Agenda 07/12/2016 Item #16F 4 7/12/2016 16.F.4.
EXECUTIVE SUMMARY
Recommendation to award ITB 16-6645 "Production of Tourism Guide" to Florida Homes
Magazine, LLC d/b/a Fuse Media ("Fuse Media")for the production services, reject all bids for the
printing of the Tourism Guide, re-solicit printing bids and make a finding that this action promotes
tourism.
OBJECTIVE: Recommendation of staff selection of vendor to produce our annual Visitor Guide.
CONSIDERATIONS: Annually the Tourism Department produces a printed and digital Visitor Guide
for the destination. At the conclusion of each contract term, Collier County requires a competitive bidding
process. The Collier County Procurement Division developed ITB 16-6645 "Production of Tourism
Guide." The ITB was publicly advertised on May 10, 2016. E-mail notices were sent to 639 firms
with 35 firms requesting full solicitation packages. Three bid responses were received by the due
date of May 27, 2016. Two bids were for the full production and printing of the guide, and one bid was
for the printing section of the guide. The recap of the bids is attached.
Staff recommends award of the production of the Tourism Guide to the responsive, qualified bidder, Fuse
Media, Sarasota,Florida.
The bid response from Fuse Media is as follows:
Line# ITB Section 1- Category Pricing Amount
1 Turn Key printed Visitor Guide including, data collection, ad $52,700
sales,design,composition, set-up,production and proofing
2 Cost for digital version of guide for website posting $1,000
3 Total Not to Exceed Production Cost(before deducting $53,700
advertising revenue sharing)
ITB Section la—Example-Advertising Revenue Sharing
4 Estimated Ad Revenue subject to sharing between County and $119,000
vendor
5 Estimated Ad Revenue to be shared with County (70%of total ad $83,300
sales)
6 Estimated Ad Revenue retained by vendor for sales expenses $35,700
(30%of ad sales)
7 ITB Section 2—Example-Calculated Net Cost to County
Projected Net Cost to County including vendor retained ad $6,100
revenue(line 3+line 6—line 5)
Staff recommends the rejection of all bids for the printing of the Tourism Guide, after further review of
conflicting specifications in the solicitation, which led to variations in the bid responses. In order to
obtain fair, full and open competion, the Interim Procurement Director recommends for the Board to
reject all the printing bids for ITB #16-6645, to allow staff to make the necessary modifications to the
solicitation and re-compete that portion of the Visitor Guide.
FISCAL IMPACT: The County will pay the contractor a not to exceed amount of$53,700, to be offset
by 70% of advertising sales generated by the Visitor's Guide to be returned to the County in the form of
revenue and the remaining 30% of sales will be retained by the contractor. Sufficient funds are budgeted
for the production of the Visitor Guide and in TDC Tourism Promotion Fund (184). Source of funds is
Category B Tourist Development Tax. Any advertising revenue sharing remitted to the County will be
deposited in TDC Promotion Fund(184)cost center 101543.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this
action.
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LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval.—SRT
ADVISORY BOARD RECOMEMNDATION: The recommendation to approve the award to Fuse
Media was presented to the TDC on June 27, 2016, and the TDC recommended that the Board approve
the award to Fuse Media with an unanimous vote of 8-0. Following the TDC meeting, staff determined it
appropriate not to proceed with an award of the printing element of the ITB for the reason stated above.
RECOMMENDATION: Recommendation to award ITB 16-6645 "Production of Tourism Guide" to
Fuse Media for production services, reject all bids for the printing of the Tourism Guide, re-solicit
printing bids and authorize the Chair to sign the attached Agreement, and make a finding that this action
promotes tourism.
Prepared by: Jack Wert,Tourism Director
Attachments: Bid Tabulation;Bid Solicitation; Fuse Proposal; Agreement.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.4.
Item Summary: Recommendation to award ITB 16-6645 "Production of Tourism Guide"
to Florida Homes Magazine, LLC d/b/a Fuse Media ("Fuse Media") for the production services,
reject all bids for the printing of the Tourism Guide, re-solicit printing bids and make a finding
that this action promotes tourism.
