IV-SUBMITTAL FORMS PROPOSAL SUBMITTAL SIGNATURE FORM The undersigned attests to his/her authority to submit this proposal and to bind the firm herein named to perform as per contract, if the firm is awarded the Contract by the County. The undersigned further certifies that he/she has read the Request for Proposal, Terms and Conditions, Insurance Requirements and any other documentation relating to this request and this proposal is submitted with full knowledge and understanding of the requirements and time constraints noted herein. By signing this form, the proposer hereby declares that this proposal is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. As Addenda are considered binding as if contained in the original specifications, it is critical that the Consultant acknowledge receipt of same. The submittal may be considered void if receipt of an addendum is not acknowledged. Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Type of Organization (please check one): INDIVIDUAL (_) PARTNERSHIP (_) CORPORATION (_) JOINT VENTURE (_) Firm Name Telephone Fax Fictitious or d/b/a Name Federal Employer Identification Number(FEIN) Home Office Address City, State, Zip Number of Years in Business Address: Office Servicing Charlotte County, other than above Name/Title of your Charlotte County Rep. Telephone Fax Name/Title of Individual Binding Firm (Please Print) Signature of Individual Binding Firm Date Email Address (This form must be completed&returned) A A RFP No.2016000099 Packet Page -910- 2/23/2016 16.F.2. AFFIDAVIT Claiming Status as a Local Business Bidder affirms that it is a local business as defined below and in accordance with the following: Ordinance 2009-005 adopted by e Charlotte County Board of Commissioners and filed with the Secretary of State on February 17,2009;and Ordinance 2009-041 .adopted by the Charlotte County Board of Commissioners and filed with the Secretary of State on October 19, 2009. Local Business Definition: Local business means the company has a valid Business Tax Receipt issued by Charlotte County,Sarasota County or DeSoto County for at least six months prior to the bid submission to do business within Charlotte County,Sarasota County or DeSoto County that authorizes the business to provide the services or goods,and a physical business address located within the limits of Charlotte County,Sarasota County or DeSoto County from which the business operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a business shall not be considered having a"Local Business" unless it contributes to the economic development and well-being of these Counties in a verifiable and measurable way. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid to be eligible for consideration as having a "Local Business". A business that misrepresents the local preference status of its company in a bid to the County will lose the privilege to claim local preference for a one year period. If requested by the County, the bidder will be required to provide documentation substantiating the information given in this affidavit. Charlotte County reserves the right to request supporting documentation as evidence to substantiate the information given in this affidavit. Failure to do so will result in the bidder's submission being deemed non-responsive. Company Name: Signature: Title: Year Business Established: Circle the appropriate County: Charlotte DeSoto Sarasota State of Florida County of Sworn to and subscribed before me, a Notary Public, for the above State and County on this day of , 20 . Notary Public Commission Expiration (Affix Official Seal) 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. This page to be returned only if Contractor is claiming a Local Business Status. A° RFP No.2016000099 Packet Page -911- 2/23/2016 16.F.2. DRUG FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: (name of business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution,dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Date END OF PART IV (This form must be completed&returned) 72 RFP No.2016000099 Packet Page -912- 2/23/2016 16.F.2. BR E VA R ®ogvA‘v BOARD OF COUNTY COMMISSIONERS 9. . p FLORIDA'S SPACE COAST C d �y Z VA ,• AsLORidP Central Services Group Phone (321)617-7390 Purchasing Services Facsimile (321)617-7391 2725 Judge Fran Jamieson Way, Suite C303 Facsimile (321)637-5302 Viera, FL 32940 NOTICE OF AWARD October 19, 2012 P-3-13-04/Fulfillment and Phone Answering Services for Tourism Development Office PURCHASING AGENT;, Leslie Rothering, CPPO CPPB VENDOR MEETS MINIMUM ITEMS AWARDED AWARD AMOUNT REQUIREMENTS Phase V of Southwest FL Yes All Negotiated Contract— Estimated $51,000 Annually —...-._____-_—___.—. 1 .. _._____. [ BOARD AWARD—AGENDA ATTACHED • APPROVED AWARD(NON-BOARD AGENDA): X (Per Sections 111.E.&111.1.&J., BCC-25,PROCUREMENT) Steve Stuitz, . Services Director ❑ Award to Overall Lowest, most Responsive,minimum three bids received. ❑ Award to other than low, with low bid being non-responsive: (copy to Manager) REASON FOR NON-RESPONSIVENESS: ❑ Award to best-ranked by Selection Committee [>ZI Award to low bid, less than three responses received:(copy to Manager) REASON FOR LESS THAN THREE RESPONSES: One Hundred Twenty-Three (123) suppliers were notified and seven (7) planholders requested bid documents. Limited number of fulfillment centers that handle both the 800 service and the fulfillment services. AWARDED BY A COMMITTEE CONSISTING OF: Brevard County Tourist Development Council FOR PURCHASING USE ONLY: ❑ ONE TIME PURCHASE Z ANNUAL BID: EFFECTIVE DATE: November 1,2012 ENDING DATE: RENEWAL OPTION n One year Two(2)—one(1)year options f j RELEASE CASHIER'S OR CERTIFIED CHECK RECEIVED FOR BID DEPOSIT ON BIDS SPECIAL INSTRUCTIONS TO AWARDED VENDOR: ❑ Please provide certificate of insurance. ❑ Please provide performance and payment bonds as required. ❑ OTHER: LR Packet Page -913- 2/23/2016 16.F.2. Florcdas SPACem' --C -' ,-- . '. ' . OASt ORLANDO'S CLOSEST BEACHES www.VisitSpaceCoast.corn BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS FULFILLMENT SERVICES AGREEMENT TITLE: PHASE V OF SOUTHWEST FLORIDA,INC. TDC AGREEMENT NUMBER: P-ILA-1441-293010-2013-09 This AGREEMENT made and entered into this 1st day of November 2012, between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter called the "COUNTY"); and Phase V of Southwest Florida, Inc., 12290 Treeline Avenue, Fort Myers, FL 33913 (hereinafter called the"AGENCY"). WITNESSETH • WHEREAS, pursuant to the Local Option Tourist Development Act, Brevard County-has by Ordinance No. 102-116 through 102-123 and subsequent amendments thereto, established the Brevard County Tourist Development Council (hereinafter called the -roc"), has levied and imposed a five percent (5%) tourist development tax, SPACE COAST OFFICE OF TOURISM 1 430 Brevard Avenue • Suite"150 • Cocoa Village, Florida 32922 • Phone: (877)57-BEACH(2-3224)or(321)433-4470 • Fax:(321)433-4476 COCOA BEACH • MELBOURNE BEACHES • PALM BAY • TITUSVILLE Packet Page -914- 2/23/2016 16.F.2. and has established a tourist development plan for the use of funds derived from such tax; and WHEREAS the TDC promotes and advertises a national 800 toll free informational telephone number and website address for use by potential visitors to our area in obtaining information concerning the area's tourism facilities; WHEREAS, the COUNTY desires to employ the AGENCY to perform fulfillment center services for the TDC; WHEREAS, the AGENCY desires to provide such fulfillment center services in accordance with this Agreement, and has represented to Brevard County that it has the competency and experience to perform such services in accordance with the terms and conditions as set forth herein;and WHEREAS, the provision of such services shall mutually benefit the parties hereto and the residents of Brevard County, Florida. NOW, THEREFORE, in consideration of the above and the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and AGENCY hereby agree as follows: SECTION 1. SCOPE OF SERVICES. The COUNTY does hereby retain the AGENCY, and AGENCY shall furnish fulfillment center services, and perform in a satisfactory and workmanlike manner, those services required of AGENCY as set forth in Exhibit "A", hereinafter referred to as "Scope of Services," which is attached hereto and made a part hereof by this reference, as well as any other services or work that may, from time to time, be assigned 2 Packet Page -915- 2/23/2016 16.F.2. to AGENCY, pursuant to a request for special projects, entered into under existing Brevard County procedures. It is further understood and agreed that the parties may, by mutual agreement,modify the Scope of Services described in Exhibit"A". SECTION 2. TERM. a. The term of this Agreement shall commence November 1, 2012 and shall continue for a period of three (3) years. AGENCY shall commence work only at the request of the COUNTY, and within five(5) days of receipt of written notice to proceed from the COUNTY. Any additional services requested by the COUNTY shall be completed in accordance with applicable authorization provided by the COUNTY. b. Renewal and Extension. This Agreement shall be reviewed within one hundred twenty (120) days prior to the end of its term, and may be renewed at the discretion of the County, for a period up to two (2) years. No provision for automatic renewal of this Agreement shall be effective. Any renewal shall be in writing and executed by AGENCY and the COUNTY. SECTION 3. COMPENSATION. As consideration for providing professional services hereunder, the COUNTY, shall pay AGENCY such compensation for services rendered as described in AGENCY'S service charges and fees, attached hereto and incorporated herein by this reference as Exhibit "B", and subsequent addendums. The sums provided in said Exhibit "B" shall be the only compensation to which AGENCY is entitled, and shall include all office overhead, employee benefits, secretarial, and other support for 3 Packet Page -916- 2/23/2016 16.F.2. overhead services required by AGENCY for the performance of any and all duties or obligations herein set forth. SECTION 4. ADMINISTRATION OF SERVICES. AGENCY shall, in all respects, be responsible for the administration of its own personnel deemed necessary to perform all fulfillment services contemplated by this Agreement. AGENCY shall have the right to subcontract portions of the services required to be performed to other firms, persons and companies, in order to carry out the Scope of Services contemplated hereby; but shall, at all times, remain liable for the proper performance and completion of all work and other services required hereby, including supervision and administration of all such personnel, firms and companies. AGENCY shall not subcontract any portion of the work required under this Agreement without prior written approval of the COUNTY. This approval by the County shall not be unreasonably withheld. SECTION 5. ACTIVITY REPORTS. The AGENCY agrees to provide monthly activity reports in a format acceptable to the COUNTY and a final report at the end of each fiscal year, which ends on September 30. These activity reports shall include but not be limited to the following: a. Breakdown (volume and costs) of mailing costs by date, by method of mailing (presort standard, bound printed matter, first class, UPS, etc.) b. Detailed summary of all inquiries disseminated by source and by specific publication issue each month and year to date. 4 Packet Page-917- 2/23/2016 16.F.2. The COUNTY shall at times be advised, at its request, as to the status of work being done by the AGENCY and of the details thereof. Coordination shall be maintained by the AGENCY with the '1'DC executive director or other designated representative of the COUNTY. Either party to the Agreement may request and be granted a conference to review project status. SECTION 6. BILLING AND PAYMENT. a. Billing Format. The billing period for fulfillment center services shall list the following services separately: 1) data entry expenses including entry, label run and computer sort 2) website live chat fees 3) material storage fees 4) monthly report 5) labor expenses 6) out-of-pocket postage b. Method and Time of Payment. 