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Agenda 09/13/2016 R Item #16F10
16.F.10 09/13/2016 EXECUTIVE SUMMARY Recommendation to award RFP 16-6611 for International Tourism Representation for the UK/Ireland to OMMAC, LTD, and to DiaMonde e.K., for representation in the remaining European countries, authorize the Chair to execute the County Attorney approved contracts, and make a finding that this item promotes tourism. OBJECTIVE: To award RFP 16-6611 for International Tourism Representation to the successful bidders,OMMAC, LTD and DiaMonde e.K. CONSIDERATIONS: RFP 16-6611 for International Representation was publicly advertised on May 12, 2016. Email notices were sent to 399 firms with 20 firms requesting full solicitation packages. Three responses were received for the UK/Ireland Representation and one response was received for European Representation by the due date of June 6, 2016. No responses were found to be non- responsive. A selection committee met on July 18, 2016 to review the proposals. By consensus of the members, the following firms are recommended: OMMAC,LTD for UK/Ireland Representation based in the UK DiaMonde e.K. for European Representation based in Stuttgart,Germany Each vendor will provide representation services including but not limited to: the development of an annual destination marketing plan, coordination of Public Relations, managing social media services for in-country communications, translation services as required, storage for promotional materials, monthly reports of all activities rendered on behalf of Collier County tourism initiatives,participation at in country trade shows, organize travel trade co-op promotions,conduct training for reservation agents, fulfillment of information inquiries for consumers,journalists and meeting planners, maintain close working relations with Brand USA, Visit Florida, Visit USA Committees and maintain a comprehensive database of travel trade,media and consumers. FISCAL IMPACT: For OMMAC, LTD in the UK/Ireland: Monthly service fee of$10,000 ($120,000 annually)plus $80,000 for reimbursable out of pocket travel, registrations, shipping and other expenses in support of Collier County tourism. For DiaMonde e.K. in Europe: monthly service fee of $10,000 ($120,000 annually) plus $80,000 annually for reimbursable travel, registrations, shipping and other expenses in support of Collier County tourism efforts. These funds are available in the Tourism Division FY 17 requested budget in Fund 184. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended this item for approval 7-0 at the August 22, 2016 meeting. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. -CMG Packet Pg.2850 16.F.10 09/13/2016 RECOMMENDATION: That the Board of County Commissioners awards RFP 16-6611 for International Tourism Representation for the UK/Ireland to OMMAC, LTD, and to DiaMonde e.K., for representation in the remaining European countries, authorizes the Chair to execute the County Attorney approved contracts,and makes a finding that this item promotes tourism. PREPARED BY: Jack Wert, Tourism Director ATTACHMENT(S) 1. 16-6611 -International Tourism Representation RFP 05042016 (DOCX) 2. Linked 16-6611 -OMMAC-UK (PDF) 3. Linked NAP_RFP_2016_Europe_DiaMonde_all(PDF) 4. Stamped Ommac Agreement (PDF) 5. Stamped Diamonde Agreement (PDF) 6. 16-6611 -Final Ranking-UK and Ireland (PDF) 7. 16-6611 -Final Ranking-Germany (PDF) Packet Pg. 2851 16.F.10 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.10 Item Summary: Recommendation to award RFP 16-6611 for International Tourism Representation for the UK/Ireland to OMMAC, LTD, and to DiaMonde e.K., for representation in the remaining European countries, authorize the Chair to execute the County Attorney approved contracts, and make a finding that this item promotes tourism. Meeting Date: 09/13/2016 Prepared by: Title:Tourist Development Tax Coordinator—Tourism Name: Kelly Green 08/25/2016 3:17 PM Submitted by: Title: Division Director-Tourism—Tourism Name: Jack Wert 08/25/2016 3:17 PM Approved By: Review: Procurement Services Sandra Herrera Level 1 Purchasing Reviewer 1-4 Completed 08/26/2016 2:08 PM Procurement Services Allison Kearns Level 1 Purchasing Reviewer 1-4 Completed 08/28/2016 3:23 PM Tourism Jack Wert Level 1 Sim.Reviewer 1-8 Completed 08/28/2016 3:29 PM Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 08/29/2016 9:04 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 08/29/2016 12:09 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2016 1:12 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/29/2016 3:18 PM Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 08/29/2016 3:44 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/29/2016 3:49 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 2852 16.F.10.a REQUEST FOR PROPOSAL Collier County Administrative Services Department Procurement Services Division Zit;W CL LL Ce COLLIER COUNTY co co oz) BOARD