Meeting Date: 7/12/2016
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator, Tourism Division
6/29/2016 2:25:03 PM
Submitted by
Title: Division Director-Tourism, Tourism Division
Name: WertJack
6/29/2016 2:25:05 PM
Approved By
Name: HerreraSandra
Title: Manager-Procurement,Procurement Services
Date: 6/30/2016 1:58:20 PM
Name: WertJack
Title: Division Director-Tourism,Tourism Division
Date: 6/30/2016 5:45:08 PM
Name: KearnsAllison
Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 7/1/2016 3:02:58 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 7/6/2016 8:16:24 AM
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Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 7/6/2016 9:37:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/6/2016 10:33:34 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/6/2016 2:57:15 PM
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Project Manager:Jack Wert Bid Tabulation Notifications Sent:639
Procurement:Adam Northrup 16-6645-Tourism Guides Downloaded:35
Submissions: 3
Description Fuse Media Miles Media Presstige Printing
Production, Development and Digital Only $53,700.00 $96,200.00 No Bid
Advertising Revenue Paid to the County (On
$119,000 of projected advertising revenue) $83,300.00 $95,200.00 NA
Production Net Total -$29,600.00 $1,000.00 NA
Printing
® NA
fD Line 7-Bid Total No Bid
Attachment 2:Vendor Checklist Yes Yes Yes
Attachment 3: Bid Response Yes Yes Yes
Attachment 4: Local Vendor No No Yes
Attachment 5: Immigration Affidavit Yes Yes Yes
Attachment 6: W9 Yes Yes Yes
Attachment 8: Quote Response Form Yes Yes Yes
Division of Corporations Yes Yes Yes
EPLS Validation Yes Yes Yes
Opened/Date: Adam Northrup,05/2/2016 3:00PM
Witness/Date: Swain Hall, 05/27/2016 3:00PM
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Collier County
Administrative Services Department
Procurement Services Division
INVITATION TO BID
Date:
From: Adam Northrup, Procurement Strategist
(239) 252-6098 (Telephone)
(239) 252-6302 (FAX)
Adamnorthrup@colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 16-6645— Production of Tourism Guides
As requested by the Naples, Marco Island, Everglades Convention & Visitors Bureau
(CVB), the Collier County Board of County Commissioners Purchasing Department has
issued this ITB for the purpose of obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre-ITB conference. T,
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. All
responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Jack Wert
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Prucummont;$erer s D eei•3327 Tansami Trail East•Naples,Ronda 34112-4501•239.252-8407•wvJ:,whiergov.netproa remenisen:^es
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Invitation to Bid
Index
Public Notice 3
Exhibit I: Scope of Work, Specifications and Response Format 4
Exhibit II: General Bid Instructions 9
Exhibit III: Standard Purchase Order Terms and Conditions 15
Exhibit IV: Additional ITB Terms and Conditions 18
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 24
Attachment 2: Vendor's Check List 25
Attachment 3: Vendor Submittal - Bid Response Form 26
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit 28
Attachment 5: Vendor Submittal — Immigration Affidavit 29
Attachment 6: Vendor Substitute W—9 30
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 31
16-6645—Production of Tourism Guides 2
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Ctrl ier County
Administrative Services Department
Procurement Services Division
Public Notice
Sealed bid responses for Solicitation 16-6645, will be received electronically only at the Collier
County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until
3:00PM, Collier County local time on Date. Solicitation responses received after the stated time
and date will not be accepted.
Solicitation 16-6645—Tourism Guides
A mandatory or non-mandatory (or remove completely if not having a meeting) pre-bid
conference will be held on Date, commencing promptly at Time AM or PM and held at Collier
County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. All
prospective bidders must attend this conference in order to submit a bid response or be
considered for an award.
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net/bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/Joanne Markiewicz
Director, Procurement Services Division
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the lobby of the Purchasing Building on Date.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Tourism Division operating as the Naples, Marco Island, Everglades Convention &
Visitors Bureau (CVB) (hereinafter, the "Division or Department"), the Collier County Board of County
Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid
(hereinafter, "ITB") with the intent of obtaining bids from interested and qualified firms in accordance
with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must
achieve the requirements of the Scope of Work and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
Create, produce, print and deliver a turnkey destination visitor guide in both print and digital
formats.. Historically, County departments have spent approximately $35,000 annually for this
guide.
Background
The Naples, Marco Island, Everglades Convention &Visitors Bureau (CVB) is the official
destination marketing organization for Collier County. The County covers a large geographic area
and has a diversified tourism product. There is currently a Visitor Guide for the entire destination
and the County is desirous of continuing with a consolidated approach. This publication will be
used as a fulfillment piece for the combined tourism marketing effort of the overall destination.
The quality and content of the fulfillment piece must accurately reflect the destination brand and
provide compelling reasons for consumers to visit the Collier County area.
Detailed Scope of Work
The CVB is requesting responses from interested and qualified firms to provide turn-key production
of the official destination visitor guide for Collier County, including all ad sales, creative, production
and set up, printing of the guide and production and posting of a digital version of the guide to the
tourism website.
The firm must demonstrate:
1. At least five (5) years of successful experience in providing a "turn-key" destination publication
in both print and digital format for Internet media including, but not limited to: ad sales, design,
photography, research, feature writing, composition, printing and distribution. Experience in
producing Florida destination publications is highly desired.
2. The proposer should supply a suggested rate card for the ad sales phase and indicate if
agency discounts and prepay options would be offered. Publisher should also explain their
procedures for creating a marketing and sales plan to include all tourism related businesses in
Collier County that might have an interest in advertising in the print and digital guide.
As a part of the resultant agreement, the successful publishing firm is expected to provide:
1. A complete "turn-key" delivery for both a print and digital format for Internet media including, but
not limited to: advertising sales and management, design, photography, editorial research
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writing and composition, set-up, proofing, printing and delivery.
2. Advertisements and ad revenue with no additional cost to the County. Additionally:
• The advertising to editorial ratio should not exceed 40% of the book.
• Only accommodations, attractions, restaurants, shopping venues and other tourism related
businesses with a presence in Collier County are eligible to advertise in the publication.
• Publisher will be responsible for all ad sales and collections.
• Ad revenue should be shared with the County either as a percentage of gross sales or as an
offset to the total production cost of the guide.
3. Editorial contents shall include, but not be limited to:
• Area overview with highlights for each city and visitor area in the County
• Accommodations listings for hotels, vacation rentals and campgrounds
• Restaurant listings, menu highlights, photos and special dining features
• Attractions listings and editorial
• Shopping listings and editorial
• Sports venues and activities
• Beaches and parks listings and editorial
• Golf course listings and editorial
• History and cultural activities
• Eco tourism listings and editorial
• Transportation options
• Maps of area and region
• Community services information
• Suggested itineraries and related editorial
4. Provide an annual destination visitor guide.
5. Print publication must be a maximum of 8" x 10-1/2". The County is open to suggestions on size
and format. The book will be a minimum of 48 pages. The County reserves the right to quote
other printers for the printing of the final paper copy guides
6. Print guide quantity is up to 100,000 copies and:
• The CVB has a supply of photography, but the publisher should be prepared to provide
photography that they have obtained full permission to use, or to shoot additional
photography as needed.