1) The AGENCY shall submit to the COUNTY a written statement detailing the services rendered by the AGENCY. Upon certification by the 1DC Executive Director, or his designee, that the AGENCY has performed such services in conformance with this Agreement, the AGENCY shall be entitled to receive the specified amount, as set forth at Exhibit B. 2) Each invoice submitted by the AGENCY to the COUNTY shall be supported by a copy of the vendor invoice and proof of performance. No payments shall be made without itemized invoices and receipts attached. 5 Packet Page -918- 2/23/2016 16.F.2. 3) Payment shall be made only after verification and approval of services as specified in the Florida Statutes. 4) Upon approval of such request for payment by the COUNTY, COUNTY agrees to pay such invoice within the timeframe specified in Section 218.70 et seq.,Florida Statutes, the "Florida Prompt Payment Act". c. Partial Payment. In the event a portion of an invoice submitted by the AGENCY, as specified in Paragraph (1) above is disputed, payment for the disputed amount shall be withheld pending resolution of the dispute, and the remainder of the invoice(s) will be processed for payment without regard to that portion which is in dispute. d. Availability of Revenues. The COUNTY, in conjunction with the Florida Department of Revenue, projects revenues for each fiscal year beginning October 1. The AGENCY and COUNTY mutually agree that payment during each fiscal year beginning October 1, is subject to actual revenues being approximately equal to projected revenues. In the event this Agreement extends beyond the COUNTY's current fiscal year that begins on October 1 of each year and ends on September 30 of each succeeding year, the AGENCY and COUNTY mutually agree that performance and payment during subsequent fiscal periods is contingent upon the continued availability of legislatively approved tax revenues. The COUNTY shall be the final determiner of the availability of such revenues. e. County Tangible Property. The AGENCY shall hold for the COUNTY and account for or return upon request to the COUNTY any tangible property of the 6 Packet Page -919- 2/23/2016 16.F.2. COUNTY which may be entrusted to the AGENCY for the purposes provided herein. Property includes but is not limited to computer equipment needed to fulfill services for the COUNTY. Equipment to be returned in working condition. Upon COUNTY submission of a claim including but not limited to quality or defects, the COUNTY shall select at its option the AGENCY either (1) replace the product or (2) refund the county the cost of the product at its current value. SECTION 7. ADDITIONAL SERVICES. To the extent the COUNTY requests AGENCY to perform additional services which are not described hereunder, or with respect to which there is a disagreement between the parties as the whether or not it is contemplated by this Agreement and the REP, then upon receipt of a written directive from the COUNTY to perform such additional service, AGENCY agrees to perform the same; provided, however, that in connection with such additional service, the performance thereof by the AGENCY shall be without prejudice to the AGENCY'S right to seek additional compensation from the COUNTY on account thereof and, provided further, that the COUNTY'S delivery of a written notice to proceed for said additional service shall be without prejudice to the COUNTY'S right to maintain that such additional service does not constitute the basis for additional compensation. SECTION 8. TITLE TO DELIVERABLES. All tangible and intangible property, including but not limited to, mailing lists, ideas, or plans developed by the AGENCY for the COUNTY during the term hereof, shall be the property of the COUNTY. The COUNTY shall have the unrestricted 7 Packet Page -920- 2/23/2016 16.F.2. authority to disclose, distribute, sell and otherwise use any data prepared under this Agreement. Neither the AGENCY nor any approved subcontractor shall have any proprietary interest in the materials developed under this Agreement. There shall be no additional compensation for the right and property granted under this paragraph. SECTION 9. DISSEMINATION OF INFORMATION. Any data, reports, information, etc., given to, prepared or assembled for or by the AGENCY under this Agreement which the COUNTY requests be kept as proprietary shall not be made available to any individual or organization without the prior written approval of the COUNTY, except to comply with Chapter 119, Florida Statutes. SECTION 10. AUTHORIZED REPRESENTATIVES. The parties agree that in order to facilitate the orderly and efficient implementation of the Scope of Services and the work contemplated by this Agreement, each party shall appoint an authorized representative (or representatives) for such party. The COUNTY'S representative shall have the authority to transmit instructions, receive information, and interpret and define the County's policies and decisions pertinent to the work covered by this Agreement. The parties understand and agree that only the Board of County Commissioners has the authority to approve changes or modifications to this Agreement on behalf of the County. The AGENCY'S representative shall be authorized to act on behalf of AGENCY regarding all matters involving the conduct of its performance under this Agreement. The initial representatives shall be Rob Varley, Brevard County Office of Tourism Director, for the 8 Packet Page -921- 2/23/2016 16.F.2. COUNTY; and Michael DeMas, President, for the AGENCY. Either party shall have the right to change its authorized representative or representatives, or to add additional representatives, from time to time, throughout the term hereof, by giving written notice to the other party hereto in accordance with the notice provisions of this Agreement. SECTION 11. INDEMNIFICATION. a. Claims, Liabilities or Damages. The AGENCY shall indemnify and hold the COUNTY harmless from and against: 1) Any and all claims, liabilities, or damages arising from contracts between the AGENCY and third parties made pursuant to this Agreement, including the cost of litigation and counsel fees. 2) Any and all claims, liabilities, or damages arising from the preparation or presentation of any programs covered by this Agreement, including the cost of litigation and counsel fees. 3) No provision of this Agreement shall be construed as a waiver by the COUNTY of any right, defense or claim which the COUNTY may have in any litigation arising under this Agreement. Nor shall any Agreement provision be construed as a waiver by Brevard County of any right to initiate litigation. SECTION 12. INSURANCE. The AGENCY shall at its own cost and expense during the term of this Agreement, continuously maintain in force a policy of insurance for general liability and auto liability insurance covering its operations under this contract and naming the COUNTY as an additional insured. 9 Packet Page -922- 2/23/2016 16.F.2. Said insurance policies shall be written by a company or companies licensed to do business in the State of Florida, and deemed satisfactory to the COUNTY. A certificate or certificates evidencing the maintenance of said insurance shall be furnished to the COUNTY within five (5) days of execution of this Agreement, and shall provide that the insurance evidenced by the certificate should not be canceled or reduced, except after thirty (30) days from receipt by the COUNTY of prior written notice thereof. SECTION 13. TERMINATION. a. Termination. Either party may terminate this Agreement by giving the other party written notice at least ninety (90) days prior to the effective date of termination. Upon receipt of written notice of termination, the AGENCY shall provide only those services and incur only those expenses specifically approved or directed in writing by the COUNTY. All other rights and duties of the parties shall continue during such notice period, and the COUNTY shall be responsible to the AGENCY for payment of any contract obligation incurred with third parties during this period only if approved in advance in writing by the COUNTY. b. Termination for Breach. This Agreement may be terminated with ten (10) days written notice by the COUNTY for cause upon failure of the AGENCY to materially perform pursuant to any of the provisions or requirements set forth herein. Delivery of notice shall be made, in the event of such termination, to the AGENCY at the address indicated above. 10 Packet Page -923- 2/23/2016 16.F.2. c. Termination Billings. Upon termination of this Agreement the AGENCY shall bill the COUNTY for all amounts not previously billed and due the AGENCY at that time. The AGENCY shall be entitled to payment for service during the termination period only if said services or placements are approved in writing by the COUNTY after receipt of the notice or, with the express written consent of the COUNTY, for services approved prior to the effective date of termination. d. in the event Brevard County Ordinance No. 102-116 through 102-123 (Tourist Development Tax) and its subsequent amendments is repealed or expires, as provided by law, this Agreement shall be deemed to terminate automatically upon the effective date of said repeal or expiration. SECTION 14. NOTICES. Any notices required or permitted by this Agreement shall be in writing and shall be deemed delivered upon hand delivery, or three (3) days following deposit in the United States postal system, postage prepaid, return receipt requested, addressed to the parties at the following addresses: FOR COUNTY Rob Varley, Executive Director Tourism Development Office 430 Brevard Ave.Suite 150 Cocoa, FL 32922 FOR AGENCY Michael R. DeMas, President 12290 Treeline Ave. Ft. Myers, FL 33913 11 Packet Page -924- 2/23/2016 16.F.2. SECTION 15. MODIFICATION. This writing contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth. No agent, employee, or other representative of either party is empowered to alter the teuus of this Agreement, unless done in writing and signed by an Executive Officer of the AGENCY and the Executive Director for the TDC, or other designe e. SECTION 16. APPLICABLE LAW. This agreement shall be governed, interpreted and construed according to the laws of Florida. Venue for any legal action by any party to this Agreement to interpret, construe or enforce this Agreement shall be in a County of competent jurisdiction in and for Brevard County,Florida and any trial shall be non-jury. SECTION 17. WAIVER. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. SECTION 18. AVAILABILITY OF RECORDS. The AGENCY shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. The AGENCY agrees that the COUNTY'S or any of their duly authorized representatives shall, until expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine any pertinent books, documents, papers, and records of the 12 Packet Page -925- 2/23/2016 16.F.2. AGENCY involving transactions related to this Agreement. In the event that such audit is in progress at the expiration of the aforementioned three (3) year period, access to and right to examine will continue until completion of such audit. The COUNTY may cancel this Agreement for refusal by the AGENCY to allow public access to all COUNTY materials, files, records, documents, papers, letters, or other material pertaining to work performed under this Agreement and subject to the provisions of the Florida Statutes. SECTION 19. CHANGE IN OWNERSHIP. The AGENCY shall notify the COUNTY within ten (10) days of execution of any changes in ownership that alters more than twenty-five(25) percent of the ownership of the agency. SECTION 20. INTEREST OF MEMBERS OF COUNTY AND OTHERS. No officers, members, employees of the COUNTY, no member of its governing body, no other public official of the governing body of the locality or localities in which services for the facilities under this Agreement are to be carried out, who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, shall participate in any decision relating to this Agreement which affects their personal interest, or have any personal interest, direct or indirect, in this Agreement or the proceeds thereof. SECTION 21. INDEPENDENT CONTRACTOR. It is hereby mutually agreed that the AGENCY is and shall remain an independent contractor and is not an employee or agent of the COUNTY. The 13 Packet Page -926- 2/23/2016 16.F.2. AGENCY shall procure, pay for, and maintain Workers' Compensation insurance in an amount as required by law. SECTION 22. EQUAL OPPORTUNITY EMPLOYMENT. During the performance of this Agreement, the AGENCY agrees as follows: a. The AGENCY shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, or age. The AGENCY shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, nation origin, sex, or age. