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#16-6645 (Fuse Media)
AGREEMENT 16-6645 for Production of Tourism Guides THIS AGREEMENT, made and entered into on this 1241 day of 311t! 2016, by and between Florida Homes Magazine, LLC d/b/a Fuse Media, authotIzed 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. Page 1 of 11 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 Page 4 of 11 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-FMOPScolliergov.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. Page 8of11 NI 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 Dwi•ht E. Brock, rk of Cou B ' ` By: Chairman Dated: . ,: (SEAL) Atfe'st as to Ch*des u�t�fre only Florida Homes Magazine, LLC DBA Fuse Media Contractor • ,sNCcs c�igage By:< Fif s .Witness nature, TType/print witness nameT TType/print signature and titlee '361,** Second \Mtness VAI GSSG - gtof) TType/print witness nameT Ap. oved is to F r a d Legality: a 04;4) s Rt-C'ounty Att. Print Name Pae 9 of 11 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. Page 10 of 11 • 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. Page 11 of 11 DATE(MM/DD/YYYY) Aco CERTIFICATE OF LIABILITY INSURANCE 4011. 07/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER NAMEACT Gregory Gibson PHONE Est): 941-923-6500 �A/c Ax Na): 941-803-0878 Gibson Financial&Insurance,LLC A ADDDREDRE SS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Starr Indemnity&Liability 4670 INSURED INSURER B: Julie Lewis-Gibson INSURER C: 1900 Main Street,Suite 209 INSURER D: Sarasota, FL 34236 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 50000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5000 Y 1000368310161 01/29/2016 01/29/2017 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2000000 POLICY PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS Y 1000368310161 01/29/2016 01/29/2017 X HIRED AUTOS X- NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Magazine Publisher. Can Cancellation clause is for 30 days,except for non-payment of premiums. CERTIFICATE HOLDER CANCELLATION Additional Insured&Certificate Holder: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATI i / f ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Affidavit I certify that I have no employees. I do not use subcontractors and/or casual labor. In the event that I hire an employee and/or an uninsured subcontractor, I agree to obtain a workers compensation policy to cover these workers. I further agree to provide you with a certificate of insurance showing proof of workers compensation coverage prior to this labor working at your jobsite. Name of R Subcontractor: la ., o--- Signat o O er: 4111b,,, 1 .��. ,• - Title: -) Date: IC ` I hereby attest that the informationrovided in this affidavit is accurate. State of f�(AQ,1,7,� County of 3Mn �; , - Sworn to (or affirmed) and subscribed before me this �l'lr-- day of _Av Si— 20 Up , by S (i�v✓t) CJif5Sclk) Personally known )4___ Or produce at f,>=cation: __.�.,�Type.. f-;identification Produced: ' ovt k�, VANESSA WAPINSKI HOUSTON 4 • .1`�s- Notary Public-State of Florida ` 1 s• Commission#FF 220845 �, .;�' My Comm.Expires Aug 8,2019 /.It A 4 'gRA: Bonded though NOM Nobry Iasa otary (Signature) Notary (Print, typed or stamped commissioned) Workers Compensation Collier County Vendors March 23, 2016