• Format both the print and Internet media ads for publishing consistency unless full page
advertisers request their own design.
• Cover: minimum 8 point, number 3.
• Body: minimum 60 pound, number 3 text.
• A map of the entire Collier County area with inset maps of each of the cities will be a part of
the publication. The map will need to be keyed to listings of tourism related businesses and
advertisers in the publication.
• Proof out the publication as each section is completed and allow the Tourism staff and their
advertising agency of record to review and approve all photography, content, listings and
advertising that will appear in the product. The Tourism staff must approve all final pages
before going to the printer and the County will hold the publisher responsible for providing a
product that matches the proofs that were approved.
• Four(4) color process with ultraviolet coating on covers one (1) and four(4).
• The publication must be saddle stitched.
• Pack printed guides in sturdy boxes clearly marked as to quantity and product. Individual
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box weight not to exceed fifty (50) lbs. Delivery will be FOB Destination to at least two
locations in Southwest Florida to be designated by the Tourism staff.
7. The successful firm must provide the tourism staff with weekly sales and revenue reports, and
make available all sales call information for review by the tourism staff
8. The County shall retain ownership of all materials produced as a part of the print and digital
publications.
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).
• For the purposes of determining the bidder with the lowest price for award purposes only the
following methodology will be used:
Section 1 —Category pricing
Insert pricing and or percentages requested in lines 1-6.
Line# Description Price
"Turn-key" service including travel and out of pocket expenses,
1 advertisement sales and management, design, research, composition, set-
up, and proofing. $
2 Cost for printing, binding, packaging and distribution (100,000 copies). $
3 Total cost for Internet media developing, uploading and coordination with
CVB vendor. $
4 Percent of Advertising Revenue kept by your company(line 4 and 5
should add up to 100%) $
S Percent of Advertising Revenue shared with the CVB(line 4 and 5 should
add up to 100%) $
Based on XXX,XXX in advertising revenue, how much money would be
6 kept by your company?(xxx,xxx x XX% (from line 4)) $
Section 2—Total Cost to the County
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Follow the directions in line 7 to determine the total cost to the County. The responsive bidder with the lowest
line 7 price will be awarded the bid.
Line# Description Price
7 Total Cost to the County(Add lines 1, 2, 3, and 6)
Section 3—Responsiveness
Provide at least five (5) years of successful experience in providing a "turn-key" destination publication in both
print and digital format for Internet media including, but not limited to: ad sales, design, photography, research,
composition, printing and distribution. Experience in producing Florida destination publications is highly desired.
Provide a suggested rate card and include whether or not agency discounts and prepay options to be offered.
Publisher should also explain their marketing and sales plan to assure the CVB that all tourism related
businesses in Collier County that might have an interest in advertising will have the opportunity to respond.
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select a single awardee.
• The County reserves the right to issue a formal contract or standard County Purchase Order
for the award of this solicitation.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for five (5) years.
Requests for consideration of a price adjustment can only be made on the 2nd and 4th anniversary
periods. Requests must be made, in writing to the Procurement Director, at least 14 days prior to
the contract anniversary date. Price adjustments are dependent upon the consumer price index
(CPI) over the previous twelve (12) months, budget availability and/or 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 Date
Last Date for Receipt of Written Questions Date, Time, Naples
Local Time
Mandatory or Non-mandatory pre-solicitation meeting(Include Date, Time, Naples
if applicable) Local Time and
Locations
Addendum Issued Resulting from Written Questions or Pre- Date
Proposal Conference (Include if applicable)
Solicitation Deadline Date and Time Date, Time, Naples
Local Time
Anticipated Evaluation of Submittals Date Range
Vendor Presentations if Required (Include if applicable) Date Range
Anticipated Completion of Contract Negotiations (Include if Date Range
applicable)
Anticipated Board of County Commissioner's Contract Date Range
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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
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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.
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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.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.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
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Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current purchasing ordinance and policies.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non-responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Purchasing Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other
non-permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non-local business, then the local business with the apparent lowest bid
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
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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:
• 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 BidderNendor 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.
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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
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
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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.
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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.
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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
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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
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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.
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7. Florida Wood Products
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal.
8. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)),
ordinances, codes, rules, regulations and requirements of any governmental agencies.
9. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
10. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair/replace, to the County's
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
The County's project manager shall coordinate with the Vendor/ Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
11. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, the current Collier County Ethics Ordinance and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact
with County staff for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
12. Invoice and Payments
The County's project manager reserves the right to establish any one, or a combination of, these
industry practices for contracts or purchase orders:
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred
from the County to the contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the contractor must perform to the satisfaction of the County's
project manager before payment for the fixed price contract is authorized.
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Time and Materials: the County agrees to pay the contractor for the amount of labor time
spent by the contractor's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus
the contractor's mark up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts
include back-up documentation of costs; invoices would include number of hours worked and
billing rate by position (and not company (or subcontractor) timekeeping or payroll records),
material or equipment invoices, and other reimbursable documentation for the project.
Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including
labor, materials, equipment, overhead, etc.)for a repetitive product or service delivered (i.e.
installation price per ton, delivery price per package or carton, etc.). The invoice must identify
the unit price and the number of units received (no contractor inventory or cost verification
required).