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The AGENCY agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. h. The AGENCY shall, in all solicitations or advertisements for employees placed by or on behalf of contractor, state that all qualified applicants shall receive consideration for employment without regard to race, religion, color, national origin, sex or age. 14 Packet Page -927- 2/23/2016 16.F.2. SECTION 23. ASSIGNMENT. The COUNTY and the AGENCY each bind itself and its successors, legal representatives, and assigns to the other party to this Agreement, and to the partners, successors, legal representatives, and assigns of such other party, and in respect to all covenants of this Agreement; and neither the COUNTY nor the AGENCY shall assign nor transfer their interest in this Agreement without the prior written consent of the other party. SECTION 24. CLAIMS FOR SERVICES. No claim for services rendered by AGENCY not specifically provided for in this Agreement will be honored by the County. SECTION 25. SEVERABILITY. If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 26. COMPLIANCE WITH LAWS. The AGENCY agrees to comply with all applicable federal, state and local laws, Hales and regulations during the course of this Agreement. 15 Packet Page -928- 2/23/2016 16.F.2. SECTION 27. PUBLIC ENTITY CRIMES. The AGENCY hereby agrees to comply with the requirements of Section 287.132 (3) (d), Florida Statutes,by fully executing the "Public Entity Crime Affidavit" which is attached hereto as"Exhibit C", and incorporated herein by this reference. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed this day of , 2013. BOARD OF COUNTY CO ISSIONERS OF BREVARD COUNTY,F • c IDA By: oward Tipton, ou y Manager PHASE V OF SOUTHWEST FLORIDA,INC. Michael DeMas,President STATE OF FLORIDA, COUNTY OF BREVARD I certify that MiChCaG{ 2.. DGMQ.S , personally appeared before me and executed the foregoing instrument as president of PHASE V OF SOUTHWEST FLORIDA, INC, on behalf of said corporation. Witness my hand and seal this I S3 day of Apri 1 , 2013. r'tr AMBER E KO6TURA MY()MI1SSIONNDD889668 .lam!"Yl t�1C.f V11 "1 t/2 Dc My Commission Expires: ',8 r+!NE yP�ttur aen NOTARY PUBLIC Reviewed for legal form and content: /� f�!.1r/► 1. (-Assistant)County Attorney 16 Packet Page -929- 2/23/2016 16.F.2. -EXHIBIT "A" SCOPE OF SERVICES FULFILLMENT&PHONE ANSWERING SERVICES Vendor shall enter all visitor information requests into a computer database. Preferred programs include Microsoft Excel, Access and other programs such as ASCII and CSV. Vendor must have a thorough knowledge of uploading and downloading via the Internet. We expect that the vast majority of information requests will be received via email in Excel, CSV or text files. In fact, we will work with the TDC's publications to convert manual requests to electronic ones. We have built an MS Access program to import these files directly into our D Base 5 database. New files in different forms require writing of Access queries to convert them for import. The imports will include all fields required by the TDC. Emails will be checked frequently enough to meet the TDC's mailing schedule. All files received will be compared to the TDC's media plan to insure we are receiving the correct files and are properly categorizing them. Files too small (normally less than 50 records) and paper requests will be logged and manually data entered using the database script described above. We have an .ftp site for publications who want to upload request files to that site. Or we can download files from a publication's .ftp site. The MS Access program de-dupes records by publication/issue and has a weekly report of files entered with the time required to import them and to manually data enter requests as an internal control. In addition we use specialized mailing software— Smart Addresser - to CASS validate all addresses against the USPS's database of valid addresses. Duplicate and invalid records are not entered into your data base. If there are an excessive number of duplicates or invalid addresses (more than 1%) we contact the originating publication to determine the cause of the problem. tit Our databases are maintained on a Windows 2006 server with Raid 5 arrays for redundancy. They are backed up nightly to an external hard disk. A disk is stored off-site weekly. These backup methods insure that the data will not be compromised. Procedure: Fulfillment information usually includes the name, company name(if Travel Agency), address, phone & fax numbers, email address and source code of the potential visitor. Source code refers to where the consumer saw our ad or how they found our phone number or website. Requests will be sent directly to the awarded vendor via email from the publications in which the TDC advertises. Two databases need to be maintained: one for consumers and one for travel agents. We analyze all records received and import all valid fields in the records. We add the source information in 3 fields - market niche, publication and issue - to categorize the records correctly according to your media plan. When demographic information is included, we import it to able to provide demographic reports. All of your records are maintained in a relational D Base 5 Phase V of Southwest Florida, Inc. Tab 4—Page 1 Packet Page -930- t,1. __ . ____. __ -EXHIBIT "A" SCOPE OF SERVICES 2/23/2016 16.F.2. .: FULFILLMENT& PHONE ANSWERING SERVICES database. Different types of records are segregated by field information (consumer/travel agent, etc.). This allows us to provide a variety of reports for your full database. On occasion, Special Requests for collateral materials will be made to the TDC through ;,., different channels than those noted above.These Special Requests will be handled on a case .- by case basis. These may include mailings of large quantities of TDC materials or re-order '* requests from travel agencies. The awarded vendor would count, package and mail or ship these items accordingly. We are very familiar with handling special mailing/shipping requests for the TDC. These 1 r, include shipping materials to trade shows both in the US and overseas, making up and shipping PP� g � g F PP g media packages, special shipments to key travel agents and shipping to visitor centers among 1. others. We coordinate with the TDC's designated contact for these shipments and provide 1, regular feedback on status. ri Periodically, the TDC may require the awarded vendor to do a computer port of the 1, databases for special mailings. Fulfillment requests would be pulled using zip code, date of N inquiry, city,state, source code or any combination of these. 1° ' Phase V can export information requests sorting upon any fields as required by the TDC, normally with a response time of one day or less. In addition we can provide a variety of market research reports, such as counts by CBSA (including cluster maps, etc.), publication, etc. We utilize Crystal reports, which allows sophisticated reports to be created from your active • database. Vendor shall provide live telephone answering by trained representatives, seven (7) r days/week, minimum eighteen (J8) hours/day; provide live interactive chat capabilities { = through TDC website, seven (7) days/week, minimum eighteen (18) hours/day; obtain required information from caller including, but not limited to name, address, sources: and capture this information to compile into the databases; deliver the caller information and requests to the fulfillment house daily via the best electronic means available. The goal is to ;' allow the fulfillment house to process all request within twenty-four (24) hours of receipt of : data (not including weekends). i Phase V's contact center is open 24 hours a day, 7 days a week. Representatives are fully trained to handle the Brevard TDC's calls on every shift. Our representatives also are trained to handle Interactive Text Chat on a 24/7 basis. , Phase V has developed a full database customized to the Brevard TDC's needs and our representatives have a script interface to the database for entry of call information. Data are gathered by the representatives as they enter data fields specified by the TDC. The database is ` maintained on fully redundant RAID disk array drives. It is backed up to external hard drives fa Phase V of Southwest Florida, Inc. Tab 4—Page 2 IS Packet Page -931- 2/23/2016 16.F.2. -EXHIBIT "A" SCOPE OF SERVICES FULFILLMENT &PHONE ANSWERTiG SERVICES daily. Hard drives are stored off-site weekly and monthly. The TDC has access to the database at any time. Phase V presently fulfills requests on a twice weekly basis to take advantage of volume based postage rates. This can be changed to daily if desired. Short term requests (planning to visit in less than 1 month) or urgent requests are fulfilled daily via first class. Provide accurate and informative answers to "most frequently asked" questions about the various attractions, events, cruise lines or other features of Brevard County. This information may be updated on a weekly and/or monthly basis. Phase V maintains responses to frequently asked questions in an electronic help desk for quick access by our representatives. "Canned responses" are maintained to handle frequently asked questions to Interactive Text Chats. Both of these are updated as needed and are reviewed at least monthly. Our representatives also have immediate access to the TDC's website and the various Space Coast attractions'websites. Have the ability to transfer callers to TDC Staff and,if needed,to any of the approximately 190 hotels, motels, campgrounds and condominium/apartment complexes listed in the Vacation Planner. This is especially important during Hurricane Season when the TDC supports the Brevard County Emergency Operations Center. Phase V can hook/flash transfer calls to the TDC staff or any attractions with speed dialing as specified by the TDC staff. We provide a variety of services for our TDC clients in the event of an emergency- calling and maintaining a database of accommodations availability, handling off- hours emergency center calls,maintaining an emergency information hot line, etc. Provide additional toll-free numbers upon demand for special projects, advertising campaigns, events and Hurricane Season. We maintain a group of spare easily remembered toll-free numbers (usually 5) for immediate assignment upon request. Larger numbers of toll-free numbers (more than 5, normally) are ordered from our long distance carrier and can be activated in 48 business hours. Develop a close working relationship with the TDC staff and advertising agency to assure the best possible response and tracking of information. When we receive the media buy plan from the TDC and advertising agency (normally annually plus any updates), we review it completely. We then meet with the TDC staff and advertising agency to clear up any questions. The source information is then programmed into our data import routines and representative user interface. We also develop "media tracking" software. This software provides bring-ups for all scheduled ad placements. If we do not receive any requests according to the schedule, we contact the publication to determine if there is a problem. Phase V of Southwest Florida,Inc. Tab 4 —Page 3 I ` Packet Page -932- 2/23/2016 16.F.2. -EXHIBIT "A" SCOPE OF SERVICES FULFILLMENT& PHONE ANSWERING SERVICES In addition, if any requests are received whose sources do not match the media buy, we contact the publication directly to question it. Final resolution is with the TDC staff. Whenever changes to the media buy are made, we program them and train our representatives immediately. It will be necessary for the TDC Staff to have access to the TDC database via computer modem. The vendor will provide suggestions as to the hardware and software needed to make such access possible while preserving the security and integrity of the system. Access to your D Base 5 database is normally through MS Access or Crystal reports. The TDC staff would be able to use any of their existing PCs with any Windows operating system and Internet access. Windows has Remote Desktop software. In addition, either MS Access or Crystal reports software is needed. We would set up a secure, password protected access to your 1 database through Remote Desktop. If you use MS Access, our IT people would make that access "read only" so you can write queries to pull any data from the database. Crystal Reports requires report writing knowledge. Presently all of our clients utilize our Crystal Reports expertise to produce any reports necessary. The awarded vendor shall provide air-conditioned storage space for the TDC collateral materials including brochures and envelopes. Space for up to 10 pallets is required. 