OF COUNTY COMMISSIONERS `° LEI rl' Q. Solicitation 16-6611 International Tourism Marketing (Germany and UK) N 173 Adam Northrup, Procurement Strategist 239-252-6098 (Telephone) 239-252-6302 (Fax) adamnorthrup@colliergov.net(Email) c a) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document E made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. A Ewjremen„xnrr1usD,ion•3327 Tan nrni Trall East•Nep:ss Fior l3a 34112 4931•239232&1317•..e a ICo,inncpo^urement• .iies Packet Pg. 2853 16.F.10.a Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 14 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 18 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 22 Zs; ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 31 ATTACHMENT 2:VENDOR CHECK LIST 32 CL cc ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 33 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 34 coo ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 36 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 37 v ATTACHMENT 7:VENDOR SUBSTITUTE W—9 38 in ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 39 ATTACHMENT 9:REFERENCE QUESTIONNAIRE 41 0 as a� Cl) a) Q a) cc E N 0 I— R 0 CC a) Y CD a) E r 0 f6 i� 16-6611 —International Tourism Representation RFP_Non_CCNATempl ate_01202016 2 Packet Pg. 2854 16.F.10.a Collier County Administrative Services Department Procurement Services •isiun Legal Notice Sealed Proposals to provide International Tourism Representation will be received until 3:00PM Naples local time, on 06/02/2016 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation a LL fY 16-6611- International Tourism Marketing (Germany and UK) •; 00 Services to be provided may include, but not be limited to the following: In country, International Tourism Marketing for the Naples, Marco Island, Everglades Convention &Visitors Bureau. The countries that this N solicitation is specifically targeting are Germany speaking area of Europe and the United Kingdom/Ireland. o a.A non-mandatory pre-proposal conference will be held on 05/17/2016, commencing promptly at 11:00AM Eastern Standard Time, and will be held in the Purchasing Department Conference Room, cc Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If you o are unable to attend this meeting in person, a conference line has been setup for interested proposers to attend via teleconference at 1-239-252-7001, Access code: 489812. Cl) All statements shall be made upon the official proposal form which may be obtained on the Collier cc County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. To BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County a Government Center on 05/11/2016. s U 41,k Preerent Ser,Ecs Ceprrtnrrt•327 lansum to Ens!•Plaplr ..4e31 r2 `,oo.retpureasinq 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 3 Packet Pg. 2855 16.F.10.a 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 Request for Proposal (hereinafter, "REP")with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. n Brief Description of Purchase •: oo ao The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government, is interested in full-time representation services with an experienced International Representation firm for the UK/Ireland market and the European market, primarily in German speaking regions and other International markets as identified by the Tourism Division. Historically, County departments have spent approximately $200,000.00 annually for Europe and 0 a like amount for the UK/Ireland. u_ 0 w Background :� a) The CVB is the official destination marketing organization for Collier County. The County covers a large geographic area and has a diversified tourism product that includes beaches, shopping, Sports and Eco-tourism and convention opportunities. For more background information on the Naples, Marco Island, Everglades Convention & Visitors Bureau please visit www.paradisecoast.com. 0 Detailed Scope of Work This solicitation will be divided into two parts, and will result in two separate contracts for the following: a; 1. Full-time representation services with an experienced International Representation firm for Germany and the German speaking regions of Europe, and; 2. Full-time representation services with an experienced International Representation firm for the UK/Ireland market E Interested parties may bid on one or both regions of this contract. If you are interested in both the Germany and UK representation, you must submit a proposal for each. A submission for both B regions cannot be combined into one proposal. Proposer must declare on "Attachment 10: Region Declaration", which region their firm wishes to be considered for. Services Required: All Tasks listed below must be completed at a minimum of once per month. 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 4 Packet Pg.2856 16.F.10.a 1. Develop an annual destination marketing plan that is implemented monthly for all services covered under the agreement. 