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk ancollierclerk.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.
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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"lathes" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying
the amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
13. Survivability
Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that
extends beyond the expiration date of the original Solicitation 16-6645 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
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Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices
of expiration, cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
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. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current
published County Manager Agency (CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon
request from the Information Technology Department. All vendors will be required to adhere to IT
policies for access to the County network. Vendors are required to notify the County in writing
twenty-four(24) hours in advance as to when access to the network is planned. Included in this
request must be a detailed work plan with actions that will be taken at the time of access. The
County IT Department has developed a Technical Architecture Requirements Document that is
required to be filled out and submitted with your bid response. This document can be found on the
Collier County Purchasing Department website: www.colliergov.net/purchasinq. On the left hand
side of the menu, click on CC Technical Requirements. If this document is not submitted with your
bid response, your bid response may be deemed non-responsive.
16-6645—Production of Tourism Guides 22
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16. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
17. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
18. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
19. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required by the County, 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,
unless otherwise agreed in writing by the Project Manager.
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, unless otherwise agreed in writing by the Project Manager. The County reserves the
right to request and obtain documentation of the Vendor's cost for time and material projects, and
to withhold payments until documentation is provided.
All County-purchased equipment must be new and of current manufacture in production at the
time of bid opening, and carry industry 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.
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.
16-6645—Production of Tourism Guides 23
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Go r_tier Goirnty
Administrative Services Department
Procurement Services D inion
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 16-6645— Production of Tourism Guides
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature /Title
Type Name of Signature Date:
16-6645—Production of Tourism Guides 24
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Clter County
Administrative Services Department
Procurement Ser'.ces 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 cashier's check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
Solicitation: 16-6645— Production of Tourism Guides
Opening Date: Date
13.The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature &Title
Date
16-6645—Production of Tourism Guides 25
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Colt-rev 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: 16-6645— Production of Tourism Guides
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:
* ** SEE FOLLOWING PAGES ***
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net_ Days
7 Bid Response Form is electronic. Please input your prices online.
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
16-6645—Production of Tourism Guides 26
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 20 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR#or CAGE Code
Telephone Number
FAX Number
Signature/Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
16-6645—Production of Tourism Guides 27
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Cox Leer County
Administrative Services Department
Procurement Services DF..isian
Attachment 4: Vendor Submittal - Local Vendor Preference Affidavit
Solicitation: 16-6645-Production of Tourism Guides (Check Appropriate Boxes Below)
State of Florida(Select County if Vendor is described as a Local Business
El Collier County
El 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 El Lee County:
Number of Employees (Including Owner(s)or Corporate Officers):
Number of Employees Living in El Collier County or El 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 El 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)
16-6645—Production of Tourism Guides 28
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Cater County
Administrative Services Department
Procurement Services Divmsion
Attachment 5: Vendor Submittal-Immigration Affidavit
Solicitation: 16-6645-Production of Tourism Guides
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.
16-6645—Production of Tourism Guides 29
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Coder 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
16-6645—Production of Tourism Guides 30
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Cofer County
Administrative Services Department
Procurement Seri ces Dtvisron
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 $ single limit per occurrence, $2,000,000 aggregate for Bodily
ISO form Injury Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the ContractorNendor/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 $ 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
16-6645—Production of Tourism Guides 31
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E Employee Dishonesty/Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. E 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.
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
16-6645—Production of Tourism Guides 32
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Colter C:ouinty
Administrative Services Department
Prow ennent Services Division
Attachment 7: Quotation Response Form
(Complete and submit all information below)
Section 1 —Category pricing
Insert pricing and or percentages requested in lines 1-6.
Line# Description Price
"Turn-key" service including travel and out of pocket expenses,
1 advertisement sales and management, design, research, composition, set-
up, and proofing. $
2 Cost for printing, binding, packaging and distribution (100,000 copies). $
3 Total cost for Internet media developing, uploading and coordination with
CVB vendor. $
4 Percent of Advertising Revenue kept by your company(line 4 and 5
should add up to 100%) $
5 Percent of Advertising Revenue shared with the CVB(line 4 and 5 should
add up to 100%) $
6 Based on XXX,XXX in advertising revenue, how much money would be
kept by your company? (xxx,xxx x XX% (from line 4)) $
Section 2—Total Cost to the County
Follow the directions in line 7 to determine the total cost to the County. The responsive bidder with the lowest line 7
price will be awarded the bid.
Line# Description Price
7 Total Cost to the County(Add lines 1, 2, 3, and 6)
Section 3—Responsiveness
Provide at least five (5) years of successful experience in providing a "turn-key" destination publication in both print
and digital format for Internet media including, but not limited to: ad sales, design, photography, research,
composition, printing and distribution. Experience in producing Florida destination publications is highly desired.
Provide a suggested rate card and include whether or not agency discounts and prepay options to be offered.
Publisher should also explain their marketing and sales plan to assure the CVB that all tourism related businesses in
Collier County that might have an interest in advertising will have the opportunity to respond.
Company
Print Name Signature Date
16-6645—Production of Tourism Guides 33
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- I -1
Colter 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 cashier's check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12.The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
Solicitation: 16-6645—Production of Tourism Guides
Opening Date: 05/27/2016; 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.