24- hour access to this space by the TDC contact person is also required. Fulfillment center staff may be asked to accept deliveries by prior arrangement and use reasonable care to insure integrity of delivery by counting boxes, verifying the amount and signing the delivery slip. All materials are the possession of the TDC and may be removed at will by TDC Staff. Removal of materials by other agencies will require prior approval from Staff. Our warehouse is fully air conditioned. Since we are open 24/7, access for the TDC staff is available at any time. Off-hours access should be pre-arranged. When shipments of inventory are received, we count the number of boxes by product. We then fill in our own record sheet before accepting the shipment (bill of lading signature). New shipments are then entered into inventory records. Inventory is hand-counted monthly and reconciled. Inventory reports (amount used and amount remaining and number of pallets by product) will be provided to the TDC monthly. We will alert the IOC if inventory of any product is low. Any of the TDC's products will only be released to TDC staff. The awarded vendor must have knowledge of current requirements and procedures of the USPS in regards to the different types of mail, including Regular Standard Presort, Package Service and Bulk Rate mailings. Labor will include assembly of the fulfillment packets, sealing the envelope, labeling, sorting, preparing for mailing and delivery to the USPS. Phase V is located 2 miles from the USPS's sectional center Business Mail Entry Unit (BMEU). We keep up-to-date knowledge about USPS requirements through access to the USPS's Domestic Mail Manuals (paper and on-line), membership in the USPS's local customer service Phase V of Southwest Florida,Inc. Tab 4—Page 4 z„.0 Packet Page -933- 2/23/2016 16.F.2. __ -EXHIBIT "A" SCOPE OF SERVICES FULFILLMENT &PHONE ANSWERING SERVICES group and constant contact with the BMEU staff. Since we are a full direct mail center, we have gained the expertise in all aspects of USPS and other carrier requirements and regulations. This expertise allows us to advise our clients on changes in USPS regulations, such as address block locations, etc. The TDC will provide all collateral materials including the envelope that make up the packets. The current envelope measures 9" X 12". There are two types of packets: Consumer and Travel Agent. The consumer packet currently consists of the annual Space Coast Vacation Planner(6" X 9") and the Port Canaveral Cruises rack card (4" X 9"). The Travel Agent packet currently consists of the Vacation Planner, TDC Snooze & Cruise brochure (4" X 9" ) and the Port's Cruise Guide (8 112" X 11"). The TDC may add or subtract items from these packets. Please see the sample packets provided with this RFP. ri Due to the multiple sizes of the TDC's materials and their looseness in the envelope; we insert all your materials by hand. We direct imprint the address, delivery bar code and indicia on the envelope before mailing. We recommend that the TDC purchase peel and stick envelopes when envelopes have to be re-ordered. Since we have ordered the envelopes for the TDC (bid process with prior approval of the bid chosen provided by the TDC), we are able to provide full quality control of the envelopes at reasonable cost. Mail processing will include strapping in bundles, placing in sorted and tagged bins and delivering the shipment to the BMEU. The TDC receives international requests (+ or — 50/month). These packets would, require First Class postage. The TDC will provide funds periodically to the awarded vendor to cover these costs. Each month the vendor will provide a breakdown of these First Class costs. For international mailings, we combine mailings from all our clients to take advantages of the J USPS's International Surface Air Lift (ISAL) rates. These are much more cost effective than regular first class rates. We also can ship quantities of Vacation Planners and other material on a bulk basis for trade shows. Presently we fulfill Canadian requests for people who intend to visit in less than 30 days via first class. All other international shipments are via ISAL. On a monthly basis, we provide complete breakdowns (volumes and costs) of mailing costs by date, by method of mailing (presort standard, bound printed matter, first class, ISAL, UPS and common carrier). We also include the USPS certifications, first class meter receipts and carrier invoices. The awarded vendor must be able to produce monthly reports and monthly year-to-date reports of fulfillment packets mailed by source, state, CBSA, country; provide a monthly report of inventory of TDC materials on hand. We provide a variety of monthly reports including summaries of requests by source (magazine, J newspaper, website, etc.) and by specific issue, by state, by country, by CBSA, etc. We also Phase V of Southwest Florida,Inc. Tab 4—Page s Packet Page -934- 2/23/2016 16.F.2. EXHIBIT"B" SERVICE CHARGES AND FEES 1. DATA ENTRY a. Entry of all requests onto computer disk $ 0.35/entry b. Computer sort by source requested by IDC $85.00/hour 2. MATERIAL STORAGE a. Storage space for envelopes and other material (on-site, a/c) $20/pallet 3. LABOR a. Assembly of regular fulfillment kit $ 0.18 kit $.02 per insert for additional inserts b. Prepare and box large quantities of materials as Special Orders $ 6.00/box 4. ANSERING PHONE CALLS a. Handle visitor inquiry phone calls through TDC's toll- free 800 telephone number(s): $0.96/min. *Toll-Free or DID base fee (Toll-free usage billed at cost) $5.00/number b. Transfer of caller to any of the 190 accommodations: $ .10/call c. Handle interactive web chat through TDC's website $ .96/minute *Web-chat software license fee: $50.00/month 5. *E-Blasts—as requested $85/hour for set up $0.02/record for e-blasts<10,000 records $0.008/record for e-blasts>10,000 records $0.20/reject record for correction of rejects *Additional Items 22 Packet Page -935- 2/23/2016 16.F.2. PUBLIC'. ENTITY CRIME AF FIDA vTI T EXHIBIT "C" STATE OF FLORIDA COUNTY OF BREVARD B ORE ME, t e undersi: ed authority, personally appeared �`/ �� • Go-wrrne,,or who produced as identification and who,being by me first duly sworn, under oath,make the following statement: 1. The business address of Phase V of Southwest Florida,Inc. is 12290 Treeline Avenue, Ft. Myers, FL 33913. 2. My relationship to Phase V is (relationship as sole proprietor, partner, president, vice president). 3. I understand that public entity crime as defined in Section 287.133 of the Florida Statues, includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity on Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 4. I understand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record related to changes brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 5. I understand that "affiliate" defined by the statute to mean(1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or(2)an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or(3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. 23 Packet Page -936- 2/23/2016 16.F.2. 6. Neither the bidder or contractor nor any officer,director, executive, partner, shareholder, employee, member or agent who is active in the management of the bidder or contractor nor any affiliated of the bidder or contractor has been convicted of a public entity crime subsequent to July 1, 1989 (Draw a line through paragraph 6 if paragraph 7 below applies) 7. There has been a conviction of a public entity crime by the bidder • contractor,or an officer, director, executive, partner shareho • - ,employee, member or agent of the bidder or contractor who is acs e in the management of the bidder or contractor or an a ate of the bidder it contractor. A determination has been ma.• .ursuant to section 287.133(3)by order of the division of Administra ' e Hearings that it is not in the public interest for the name of the c•- icted person or affiliate to appear on the convicted vendor list. r e name of the convicted person or affiliate is A cop the order of the Division of Administrative Hearings is attached to •• statement. (Draw a line through paragraph 7 if paragra h 6 above applies) Sworn to and subscribed before me in the state and county first mentioned above on the l5*' day of Apn i , 2013. a-frl c LA -v --�-- NOTARY/PUBLIC 01.1 MISER E KOSTURA :. !!. i+ MY COMMISSION t OD 889688 {l-Nn ,; E, ' `= EXPIRES:August 1,2013 Pf Tw.' Bonded Thnu Notary Public Undmvittero Notary Name (typed, printed, or stamped) off cc. M(AA ergot Title or Rank 24 Packet Page -937- MANATEE COUNTY GOVERNMENT 2/23/2016 16.F.2. SOURCE SELECTION SUBJECT Professional Tourism inquiry DATE POSTED Date Posted on and Fulfillment Services i r l Mymanatee.org PURCHASING DATE CONTRACT To Be Determined After REPRESENTATIVE Dennis W. Wallace Iv"' SHALL BE AWARDED Negotiations Financial Management CONSEQUENCES IF DEPARTMENT DEFERRED N/A Purchasing Division Request for Proposal No, t t-1067DW R C 'Rob'Cuth C.P.M.,CPPO SOURCE AUTHORIZED BY RECOMMENDATION DATE June 29, 2011-' ACTION DESIRED Authorization to enter into negotiations with the sole respondent, Phase V of Southwest Florida, Inc., Fort Myers, Florida, to provide Tourism Inquiry and Fulfillment Services on an annual basis. ENABLING/REGULATING AUTHORITY FederaUStato law(s),administrative ruling(s),Manatee County Comp PisMLand Development Code,ordinances,resolutions,policy.) Manatee County Code of Law, Chapter 2-26 Manatee County Purchasing Ordinance, Section 2-26-40 and the Standards and Procedures approved by the County Administrator. BACKGROUND/DISCUSSION the County competitive') solicited a Request for Proposal ("RiP"i No. I I-1067-I)W seeking the best qualified organization to provide Professional Tourism Inquiry and Fulfillment Services on an annual basis for a period of four(4) years with the objective to increase tourism in the Count) by providing potential y slurs with content rich.reliable information with easy-to-use travel planning tools that will encourage visitation and longer stays, The Ru'was broadcast wi;t DetnandSiar to 386 organizations who provide this service as well/Is advertised in the Bradenton I Jerald and posted on the County's y�ebsite and provided to the Manatee County Chamber of Commerce for release to its member. The sole proposal from Phase V of Southwest Florida. Inc. was deemed responsive and responsible to the RFT. ibeir proposal includes operating a call center and fulfillment system providing live operator inquiry service through the 13ACVB's toll free telephone numbers and website as well as receive inquiries directly from RACVU advertiser publications in addition to handling mail services fur fonts and information al brochures. Authorization to enter into negotiations with Phase V of Southwest Florida, Fort Myers, SUMMARY Florida to provide Tourism Inquiry and Fulfillment Services. ATTACHMENTS: (List in order as attached) INSTRUCTIONS TO BOARD RECORDS: NA COST 5100,000.00!annually SOURCE (ACCT#&NAME) Tourism and Bed Tax AMT./FREQ.OF RECURRING COSTS (ATTACH FISCAL IMPACT COMMENTS N/A STATEMENT) N/A Packet Page -938- 2/23/2016 16.F.2. REQUEST FOR PROPOSAL #11-1067-DW PROFESSIONAL TOURISM INQUIRY AND FULFILLMENT SERVICES Manatee County, a political subdivision of the State of Florida, (hereinafter "Manatee County" or the "County") will receive proposals from individuals, corporations, partnerships, and other business entities authorized to do business in the State of Florida, for the purpose of providing Professional Tourism Inquiry and Fulfillment Services on an Annual Basis. DEADLINE FOR CLARIFICATION REQUESTS: MAY 12,2011 at 5:00 PM shall be the deadline to submit all inquiries, suggestions, or requests concerning interpretation, clarification or additional information pertaining to this Request for Proposal to the Manatee