2. Coordination of Public Relations efforts with in-country media. 3. Manage social media services related to in-country communications with trade, media and consumers. 4. Provide a edicated phone, fax and e-mail address for the Naples, Marco Island, Everglades CVB 5. Translation services as required 6. Contract and maintain storage of promotion materials and distribution services as necessary a 7. Monthly reports will be submitted to the CVB by the 10th of the following month, u_ outlining activities per country with future activity projections and market overviews •• 8. Travel Trade Activities: The following are travel trade marketing activities which the o successful firm will perform: CO a. Participation in trade and consumer trade shows & events in country, surrounding N areas and in the US as necessary. b. Regular communication and destination updates to tour operators, travel agents and a media. c. Organize, conduct or participate in travel trade and media familiarization trips to and within Southwest Florida as required and agreed. d. Conduct travel trade training and sales calls to tour operators, airlines and other related organizations in-country and surrounding areas as agreed. cc e. Assist the CVB and its U.S. based marketing partners and agencies with trade E andconsumer promotions as agreed. ° f. Assist with the International marketing promotions and advertising related activities in order to maximize the CVB budget. c g. Fulfillment of inquiries for CVB publications/literature to trade & consumers via both Florida based and in-country fulfillment facilities. w h. Pre-screen and forward travel trade and media leads to the CVB which result from above-mentioned activities. i. Develop and fulfill requests from media and organize and work with CVB in-house PR team on familiarization trips for journalists. j. Maintain close working relationships with Visit Florida, Brand USA and other tourism industry associations, including Visit USA organizations as agreed. k. Create and maintain an up to date country by country trade, media and consumer Q database for periodic distribution of destination information. 9. Pre-approved expenses related to the various services will be invoiced at cost on a monthly basis as follows: a. Advertising, if necessary, will be billed at net cost(no markup)to the CVB's advertising agency of record. 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 5 Packet Pg.2857 16.F.10.a b. Travel expenses such as air, auto rental, hotels, entertainment and meals will be billed to the CVB at net cost. Air, train travel to be at lowest available coach fare. c. Out of pocket expenses such as storage, printing, courier expenses, parking, phone and fax will be billed monthly at cost. d. A monthy service fee will be invoiced each month to cover all representation services including employee time and other related costs and all basic office operating expenses except as indicate above as out-of-pocket expenses. 10. Representation services are desired to support the CVB's efforts to attract visitors to our area. The CVB's brand is relatively new to the International market so the selected to representation company must maintain and build that brand awareness. a u_ 11. Objectives the successful representation companies will be asked to accomplish the w following: op a. Increase average length of stay and repeat visitation from the assigned region b. Increase the number of hotel room nights from the assigned markets N c. Grow the number of CVB partners listed in tour operator catalogs and on c) line programs in the assigned region a u_ cc d. Grow the number of visitors and their spending from the markets represented c c 0 e. Grow the use of social media channels to interact with our destination. m 12. Services requested from the successful vendor will be for sales, public relations,trade 0 to shows, travel industry training, promotions, social media and other services required to a showcase the tourism attributes of the Naples, Marco Island, Everglades area of Florida. cr E N Term of Contract = 0 1.- The The contract term, if an award(s) is/are made is intended to be for two (2) years with two (2) two c (2) year renewal options. 