FLORIDA HOMES MAGAZINE, LLC DBA FUSE MEDIA
ompany Na '
~ `3^\_.-- PRESIDENT
Si nature &Title
5/24/16
Date
•
25
16-6645—Production of Tourism Guides
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Cater County
Administrative services Department
Procurement Services Division
Attachment 3: Vendor Submittal -Bid Response Form
FROM: FLORIDA HOMES MAGAZINE, LLC DBA FUSE MEDIA
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 164645—Production of Tourism Guides
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:
***SEE FOLLOWING PAGES***
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: 2% 15 Days; Net 30 Days
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages.The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15)days after being notified of an award.
16-6645—Production of Tourism Guides 26
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 24 day of
MAY, 2016 in the County of SARASOTA, in the State of FLORIDA.
Firm's Complete Legal Name FLORIDA HOMES MAGAZINE, LLC DBA FUSE MEDIA
Address 1900 MAIN ST, SUITE 209
City, State, Zip SARASOTA, FL 34236
Florida Certificate of Authority L08000099575
Document Number
Federal Tax Identification 80-0782751
Number
CCR#or CAGE Code
Telephone Number 941-227-7331 OF 941-549-5960
FAX Number 941-227-7331
Signature/Title <' --�--�--� ---
�� PRESIDENT
Type Name of Signature JULIE LEWIS GIBSON
Date 5/24/2016
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
27
16-6645—Production of Tourism Guides
1113 Template_01202016 Packet Page-1773-
E-VE rrfy Employer Wizard-Company Information7/12/2016 16.F.4.
� itllil
E-VeriFy
Welcome User ID Last Login
Employment Eligibility Verification JULIE LEWIS GIBS...JLEW1717 10:07 AM-05125/2016 Log Out
Click any Q for help
Home Company information
New Case Company Name: FLORIDA HOMES MAGAZINE,LLC
Mew Cases I View I Edit
Search Cases
Company ID Number: 974608
"";aFUSE MEDIA
Doing Business As(DBA)
Edit Profile Name:
Change Password DUNS Number:
Change Security Questions
Physical Location: Mailing Address:
Edit Company Profile
Address 1: 1900 MAIN ST Address 1
Add New User Address 2: SUITE 209 Address 2: •
View Existing Users City: SARASOTA City:
Close Company Account State: FL State:
Zip Code: 34236 Zip Code:
View Reports County: SARASOTA
View Essential Resources Additional information:
Take Tutorial Employer Identification Number:800782757
View User Manual
Total Number of Employees: 5 to 9
Share Ideas Parent Organization:
Contact Us Administrator:
Organization Designation:
Employer Category: None of these categories apply
NAICS Code: 323-PRINTING AND RELATED SUPPORT ACTIVITIES I View I Edit
Total Hiring Sites: 1 View t Edit I
Total Points of Contact: 2 ` View t Edit I
I _ I
Page 1 of 2
https://e-verify.uscis.gov/empfEmployerWizard.aspx
Packet Page -1774-
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c ,er county
Administrative Services Department
Procurement Services Division
Attachment 5:Vendor Submittal-Immigration Affidavit
Solicitation: 16-6645-Production of Tourism Guides
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further,Vendors/ Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verify program,may deem the Vendor I
Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers,constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of
the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act
and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's I Bidder's proposal.
Company Name FLORIDA HOMES MAGAZINE, LLC DBA FUSE MEDIA
Print Name JULIE LEWIS GIBSON r. Title PRESIDENT
Signature , 'j „ ., --� ,_3e- ,.A..r^> '7,-<'-c.--,-,---, Date 5/25/2016
State of FLORIDA
County of SARASOTA
The foregoing instrument was signed and acknowledged before me this 25 day of MA y ,20/1 ,by
J o l ie, Le„);s 61,6304 who has produced rt. Drivers L-r Ge/ASS as identification.
(Print or Type Name) (Type of Identification and Number)
62tary Public Signature ,;,4 . JANE COUNTRYMAN
NOTARY PUBLIC
o ` STATE OF FLORIDA
Printed Name of Notary Public 44..11.4 i Camngi FF155760
Expires 10/17/2018
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.
29
16-6645—Production of Tourism Guides
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Cier 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 FLORIDA HOMES MAGAZINE, LLC DBA FUSE MEDIA
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address 1900 MAIN ST,SUITE 209 City SARASOTA
State FLORIDA Zip 34236
Telephone 941-227-7331 FAX 941-227-7331 Email JULES@FUSEMEDIAINC.COM
Order Information Remit!Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status(check only one)
Individual 1 Sole Proprietor Corporation Partnership
Tax Exempt(Federal income tax-exempt entity X Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) C Enter the tax classification
(D=Disregarded Entity, C=Corporation,P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax identification Number(TIN)80-0782757
(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 penaltievf pe ,l certify that the information shown on this form is correct to my knowledge.
Signature '-' aria-- Date 5124116
Title PRESIDENT Phone Number 941-227-7331
30
16-6645—Production of Tourism Guides
ITB Template 01202016
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ier County
Administrative Services Department
Procurement Services Division
Attachment 7: Vendor Submittal -Insurance and Bonding Requirements
insurance/Bond Type Required Limits
1. ®Worker's Statutory Umits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $100,000 single limit per occurrence
3. ®Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law,the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County, Its officers and employees from any and all liabilities,damages,
losses and costs, including, but not limited to,reasonable attorneys'fees and
paralegals'fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement.