County Purchasing Office. This deadline has been established to maintain fair treatment for all potential bidders or proposers, while ensuring an expeditious transition to a final agreement. TIME AND DATE DUE: Proposals will be received until 2:30 PM on MAY 19, 2011, at which time they will be publicly opened. All interested parties are invited to attend this opening. CONTENTS OF THIS REQUEST FOR PROPOSAL: Section A: Information to Proposers pages 2-8 Section B: Form of Proposal pages 9-13 Section C: Selection page 14 Section D:Negotiation of the Agreement page 15 Section E: Scope of Services pages 16-21 Proposal Signature Form page 22 Public Contracting/Environmental Crimes Certification Attachment A Drug Free Work Place Certification Attachment B Important Note: A prohibition of Lobbying is in place. Please review paragraph A.17 carefully to avoid violation and possible sanctions. FOR INFORMATION CONTACT: Dennis W. Wallace, Contract Negotiator PHONE(941) 749-3039 FAX (941) 749-3034 Email: dennis.wallace @mymanatee.org Manatee County Financial Management Department Purchasing Division AUTHORIZED FOR RELEASE: RFP No.l I-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page-939- 2/23/2016 16.F.2. REQUEST FOR PROPOSAL#11-1057-DW PROFESSIONAL TOURISM INQUIRY AND FULFILLMENT SERVICES SECTION A: INFORMATION TO PROPOSERS PROPOSERS MUST COMPLY WITH THE FOLLOWING INSTRUCTIONS TO BE CONSIDERED FOR SELECTION: A.01 OPENING LOCATION Proposals will be publicly opened at Manatee County Purchasing, 1112 Manatee Avenue West, 8th Floor, Suite 803, Bradenton, Florida 34205 in the presence of County officials at the time and date stated on the cover sheet. All Proposers or their representatives are invited to attend. A.02 PROPOSAL INFORMATION AND PROPOSAL DOCUMENTS Bids and Proposals on http://www.mymanatee.org Bid or Proposal documents and the Notices of Source Selection related to those Bids or Proposals are available for download in a portable document format (.PDF) file on the Manatee County web page on the Purchasing tab under "Bids and Proposals". You may view and print these files using Adobe Acrobat software. You may download a free copy of this software(Adobe) from the County's web page if you do not have it. Manatee County collaborates with the Manatee Chamber of Commerce on distributing solicitations using the RFP Tool web page on the Chambers website: http://www.Manateechamber.com to post Bid and Proposal documents in a portable document format (.PDF) file. This step is in addition to the posting on Manatee County Government web pages. Note: The County posts the Notice of Source Selection seven (7) calendar days prior to COMMENCING NEGOTIATIONS with the selected firms. IT IS THE RESPONSIBILITY OF EACH PROPOSER, PRIOR TO SUBMITTING THEIR PROPOSAL, TO CONTACT THE MANATEE COUNTY PURCHASING OFFICE (see contact information on page one of this document) TO DETERMINE IF ADDENDA WERE ISSUED AND TO MAKE SUCH ADDENDA A PART OF THEIR PROPOSAL. 2 RFP No.11-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -940- 2/23/2016 16.F.2. Section A:Information to Proposers—continued A.03 REQUIREMENTS FOR FORMAT AND DELIVERY OF PROPOSALS Any proposals received after the stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their proposal delivered to the Manatee County Purchasing office for receipt on or before the stated time and date. If a proposal is sent by U.S. Mail, the Proposer shall be responsible for its timely delivery to the Purchasing Office. Proposals delayed by mail shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. Proposals must be submitted in the format specified in Section B hereof. The contents of each proposal shall be separated and arranged with tabs in the same order as listed in the Subsections within Section B identifying the response to each specific item thereby facilitating expedient review of all responses. A.04 CLARIFICATION & ADDENDA Each Proposer shall examine all Request for Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the Request for Proposal shall be made in writing through the Manatee County Purchasing Office. The County shall not be responsible for oral interpretations given by any County employee, representative, or agent. The issuance of a written addendum by the Purchasing Official's Office is the only official method whereby interpretation, clarification or additional information can be given. Addenda shall be posted on http://www.mymanatee.org It shall be the responsibility of each Proposer, prior to submitting their proposal, to contact the Manatee County Purchasing Office at (941) 748-4501, ext. 3039 to determine if addenda were issued and to make such addenda a part of the proposal. Deadline for Clarification Requests: May 12, 2011 at 5:00 PM shall be the deadline to submit all inquiries, suggestions, or requests concerning interpretation, clarification or additional information pertaining to this Request for Proposal to the Manatee County Purchasing Office. This deadline has been established to maintain fair treatment for all potential Proposers while ensuring an expeditious transition to a final agreement. 3 RFP No.11-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page-941- 2/23/2016 16.F.2. Section A:Information To Proposers—continued A.05 SEALED & MARKED One signed Original (please mark the original) and Five (5) copies of your proposal shall be submitted in one sealed package, clearly marked on the outside "Sealed Proposal#11- 1067-DW" and addressed to: Manatee County Purchasing 1112 Manatee Avenue West, Suite 803 Bradenton, FL 34205 A.06 LEGAL NAME Proposals shall clearly indicate the legal name, address, email and telephone number of the proposer (company, firm, partnership, individual). Proposals shall be signed above the typed or printed name and title of the signer. The signer must have the authority to bind the Proposer to the submitted proposal. A.07 PROPOSAL EXPENSES All expenses for making proposals to the County are to be borne by the Proposer. A.08 EXAMINATION OF PROPOSAL The examination of the proposal and the Proposer generally requires a period of not less than ninety (90) calendar days from the date of the opening of the proposals. A.09 DISCLOSURE Proposals become "Public Records" ten (10) days after the proposal opening or if an award decision is made earlier than this time as provided by Florida Statute 119.071 (1) (b). No review of the proposal documents shall be conducted at the public opening of the proposals. Manatee County will make public at the opening, the names of the business entities that submitted an offer and any amount presented as offers without any verification of the mathematics or the completeness of the offer. A.10 ERRORS OR OMISSIONS Once a proposal is submitted, the County shall not accept any request by any Proposer to correct errors or omissions in the proposal. 4 RFP No.l I-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -942- 2/23/2016 16.F.2. Section A:Information To Proposers—continued A.11 RESERVED RIGHTS The County reserves the right to accept or reject any and/or all proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response received by the first submission date may or may not be rejected by the County, depending on available competition and timely needs of the County. The County reserves the right to award the contract to a responsible Proposer submitting a responsive proposal, with a resulting negotiated agreement which is most advantageous and in the best interests of the County. The County shall be the sole judge of the proposal, and the resulting negotiated agreement that is in its best interest and its decision shall be final. Also, the County reserves the right to make such investigation as it deems necessary to determine the ability of any Proposer to perform the work or service requested. Information the County deems necessary to make this determination shall be provided by the Proposer. Such information may include, but shall not be limited to: current financial statements prepared by an independent CPA; verification of availability of equipment and personnel; and past performance records. A.12 APPLICABLE LAWS Proposer must be authorized to transact business in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Manatee County will apply to any resulting agreement. Any involvement with any Manatee County procurement shall be in accordance with Manatee County Code of Laws Chapter 2-26, as amended. Procedures and deadlines concerning protests related to this Request For Proposals shall be those which are set forth in §2-26-61 of the County Code. A.13 CODE OF ETHICS With respect to this proposal, if any Proposer violates or is a party to a violation of the Code of Ethics of Manatee County per Manatee County Code of Laws, Article III, Ethics in Public Contracting, and/or Florida criminal or civil laws related to public procurement including but not limited to Florida Statutes Chapter 112, Part III, Code of Ethics for Public Officers and Employees, such proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work or for goods or services for Manatee County. The County presumes that all statements made and materials submitted in a proposal will be truthful. If a Proposer is determined to be untruthful in its proposal or any related presentation, such Proposer may be disqualified from further consideration regarding this Request for Proposal. 5 RFP No.1 I-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -943- 2/23/2016 16.F.2. Section A:Information To Proposers—continued A.14 COLLUSION By offering a submission to this Request for Proposal the Proposer certifies the Proposer has not divulged to, discussed or compared his proposal with other Proposers and has not colluded with any other Proposer or parties to this proposal whatsoever. Also, the Proposer certifies, and in the case of a joint proposal, each party thereto certifies, as to their own organization that in connection with this proposal: a. any prices and/or data submitted have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices and/or cost data, with any other proposer or with any competitor; b. any prices and/or cost data quoted for this proposal have not been knowingly disclosed by the Proposer prior to the scheduled opening directly or indirectly to any competitor; c. no attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition; d. 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; and, e. no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees. A.15 PUBLIC ENTITY CRIMES In accordance with Section 287.133, Florida Statutes, 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases or 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 Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 6 RFP No.11-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -944- 2/23/2016 16.F.2. Section A.Information To Proposers—continued A.15 PUBLIC ENTITY CRIMES -continued: In addition, Manatee Code of Laws Chapter 2-26 Article V prohibits the award of County contracts to any person or entity who/which has, within the past 5 years, been convicted of, or admitted to in court or sworn to under oath, a public entity crime or of any environmental law that, in the reasonable opinion of the Purchasing Official, establishes reasonable grounds to believe the person or business entity will not conduct business in a reasonable manner. To ensure compliance with the foregoing, the Code requires all persons or entities desiring to contract with the County to execute and file with the Purchasing Official an affidavit, executed under the pain and penalties of perjury, confirming that person, entity, and any person(s) affiliated with the entity, does not have such a record and is therefore eligible to seek and be awarded business with the County. Proposer is to complete Attachment"A" and submit with your proposal. A.16 DRUG FREE WORKPLACE Drug Free Workplace Program: Manatee County has adopted a policy requiring Contractors to maintain a Drug Free Workplace (Resolution R-93-22). Proposers are asked to review the attached Resolution and provide either a certification of compliance with the program outlined in this Resolution or describe your firm's policy or program as it relates to maintaining a drug free workplace. This response will be considered with the other criteria described herein. Proposer is to complete Attachment "B" and submit with your proposal. A.17 LOBBYING After the issuance of any Request For Proposals, prospective Proposers or any agent, representative or person acting at the request of such Proposer shall not contact, communicate with or discuss any matter relating in any way to the Request for Proposal with any officer, agent or employee of Manatee County other than the Purchasing Official or as directed in the Request for Proposal. This prohibition begins with the issuance of any Request for Proposal and ends upon an award of the final contract, when all solicitations have been rejected, or when the request has been canceled. Violators of this prohibition shall be subject to sanctions as provided in the Manatee County Code of Law Chapter 2-26. 