4. ❑Automobile Liability $ Each Occurrence; Bodily Injury&Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. 0 Other insurance as 0 Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage(Jones Act)shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑Valuable Papers Insurance $ Per Occurrence
31
16-6645—Production of Tourism Guides
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0 Employee Dishonesty/Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers'check or an irrevocable letter of credit, a cash bond posted with the
County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. 0 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-u or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders'surplus,all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc.of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners,OR, Board of County
Commissioners in Collier County, OR Collier County Government,OR Collier County. The Certificates of Insurance
must state the Contract Number,or Project Number, or specific Project description,or must read: For any and all
work performed on behalf of Collier County.
11. ® Thirty(30) Days Cancellation Notice required.
RLC 4111/2016
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five(5)days of the award of this solicitation.
Name of Firm FLORIDA HOMES Mil INE,LLC DBA FUSE MEDIA Date 5/24116
•
Vendor Signature .. '
Print Name JULES LEWIS GIBSON
Insurance Agency GIBSON FINANCIAL&INSURANCE
Agent Name GREG GIBSON Telephone Number 941-323-6500
16-6645—Production of Tourism Guides 32
ITBTernpiabe 01202016 Packet Page-1779-
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c; er cry
Administrative Services Deparirnert
Procurement sem mesion
Attachment 7: Quotation Response Form
(Complete and submit all information below)
Section 1 -Category pricing
Insert pricing and or percentages requested in lines 1-6.
Line it Description Price
'Tum-key'service including travel and out of pocket expenses,
1 advertisement sales and management,design,research,composition,set- $52,700
up, and proofing.
2 Cost for printing,binding,packaging and distribution(100,000 copies). $65,500
Total cost for Internet media developing, uploading and coordination with
3 $1,000
CVB vendor.
Percent of Advertising Revenue kept by your company(line 4 and 5 30%
4 should add up to 100%)
Percent of Advertising Revenue shared with the CVB(line 4 and 5 should 70%
5 add up to 100%)
Based on$119,000 in advertising revenue, how much money would be $E)<0/0 c 7o
6 kept by your company? ($119,000 x XX%(percentage from line 4))
Section 2-Total Cost to the County
Follow the directions in line 7 to determine the total cost to the County. The responsive bidder with the lowest line 7
price will be awarded the bid.
Line# Description P e 4//7 Total Cost to the County(Add lines 1, 2, 3, and 6) $3 00
Section 3-Responsiveness
1. Provide at least five(5)years of successful experience in providing a"tum-key" destination publication in both
print and digital format for Internet media including,but not limited to: ad sales, design,photography, research,
composition, printing and distribution. Experience in producing Florida destination publications is highly
desired.
2. Provide a suggested rate card and include whether or not agency discounts and prepay options to be offered.
Publisher should also explain their marketing and sales plan to assure the CVB that all tourism related
businesses in Collier County that might have an interest in advertising will have the opportunity to respond.
3. Provide at least three(3)examples of publications that your company created for government agencies of
similar size.
FLORIDA HOMES MAGAZINE,LLC DBA FUSE MEDIA
Company
Print Name Signature Date
16-6645-Production of Tourism Guides 33
ITS Template_01202016 Packet Page -1780-
. 7/12/2016 16.F.4.
Publishers of Florida Homes Magazine,
(---,...„
Florida Boating Magazine and GRAVITAS Magazine
1 .
FUSE Medi 1900 Main St,#209,Sarasota,FL 34236
t
941-227-7331 sales@fusemediainc.com
2017 Paradise Coast Visitors Guide Bid
ABOUT US
FUSE Media is an award-winning regional magazine group catering to niche luxury markets through its distinctive
lifestyle publications. Renowned for reaching and motivating highly affluent consumers, both residents and visitors,
our publications celebrate coastal lifestyles, luxury real estate,travel and Women on the Gulf Coast.
For our clients,we develop custom marketing strategies weaving together a cohesive message and compelling
experience across all legacy and new media platforms.We specialize in niche publishing solutions, creative
development, strategic planning,content marketing products and social media engagement.
Our History
In 2008, our first publication, Florida Homes Magazine was produced as primarily a relocation guide for Canadians.
Jules Lewis Gibson bought the company in 2008 expanding the vision of the publication to include tourism guides to
the Southwest Gulf Coast.Covering Tampa to Marco Island, Florida Homes Magazine uniquely combines travel and
luxury real estate in a unique editorial style targeting affluent demographics in key feeder markets in the US and
Canada.
Since then she has used her twenty plus years of experience as a marketing and advertising leader to grow the
company to include two additional publications: Florida Boating Magazine and GRAVITAS Magazine. In addition to
our proprietary publications,we produce turn-key publications for our clients including Michael Saunders&
Company and Fannie Hillman and Associates.
Testimonial—
"Working with Jules Gibson and the Fuse Media team to put together our bi-annual SaundersBEST magazine is
always a positive experience. I know that her expertise with luxury consumer goods will result in a powerful branding
tool for our company. The quality is superb. Her keen eye for beautiful layout and execution is much appreciated."
Jennifer Horvat, Chief Marketing Officer, Michael Saunders&Company
FUSE Media is proud to be a Woman-Owned Small Business
FuseMedialnc.com I FloridaHomesM.^ ^^, I '^-"•'=R^atingMag.com I GravitasMag.com
Packet Page-1781-
7/12/2016 16.F.4.
s Publishers of Florida Homes Magazine,
Fl•
orida Boating Magazine and GRAVITAS Magazine
FLJEEI M e a I° 1900 Main St,#209,Sarasota, FL 34236
941-227-7331 sales@fusemediainc.corn
2017 Paradise Coast Visitors Guide Bid
Marketing Strategy
Our local Naples publisher, Nella DeCesare will begin contacting previous advertising clients immediately to set up
appointments to review the 2017 Naples, Marco Island, Everglades Convention and Visitors Bureau (CVB)Tourism
Guide. DeCesare is a native of Naples and highly respected marketing professional in the region.