7 RFP No.l 1-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -945- 2/23/2016 16.F.2. Section A:Information To Proposers—continued A.18 EQUAL EMPLOYMENT OPPORTUNITY Manatee County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and the Regulations of the Department of Commerce (15 CFR, Part 8) issued pursuant to such Act, hereby notifies all prospective Proposers that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, women or minority business enterprises will be afforded full opportunity to participate in response to this advertisement and will not be discriminated against on the grounds of race, color, creed, sex, age or national origin in consideration for an award. A.19 AMERICANS WITH DISABILITIES ACT The Board of County Commissioners of Manatee County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the County's functions including one's access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation for the public meetings specified herein (i.e. Information Conference or Proposal Opening), should contact the person named on the first page of this document at least twenty four(24) hours in advance of the activity to request accommodations. END SECTION A 8 RFP No.l 1-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -946- 2/23/2016 16.F.2. SECTION B: FORM OF PROPOSAL This section identifies specific evaluation factors which are to be given written responses. The contents of each proposal shall be separated and arranged with tabs in the same order as listed in Sections B.01 through B.04, identifying the response to each specific item. The information that Proposers provide shall be used to determine whether the Proposer has the ability to perform the Scope of Services as stated in this Request for Proposal in a way which best meet the needs of Manatee County. A review with those Proposers reasonably susceptible of being selected for award may be conducted for the purposes of clarification of both ability and benefit to Manatee County. See Section C. Selection. B.01 MINIMUM QUALIFICATIONS Proposals may be presented by a single business entity, a joint venture, or partnership. Prior to any consideration of the responses to the criteria in this Request for Proposal, Proposers are to document in their Proposals they have provided Professional Tourism Inquiry and Fulfillment Services that are similar in complexity and nature for the last three (3) years. To validate experience, expertise and capabilities, Proposers shall provide: A. A copy of Proposer's license; B. The state, county or city where the services were rendered; C. Name of the entity who issued the contracts; D. Contract Administrator for the named contracts. Include telephone and email address information. After Manatee County staff validates the Minimum Qualifications have been met, those Proposals found to be in compliance will be considered. B.02 ADMINISTRATIVE SUBMITTAL a. Proposal Signature Form. b. Public Contracting and Environmental Crimes Certification (Attachment A). c. Drug Free Work Place Certification(Attachment B). B.03 INFORMATION TO BE SUBMITTED REGARDING YOUR BUSINESS ENTITY Tabs are required to identify each item defined in this Section. B.03.1. Provide a description of the proposer's background and size. Provide a general statement of qualifications that includes your firm's professional credentials, the legal status of your organization, and experience in providing the service enumerated in this Request for Proposal. 9 RFP No.I I-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -947- 2/23/2016 16.F.2. Section B:Form of Proposal—continued B.03.2. Provide an explanation of the business entity which you represent. Specify the business entity which would be bound by a contract, should your firm be selected: company or corporation; subcontractor roles; and if a joint venture, include the specific experience that the joint venture partners have working together on similar projects. If the Proposer is a joint venture, or partnership, the details of the responsibilities for provision of the required services must be clearly disclosed. Provide a narrative on how you anticipate the partnerships to manage the work and any prior experience that the individual entities may have had in working together on other projects. Disclose the lead firm of a joint venture. B.03.3. Provide a list, with references, of your business entity's experience with the services described herein. Specify which key personnel were responsible for the contracted services. References given must specify employees in senior level management positions with knowledge of the operations to confirm the claimed details. Include the name of the entity the work was completed for, a description of the services provided, the dates of service and the name(s) and telephone number(s) of the contact persons. This list shall be for both Governmental and Private clients for at least the past three (3) years. B.03.4. Identify each principal of the firm and other "key personnel" who will be professionally associated with the County. Do not include personnel that will not have a key role in providing services. Describe their respective areas of expertise. For each identified person, list: • Full Name • Professional credentials; Title; • Area of expertise, individual's roles and duties in providing services • Office address • Email address • Telephone number • Personalized resumes which identify the qualifications, training and experience of each key personnel. 10 RFP No.l 1-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -948- 2/23/2016 16.F.2. Section B:Form of Proposal-continued B.03.5. Specify the office location of the business entity explained in response to item B.03.2. which is to be the primary location of the principal and key personnel. List the key personnel at that location. For the remaining key personnel detail at what location(s) they will work from and how they will provide management or service or supply support from the locations that they will work from. B.03.6. Disclose any ownership interest in other entities involved in website services which may be a potential participant in this Request for Proposal. This ownership disclosure shall be included, whether such ownership occurs by the Proposer through a parent, subsidiary or holding company or any other form of business entity. Submit entity names and the percent of ownership for each. B.03.7. Submit a narrative explaining the direct economic benefit to Manatee County to be realized by selecting your firm. During the term of this engagement detail the revenue maximizing activities, employment, subcontracting, and support services contracting as economic stimulus that your entity may generate that would directly benefit Manatee County. B.03.8. Submit a manning level statement for these proposed services, detailing how many total employees work for your firm at any one time, including temporary, seasonal and part-time employees. List the ratios of full-time employees to part-time,temporary and seasonal employees. The County will reserve the right to set minimum requirements concerning criminal records of employees which may work with children. B.03.9. Identify any operational areas you intend to use subcontractors. Identify the services and roles that each subcontractor would assume in providing services. B.03.10. Customer Service Commitment Submit a statement of customer service commitment with demonstration of your business entities experience in successfully implementing an effective customer service program. List prior customer service models that you have had direct responsibility for managing and examples of how customer satisfaction feedback was obtained by survey for those specific programs that you managed. B.03.11. Environmental Sustainability Detail what services, products, methods or actions that you propose to use in performing the services described herein that will maximize the ecology friendly or"green" impact of your business entity. II RFP No.l 1-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -949- 2/23/2016 16.F.2. Section B:Form of Proposal—continued B.03.12. Marketing and Advertising Detail your proposed marketing and advertising plans, including methodologies, media to be used, and schedules. The costs of the proposed marketing and advertising are to be shown separately in the projected budget. B.03.13. Submit a detailed Quality Assurance Statement to demonstrate the level of quality that is being proposed will either meet or exceed current quality standards for the work outlined in this Request for Proposal. B.03.14. Provide a list of three (3) call centers that your firm has staffed and operated with particular emphasis in the travel industry. Include the client's address, contact person, address, and telephone number. B.03.15. Provide your firm's current call center operational capacity including the number of full-time and part-time call center staff, current hours of operation, and call volume for the last twelve (12) month period. B.03.16. Describe your firm's staff training for meeting the minimum requirements as outlined in this Request for Proposal. B.03.17. Describe your firm's call tracking system including all data elements, workflow capabilities, and security features that are required to meet the minimum requirements as outlined in this Request for Proposal. B.03.18. Describe your firm's incentive management program. B.03.19. Demonstrate your firm's ability to handle mail services such as foi His and informational brochures. B.03.20. Provide a description of the facilities that your firm will use to provide the services under this Request for Proposal; include all telephone and data lines as well as the address and floor plan layout of the site. B.03.21. Provide your firm's proposed disaster recovery plan describing in detail how services can be resumed within forty-eight(48) hours of a disaster. 12 RFP No.1l-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -950- 2/23/2016 16.F.2. Section B:Form of Proposal—continued B.03.22. Provide a cost proposal that shall be all-inclusive, unless otherwise directed herein, and shall include, but not be limited to, any and all of the costs associated with licenses, fees, permits, bonds, and insurance required to perform the work, and any and all of the costs associated with labor, personnel, supervision, and administration necessary to perform the work, and any and all costs associated with mailing charges necessary to perform the work, and any and all of the costs associated with set-up, interfacing, integration, training, and customer support necessary to perform the work in a professional and efficient manner as described in the Scope of Services. The cost proposal shall include each of the following: (i) A monthly fee inclusive for all tourism inquiry and fulfillment services as described in this Request for Proposal; and, (ii) All necessary labor categories and corresponding labor rates. All hourly rates and fees, charges, costs, and anticipated reimbursable costs shall be clearly stated. B.03.23. Provide sample printouts of reports required in this Request for Proposal. B.03.24. Provide a project plan detailing how your firm would perform and meet the requirements of the Scope of Services and any additional services that may be offered as part of your proposal submission. Provide a transition and set-up plan to show a timetable of the activity required prior to any commencement date. B.03.25. Provide a list of the contracts your firm has obtained within the past three (3) years, indicating the type of services provided and the locations. Provide a list of the contracts your firm has lost in the past three (3) years and state the reason for the loss and the location. B.04 SUPPLEMENTAL INFORMATION Submit any other additional information which would assist the County in the evaluation of your proposal. NOTE: The County reserves the right to make such investigation and solicit additional infoimation or submittals as it deems necessary to determine the ability of any Proposer to perform the Scope of Services stated in this Request for Proposal. END SECTION B 13 RFP No.l 1-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -951- 2/23/2016 16.F.2. SECTION C: SELECTION C.01 EVALUATION FACTORS Evaluation factors are price and demonstrated ability of the Proposer(s) to perform the Scope of Services as generally outlined in Section E of this Request for Proposal in the most timely and efficient manner and the proposal(s) which will provide the best solution to meet the needs of Manatee County as determined from the responses to this Request for Proposal and subsequent investigation. C.02 RELATIVE IMPORTANCE OF EVALUATION FACTORS No weight has been assigned to the Evaluation Factors stated above. C.03 PRELIMINARY RANKING A Selection Committee shall determine from the responses to this Request for Proposal and subsequent investigation as necessary, the proposer(s) most susceptible of being selected for award. C.04 IN-PERSON REVIEW OF PROPOSERS AND PROPOSALS In-person reviews may be conducted with responsible proposers who are deemed reasonably susceptible of being selected for award, for the purposes of assuring full understanding of(a) conformance to the solicitation requirements, (b) the abilities of the proposer, and (c) the proposal submitted. Proposers shall be available for presentations to and interviews with the Selection Committee, upon notification from the Purchasing Office. The date(s) and time(s) of any such presentations/ interviews shall be determined solely by the County. C.05 SELECTION FOR NEGOTIATION The Proposer, whose ability and proposal is determined to be the best proposal that is most advantageous to the County, taking into consideration the Evaluation Factors set forth in this Request for Proposal, shall be selected to negotiate an agreement for the County determined Scope of Services. The selection of a Proposer for negotiation shall not be construed as vesting any contractual or other rights of any nature in the Proposer. C.06 AWARD Award is subject to the successful negotiation and the approval by the Purchasing Official to execute the agreement. END SECTION C 14 RFP No.11-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -952- 2/23/2016 16.F.2. SECTION D: NEGOTIATION OF THE AGREEMENT D.O1 GENERAL The following general terms and conditions apply to the proposal submitted for consideration and the subsequent negotiations: a. The proposal will serve as a basis for negotiating an agreement, but not compel adherence to its terms or conditions. b. Upon submission, all proposals become the property of the County which has the right to use any or all ideas presented in any proposal submitted in response to this Request for Proposal whether or not the proposal is accepted. c. All products and papers produced in the course of this engagement become the property of the County upon termination or completion of the engagement. D.02 AGREEMENT The selected Proposer shall be required to negotiate an agreement in a form and with provisions acceptable to Manatee County. END SECTION D 15 RFP No.1 I-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -953- 2/23/2016 16.F.2. SECTION E: SCOPE OF SERVICES E.01 GENERAL SCOPE OF SERVICES Manatee County is a mid-size Florida county located on the southwest coast and consists of 150 miles of coastline, 741 square miles of land, 311,000 residents, and attracts more than 2 million visitors every year. The Bradenton Area Convention & Visitors Bureau (BACVB), known as Anna Maria Island — Longboat Key on Florida's Gulf Islands, requires Professional Tourism Inquiry and Fulfillment Services on an annual basis for a period of four(4)years. The BACVB, which is funded by the tourism tax levied on overnight stays, also known as the "Bed Tax," plays a vital role in growing the delicate but resilient tourism base in the destination, Manatee County. BACVB works with all partners in the destination, Manatee County, who interact with visitors on a daily level. BACVB is in daily contact with hotels and area attractions to make Manatee County alluring to the visitor to spend their vacation time in County with the ultimate goal of making a positive economic impact. The successful Proposer shall provide live operator inquiry service through the BACVB toll free 800 numbers and website twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days per year. The live operator services shall be provided on a multi-lingual basis to include, at a minimum, English and Spanish. The successful Proposer shall also receive inquiries directly from publications in which BACVB advertises. BACVB is committed to maintaining a premiere tourism destination. The objective shall be to increase tourism in Manatee County by providing potential visitors with content rich, reliable information with easy to use travel planning tools that will encourage visitation and longer stays. E.02 SPECIFIC SCOPE OF SERVICES The successful Proposer shall provide a turn-key, full service operation to include, but not be limited to, staff, work space, equipment, software, telephones, all computer and telephone related lines and cable. The successful Proposer shall be responsible for the installation of the cable/wire at the facility. 16 RFP No.I 1-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -954- 2/23/2016 16.F.2. Section E:Scope of Services—continued The successful Proposer shall perform the following types of service including, but not limited to: • Inbound and Outbound Live Operator services • Service and product information • Scripted information dissemination • Mailing of literature and information requests • Data entry of information • Bilingual service • Voice mail • Email correspondence • Call center overflow capabilities • Handling surveys and questionnaires. The successful Proposer shall have the ability to receive and respond to e-mail messages, text chat sessions, instant messaging, and online forums. The call center system shall be compatible with TTY service for the hearing impaired. The system shall also allow the BACVB access to on-site as well as on-line monitoring of the staff The successful Proposer shall handle mail services such as forms and informational brochures. The successful Proposer shall operate the call center and fulfillment system in accordance with all federal, state, and local laws and regulations. E.02.1. Inquiry Services The successful Proposer shall provide the following services: a. Establish scripts for telephone and data entry as specified and approved by the BACVB. b. Provide toll-free numbers as requested by the BACVB. The toll-free numbers will become the property of the BACVB. All toll-free calls will be routed to the successful Proposer's twenty-four(24) hour call center for telephone response. c. Respond to calls from all toll-free numbers; catalog the source of the call by identifying the toll free number used by querying the caller. d. Respond to callers questions regarding the area, its' accommodations and attractions based upon information provided by the BACVB. e. Record the callers' names, addresses, e-mail addresses, phone number and other demographic information as specified by the BACVB. 17 RFP No.11-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -955- 2/23/2016 16.F.2. Section E:Scone of Services—continued f. Establish the capability to receive the BACVB Visitor Guide requests directly from the publications in which the BACVB advertises. Maintain a relationship with the publications to insure timely and accurate receipt of requests and maximize the number of requests which are received in electronic files. g. Establish an individual email address for inquiries from reader response cards and email inquiries. h. Enter all reader responses, email inquiries, and website leads into the BACVB database. Files will be imported into the database. Text information will be manually entered. All entries will be completed within three (3) business days of receipt. i. Maintain an Interactive Text Chat capability to support the BACVB website (www.AnnaM ari a-Longbo atkey.com). j. Respond to Interactive Text Chat requests within twenty four (24) hours of the request. k. Respond to email questions from the BACVB's website as requested by the BACVB. E.02.2. Quality Assurance Program The successful Proposer shall develop and maintain a customer satisfaction program to include such measures as reliability,prompt service, and customer problem resolution. E.02.3. Incentive Management Program The successful Proposer shall develop and maintain an incentive program to include such goals as call handling efficiency, maintaining a low employee turnover rate, and increasing the caller satisfaction rates. E.02.4. Fulfillment Services The successful Proposer shall provide the following services: a. Establish a fulfillment capability utilizing modern mailing software. b. Establish a BACVB specific mailing indicia. c. Download all BACVB Visitor Guide requests into the successful Proposer's mailing software. 18 RFP No.1 I-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -956- 2/23/2016 16.F.2. Section E.Scope of Services—continued d. Fulfill BACVB Visitor Guide requests a minimum of twice weekly based on volume. Utilize the least costly postage whenever possible, automated presort standard for domestic use, and ISAL for international use. e. Fulfillment includes insertion and sealing or tabbing as necessary, direct imprinting or labeling, banding and traying, and delivering the mail to a local US Postal Facility. International fulfillment requires mailing of BACVB Visitor Guides in an envelope, or best practices established by the USPS. f. Provide a fax broadcast or e-mail blasts as requested by the BACVB. g. Provide miscellaneous fulfillment requests as requested by the BACVB, including postcards mailing and newsletters. h. Maintain at least a ninety (90) day supply of BACVB Visitor Guides and fulfillment materials in air conditioned warehouse space. Report on inventory monthly. E.02.5. Telefax Capability The successful Proposer shall incorporate telefax capabilities as a means to respond to the caller. E.02.6.Staffing The successful Proposer shall provide and adjust staff levels to service the volume of calls as anticipated by BACVB. Staffing shall consist, at a minimum, of the following: Account Manager — shall be the chief point of contact and shall be responsible for managing the BACVB programs on a regular basis by interfacing with internal staff and technical staff to ensure responsiveness and program objectives are met. Supervisor — shall be responsible for, at a minimum, floor supervision, ongoing training, daily monitoring and quality performance. Telephone Personnel—shall be responsible for representing the BACVB by answering its toll free lines, obtaining and providing information regarding BACVB programs and provide quality customer service. Personnel shall possess professional telephone etiquette, voice quality, and interact spontaneously with mental agility and enthusiasm. Shall have the knowledge and skills to respond professionally to a variety of interactions including, but not limited to, e-mail messages, text chat sessions, instant messaging, and online forums. 