In addition to previous clients, we have a proprietary list of over 2500 prospective clients in the Southwest Florida
region that may have interest in advertising in the publication as well.We will target those prospective clients
specifically in the tourism industry to contact about the opportunity.
Digital
In addition to the print publication, a digital version of the publication can be hosted on our online platform which
allows videos to be embedded into the pages of the issue.Video-Mags are an excellent way to build the online
exposure of Collier county. Current videos produced by the Naples, Marco Island, Everglades Convention and
Visitors Bureau (CVB) can be added to the digital publication included in the cost of the bid.
FUSE Media is proud to be a Woman-Owned Small Business
FuseMedialnc.com I FloridaHomesM— ^^^, I rl^"-°-'atingMag.com I GravitasMag.com
Packet Page-1782-
7/12/2016 16.F.4.
Publishers of Florida Homes Magazine,F
L.J (J ('I ( Florida Boating Magazine and GRAVITAS Magazine
E MC V I�1 1900 Main St,#209,Sarasota, FL 34236
r, g
941-227-7331 sales@fusemediainc.com
2017 Paradise Coast Visitors Guide Suggested.Rate Card
The 2017 rate card will be incorporated into a beautifully designed media kit that powerfully captures the value
proposition for advertisers by providing information about the CVB's mission and vision, marketing and
advertising campaign initiatives, guide distribution, website statistics, visitor demographics, advertising
opportunities,ad rates and ad specs.
2017 Recommended Rates
Full Page $6,425
Half Page $4,195
Third Page $3,225
Sixth Page $2,150
Premium Positions
Inside Front Cover $7,495 DISCOUNTS
10% Agency Discount
Page 1 $7,495 5% Pre-Pay Discount
Table of Contents $7,495
Inside Back Cover $6,995
Back Cover $7,995
Two-Page Spread $11 ,995
FuseMedialnc.com FloridaHomesM=^ rnm i Gi�-;'+=R^atingMag.com I GravitasMag.com
Packet Page -1783-
7/12/2016 16.F.4.
AGREEMENT 16-6645
for
Production of Tourism Guides
THIS AGREEMENT, made and entered into on this day of 2016,
by and between Florida Homes Magazine, LLC d/b/a Fuse Media, authorized to do business
in the State of Florida, whose business address is 1900 Main St, Suite 209, (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing
on date of Board award and terminating one (1) year from that date or until all
outstanding Purchase Orders issued prior to the expiration of the Agreement period
have been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods, subject to an annual approval by the Board of
County Commissioners. The County shall give the Contractor written notice of the
County's intention to renew the Agreement term prior to the end of the Agreement term
then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a Purchase order.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of Invitation to Bid (ITB) #16-6645, Exhibit A — Scope of Work,
and the Contractor's proposal referred to herein and made an integral part of this
Agreement. This Agreement contains the entire understanding between the parties and
any modifications to this Agreement shall be mutually agreed upon in writing by the
Parties, in compliance with the County's Procurement Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement an annual amount of Fifty Three Thousand, Seven Hundred Dollars
($53,700.00) for the production of the Tourism Visitors' Guide.
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The Contractor agrees that seventy percent (70%) of every One Dollar ($1.00) sold in
gross advertising revenue from the production of the Tourism Visitors' Guide shall be
remitted to the County in the form of revenue and the remaining thirty percent (30%) of
every one dollar ($1.00) sold in gross advertising revenue shall be retained by the
Contractor. Documentation demonstrating Contractor's gross advertising sales revenue
shall be provided to the County.
Payment will be made upon receipt of a proper invoice and upon approval by the
Tourism Director or his designee, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act."
4.1 Price Methodology:
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the contractor must perform to the
satisfaction of the County's project manager before payment for the fixed price contract
is authorized.
4.2 Any County agency may purchase products and services under this Agreement,
provided sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of the Agreement. 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.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the State
of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter
212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or faxed to the Contractor at the following Address:
Julie Lewis Gibson, President
Florida Homes Magazine, LLC DBA Fuse Media
1900 Main Street, Suite 209
Sarasota, FL 34236
Telephone: 941-549-5960
Facsimile: 941-227-7331
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
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7/12/2016 16.F.4.
Collier County Government Center
Procurement Services Division
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Allison Kearns, Interim Director, Procurement Services Division
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The
County will not be obligated to pay for any permits obtained by
Subcontractors/Subconsultants.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor
shall comply with all rules, regulations and laws of Collier County, the State of Florida, or
the U. S. Government now in force or hereafter adopted. The Contractor agrees to
comply with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the Agreement of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four
(24) hours after receiving notice of such violation, conduct, or practice, such suspension
to continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
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convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
In the event that the County terminates this Agreement, Contractor's recovery against
the County shall be limited to that portion of the Agreement Amount earned through the
date of termination. The Contractor shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $100,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County ten (10) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire
until the greater of: ten (10) days prior written notice, or in accordance with policy
provisions. Contractor shall also notify County, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverage or limits received by Consultant from its insurer, and nothing
contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
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caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, County and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the County or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Tourism Division.
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
following component parts, all of which are as fully a part of the Agreement as if herein
set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A, Bid
#16-6645 Scope of Work and Addendum.