19 RFP No.1 I-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -957- 2/23/2016 16.F.2. Section E:Scope of Services—continued The successful Proposer's line supervisors shall monitor a minimum of ten percent (10%) of all calls received for quality control. A monthly report of recorded results shall be submitted to the BACVB. E.02.7. Security The Successful Proposer shall establish a secure environment for the processing of all data and information to reduce an information security risk. E.02.8. System Requirements The successful Proposer's call center system shall use commonly acceptable industry- wide compression protocols to transfer all data from the successful Proposer to the BACVB. The system shall support the archiving, retrieval, and purging of all appropriate data. The system shall also prevent the duplication of records. E.02.9. Disaster Recovery The successful Proposer shall have a disaster recovery plan to protect against possible service interruption due to an emergency event. The call center operations shall be up and running within forty-eight(48) hours of the emergency event. The successful Proposer shall have in place process and procedures for restoring service for situations where a reported service interruption cannot be resolved within four (4) hours and for services that cannot be restored within forty-eight (48) hours. Service transfer capabilities and the lag time to implement shall be described for both type of service outage scenario. E.02.10.Transition Plan The successful Proposer shall provide a detailed description of the plan for executing the transition operations from the incumbent contractor to the successful Proposer. E.03 REPORTING REQUIREMENTS The successful Proposer shall provide the following standard monthly reports from data collected from callers and electronic requests: a. Calls by Day — a report showing the number of calls answered for the current month by day, number of complete calls, and number of information calls, total calls, total minutes and average minutes per call. Complete calls are those calls where information received from the caller is saved to the system database. Information calls are calls where caller data was not obtained or stored, beyond call disposition time, and date. 20 RFP No.1 I-1067-DW,Tourism Inquiry R.Fulfillment Services Packet Page -958- 2/23/2016 16.F.2. Section E:Scope of Services—continued b. Calls by Month — a report listing each call received during current month by date, time of day, and length of time in minutes and seconds. c. Hourly Call Summary - a monthly report showing total number of calls received by hour of day broken down by completed calls and information calls. d. Calls by State, Zip Code, or Country Summary — a report showing the total number of calls received by state, zip code, and country for the current month. e. Monthly Report on Key Performance Indicators — a summary report that identifies, at a minimum, call response time, response time in mailing out the Visitor's Guide, and the number of calls that resulted in area bookings in lodging, dining, and other recreational activities. f. Monthly Publication Report — a summary report that identifies where a caller saw the advertisement to call the 800 number or publication from which leads are received. g. Monthly Quality Control Report — a summary of quality control results of the monitoring of telephone personnel. END SECTION E 21 RFP No.11-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -959- 2/23/2016 16.F.2. PROPOSAL SIGNATURE FORM RFP #11-1067—DW Mailing Address: Firm Name Email Telephone Number City, State, Zip Code The undersigned attests to his or her authority to submit this proposal and to bind the firm herein named to perform the services offered in a two party agreement. If the firm is selected by the County the undersigned certifies that he/she will negotiate in good faith to provide the selected services as may determined by the County which are detailed in this Request for Proposal No. l 1-1067-DW. Signature Witness Signature Date: Date: Name and Title of Above Signer Name and Title of Above Signer Name and Title of Firm's Representative for Manatee County Email for Firm's Representative for Manatee County Telephone Number of Finn's Representative for Manatee County 22 RFP No.1 1-1067-DW,Tourism Inquiry&Fulfillment Services Packet Page -960- 2/23/2016 16.F.2. ATTACHMENT"A" PUBLIC CONTRACTING AND ENVIRONMENTAL CRIMES CERTIFICATION SWORN STATEMENT PURSUANT TO ARTICLE 6, MANATEE COUNTY PURCHASING CODE THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to the Manatee County Board of County Commissioners by [print individual's name and title] for [print name of entity submitting sworn statement] whose business address is: and(if applicable)its Federal Employer Identification Number(FEIN)is . If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I understand that no person or entity shall be awarded or receive a county contract for public improvements,procurement of goods or services(including professional services)or a county lease, franchise, concession or management agreement,or shall receive a grant of county monies unless such person or entity has submitted a written certification to the County that it has not: (1) been convicted of bribery or attempting to bribe a public officer or employee of Manatee County, the State of Florida, or any other public entity, including, but not limited to the Government of the United States, any state, or any local government authority in the United States,in that officer's or employee's official capacity;or (2) been convicted of an agreement or collusion among bidders or prospective bidders in restraint of freedom of competition,by agreement to bid a fixed price,or otherwise; or (3) been convicted of a violation of an environmental law that, in the sole opinion of the County's Purchasing Director, reflects negatively upon the ability of the person or entity to conduct business in a responsible manner; or (4)made an admission of guilt of such conduct described in items(I),(2)or(3)above,which is a matter of record, but has not been prosecuted for such conduct,or has made an admission of guilt of such conduct, which is a matter of record, pursuant to formal prosecution. An admission of guilt shall be construed to include a plea of nolo contendere;or (5)where an officer, official, agent or employee of a business entity has been convicted of or has admitted guilt to any of the crimes set forth above on behalf of such and entity and pursuant to the direction or authorization of an official thereof(including the person committing the offense, if he is an official of the business entity),the business shall be chargeable with the conduct herein above set forth. A business entity shall be chargeable with the conduct of an affiliated entity, whether wholly owned,partially owned,or one which has common ownership or a common Board of Directors. For purposes of this Form,business entities are affiliated if,directly or indirectly, one business entity controls or has the power to control another business entity, or if an individual or group of individuals controls or has the power to control both entities. Indicia of control shall include, without limitation, interlocking management or ownership, identity of interests among family members, shared organization of a business entity following the ineligibility of a business entity under this Article, or using substantially the same management, ownership or principles as the ineligible entity. RFP No. 11-1067DW,Tourism Inquiry&Fulfillment Svcs. Packet Page -961- 2/23/2016 16.F.2. Attachment"A"—continued Any person or entity who claims that this Article is inapplicable to him/her/it because a conviction or judgment has been reversed by a court of competent jurisdiction, shall prove the same with documentation satisfactory to the County's Purchasing Director. Upon presentation of such satisfactory proof,the person or entity shall be allowed to contract with the County. I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR MANATEE COUNTY IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERMINATION, OR BOTH,IF THE CONTRACTING OFFICER OR THE COUNTY ADMINISTRATOR DETERMINES THAT SUCH PERSON OR ENTITY HAS MADE FALSE CERTIFICATION. [Signature] STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of ,20 Personally known OR Produced identification [Type of identification] My commission expires Notary Public Signature [Print,type or stamp Commissioned name of Notary Public] Signatory Requirement - In the case of a business entity other than a partnership or a corporation, this affidavit shall be executed by an authorized agent of the entity. In the case of a partnership, this affidavit shall be executed by the general partner(s). In the case of a corporation, this affidavit shall be executed by the corporate president. RFP No. 1 1-1067DW,Tourism Inquiry&Fulfillment Svcs. Packet Page -962- 2/23/2016 16.F.2. ATTACHMENT"B" Drug Free Work Place Certification SWORN STATEMENT PURSUANT TO RESOLUTION R-01-36 SECTION 4,E(1)(a) MANATEE COUNTY PURCHASING POLICIES,ON DRUG FREE WORK PLACES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to the Manatee County Board of County Commissioners by [print individual's name and title] for [print name of entity submitting sworn statement] whose business address is: and(if applicable)its Federal Employer Identification Number(FEIN)is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) I understand that no person or entity shall be awarded or receive a county contract for public improvements, procurement of goods or services (including professional services) or a county lease, franchise, concession or management agreement, or shall receive a grant of county monies unless such person or entity has submitted a written certification to the County that it will provide a drug free work place by: (I) providing a written statement to each employee notifying such employee that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance as defined by §893.02(4), Florida Statutes, as the same may be amended from time to time, in the person's or entity's work place is prohibited specifying the actions that will be taken against employees for violation of such prohibition. Such written statement shall inform employees about: (i) the dangers of drug abuse in the work place; (ii) the person's or entity's policy of maintaining a drug free environment at all its work places, including but not limited to all locations where employees perform any task relating to any portion of such contract,business transaction or grant; (iii) any available drug counseling,rehabilitation,and employee assistance programs;and (iv) the penalties that may be imposed upon employees for drug abuse violations. (2) Requiring the employee to sign a copy of such written statement to acknowledge his or her receipt of same and advice as to the specifics of such policy. Such person or entity shall retain the statements signed by its employees. Such person or entity shall also post in a prominent place at all of its work places a written statement of its policy containing the foregoing elements(i)through(iv). (3) Notifying the employee in the statement required by subsection(1)that as a condition of employment the employee will: (i) abide by the terms of the statement;and (ii) notify the employer of any criminal drug statute conviction for a violation occurring in the work place no later than five(5)days after such a conviction. RFP No.1 I-1067DW,Tourism Inquiry&Fulfillment Svcs. <DRUGFREE.FRM Revised 2/13/06> Packet Page -963- 2/23/2016 16.F.2. Attachment"B"—continued (4) Notifying the County within ten(10)days after receiving notice under subsection(3)from an employee or otherwise receiving actual notice of such conviction. (5) Imposing appropriate personnel action against such employee up to and including termination; or requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. (6) Making a good faith effort to continue to maintain a drug free work place through implementation of sections(1)through(5)stated above. I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR MANATEE COUNTY IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT ANY CONTRACT OR BUSINESS TRANSACTION SHALL PROVIDE FOR SUSPENSION OF PAYMENTS, OR TERMINATION, OR BOTH, IF THE CONTRACTING OFFICER OR THE COUNTY ADMINISTRATOR DETERMINES THAT: (1) Such person or entity has made false certification. (2) Such person or entity violates such certification by failing to carry out the requirements of sections (1),(2),(3),(4),(5), or(6)or Resolution R-01-36 Section 4, E(1)(a)or (3) Such a number of employees of such person or entity have been convicted of violations occurring in the work place as to indicate that such person or entity has failed to make a good faith effort to provide a drug free work place as required by Resolution R-01-36 Section 4,E(I)(a). [Signature] STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of ,200 by Personally known OR Produced identification [Type of identification] My commission expires Notary Public Signature [Print,type or stamp Commissioned name of Notary Public] RFP No.l 1-1067DW,Tourism Inquiry&Fulfillment Svcs. <DRUGFREE.FRM Revised 2/13/06> Packet Page -964-