17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee
of the firm from contact with County staff for a specified period of time; b. Prohibition by
the individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
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19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety (including,
but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida
Public Records Law Chapter 119, including specifically those contractual requirements
at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a
format that is compatible with the information technology systems of the public
agency.
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If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful proposer.
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall
be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at
mediation to County's board for approval. Should either party fail to submit to mediation
as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat.
24. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete the Agreement on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet the
required service delivery dates.
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26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Invitation to Bid, the Contractor's
Proposal, and/or the County's Board approved Executive Summary, this Agreement
shall take precedence.
27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Contractor does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward the County.
28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and
properties. Contractor ID badges are valid for one (1) year from the date of issuance and
can be renewed each year at no cost to the Contractor during the time period in which
their background check is valid, as discussed below. All technicians shall have on their
shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management
Division via e-mail (DL-FMOPS(a�colliergov.net) whenever an employee assigned to
Collier County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four
(4) hours of separation may result in a deduction of$500 per incident.
29. RECORDS, AUDIT. Contractor shall establish and maintain such records as now exist
and may hereafter be prescribed by the County in the future to provide evidence that all
terms of this Agreement have been and are being observed. The Contractor grants to
the County the right and authority to audit all records, documents, and books pertaining
to the services provided in this Agreement. Such audit will be conducted at locations
and at a frequency determined by the County and communicated to the Contractor.
The Contractor agrees to provide materials for the audit at the place designated by the
County within three (3) business days after the County's notice to do so is received by
Contractor, all at no cost to the County.
* * * * *
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IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Agreement on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Donna Fiala, Chairman
Dated:
(SEAL)
Florida Homes Magazine, LLC DBA Fuse
Media
Contractor
By:
First Witness Signature
'I-Type/print witness namet TType/print signature and titleT
Second Witness
tType/print witness nameT
Approved as to Form and Legality:
Deputy County Attorney
Print Name
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Exhibit A
Scope of Work
As a part of this Agreement, the Contractor expected to provide:
Production and Delivery of a proof to reproduce a printed Tourism Guide, and digital format
for Internet media, including but not limited to: creative, production set-up, advertising sales,
management, design, photography, editorial research, writing and composition, set-up,
proofing, and delivery of master proof. The Contractor will provide the County with a
creation of a hardcopy tourism guide, to be distributed at various locations around the
County. The digital format internet version of the Tourism Guide provided by the Contractor
is to be posted on the County's Tourism Website (Paradisecoast.com).
The reproduction of the hard copy Tourism Guides shall be performed by a different
Contractor as indicated in Section 4 below.
1. The Contractor must provide the Tourism Director, or Designee, with weekly sales and
revenue reports, detailing all ad sales and make available all sales call information.
2. Advertisements and ad revenue sales:
• Only accommodations, attractions, restaurants, shopping venues and other tourism
related businesses with a presence in Collier County are eligible to advertise in the
publication.
• Contractor is responsible for all ad sales and collections. If the Contractor fails to
collect on an ad sale, the Contractor shall still remit 70% of gross ad sales revenue to
the County.
3. Editorial contents shall include, but not be limited to:
• Area overview with highlights for each city and visitor area in the County
• Accommodations listings for hotels, vacation rentals and campgrounds
• Restaurant listings, menu highlights, photos and special dining features
• Attractions listings and editorial
• Shopping listings and editorial
• Sports venues and activities
• Beaches and parks listings and editorial
• Golf course listings and editorial
• History and cultural activities
• Eco tourism listings and editorial
• Transportation options
• Maps of area and region
• Community services information
• Suggested itineraries and related editorial
4. The actual reproduction of the printed Tourism Guide is not included in this Agreement,
and will be performed by a different Contractor. Digital proof must be formatted to the
specifications below.
Size of print publication will be 8" x 10-1/2". The book will be a 60 page guide (56 pages with
4 cover pages), at no additional cost to those outlined in the Contractor's proposal.
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• The CVB has a supply of photography, but the publisher should be prepared to
provide photography that they have obtained with full permission to use, or be
prepared to shoot additional photography as needed.
• Format both the print and Internet media ads for publishing consistency unless full page
advertisers request their own design.
• Cover: minimum 8 point, number 3.
• Body: minimum 60 pound, number 3 text.
• A map of the entire Collier County area with inset maps of each of the cities will be a
part of the publication. The map will need to be keyed to listings of tourism related
businesses and advertisers in the publication.
• A Proof of the publication as each section is completed should be provided to the
County staff. Tourism staff and their advertising agency of record will review and
approve all photography, content, listings and advertising that will appear in the
product. The Tourism staff must approve all final pages before going to the printer
and the County will hold the publisher responsible for providing a product that
matches the proofs that were approved.
• Four (4) color process with ultraviolet coating on covers one (1) and four (4).
• The publication must be saddle stitched unless pre-approved by the Tourism Director.
5. The County shall retain ownership of all materials produced as a part of the print and digital
publications.
6. Tourism industry partner database, which will be included in the publication and interfaced
with the CVB website. Includes contacts and data regarding their company, (hours, prices,
location, and description on their offerings). Database is owned by County and will be
transferred upon request.
Tourism partners should be contacted on an annual basis to verify that their listing information
that will be printed in the Visitor Guide is correct and up to date. That annual contact should
consist of several attempts by phone, e-mail, fax, and snail mail. If a partner still does not
respond after those multiple attempts, then those listings will be forwarded to the CVB staff for
one final attempt to verify the listing information prior to the guide being published.
0
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