0 c Prices shall remain firm for the initial term of this contract. Requests for consideration of a price c3 adjustment must be made prior to the contract anniversary date, in writing, to the Procurement c Director. Price adjustments are dependent upon the consumer price index(CPI) over the past twelve (12) months, budget availability and/or program manager approval. toA co Surcharges will not be accepted in conjunction with this contract, and such charges should be r incorporated into the pricing structure. a E 0 t4 Projected Solicitation Timetable .tt The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 6 Packet Pg. 2858 16.F.10.a Event Date Issue Solicitation Notice 05/12/2016 Last Date for Receipt of Written Questions 05/27/2016; 3:00PM Non-Mandatory Pre-solicitation meeting 05/17/2016; 11:00AM EST Solicitation Deadline Date and Time 06/02/2016 Anticipated Evaluation of Submittals June 2016 Anticipated Completion of Contract Negotiations June 2016 Anticipated Board of County Commissioner's Contract July 2016 Approval Date CO Response Format ft The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms CO and conditions of same, and all ordinances and policies of Collier County. The Vendor further co agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. CO N To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the c' guidelines set forth in this RFP. a e: Any portions of the proposal that do not comply with these guidelines must be so noted and o explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this cc RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word E format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. o The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. E -a c 1. Tab 1, Cover Letter/ Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s)of the authorized contact person(s) concerning your proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. U a� Q 2. Tab 2, Proposer's Solution to County's Requirements (30 points) How does your firm intend to increase the Collier County Brand in the specified Country/region? Include the following: 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 7 Packet Pg.2859 16.F.10.a • Describe your philosophy on targeting various tour operators, travel agents and journalists with to promote such activities as cuisine, golf, weddings, eco, fishing, beach and water activites and other major target market segments of leisure travel, group meetings and sports events. • How does your company intend to meet each of the County's requirements identified in the RFP's Detailed Scope of Work, items 1 —9, (page 5-6). • Provide at least two samples of work product completed for a similar client for tourism representation services. • Provide at least one sample of a "break-through" and innovative approach to tourism representation. • Describe your backup systems or locations in case of an emergency that will enable you to carry on business • Describe how you use social media networks to support destination marketing campaigns 3. Tab 3: Proposer's Experience and Capacity (25 points) co Provide information that documents your firm's and subcontractors' qualifications to produce the required outcomes, including its ability, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. Demonstrate key parts of your firm's experience that makes you uniquely qualified to perform 0_ these services for the County, including: 0 • Describe the specific knowledge of QA/QC data gathering. • Indicate your thoughts and philosophies on XXXXXXXXXXX and site examples of how you positioned other destination marketing organization clients, the challenges you faced and ;v the ways you overcame those challenges in delivering those strategies. cc • Provide information that documents your firm's and any subcontractors' qualifications you E propose to use to produce the required deliverables, including abilities, capacity, skill, and •L financial strength, and number of years of experience in providing the required services. o • Describe how you handle crisis management and fast breaking negative media coverage. With respect to this, why is your firm better at handling these situations than other competing representation firms? Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Item Item Description Consultant Response 1. Indicate the number of years the firm has been in business under its current name and listed within the Florida Division of Corporations. (number of years) • Provide a copy of the firm's Division of Corporations certificate. 2. Indicate the number of years the firm has been in business under a different name which is listed within the Florida Division of Corporations. (number of years) 16-6611 —International Tourism Representation REP_Non_CCNATemplate_01202016 8 Packet Pg. 2860 16.F.10.a 3. Identify the number of similarly sized contracts that the firm currently has in its portfolio in Florida, Georgia, Alabama, Mississippi, Louisiana, and Texas. (number of • Provide a list of any other contractual obligations contracts) from the 6 states listed. 4. Identify the number of new public/governmental clients (with a similar scope of service)that the firm has brought into its portfolio in the past five years within the State of Florida (1/1/2011 — 12/31/2015). • Provide a list of those new public/ governmental (number of new clients and a brief description of the scope of clients in past five a work. years) TOTAL (Total all line items, 1 —4, from above and indicate co response) oo (TOTAL) `c; Prior to the Selection Committee reviewing proposals, the following methodology will be applied to 0 each Firm's information provided in this area: a. • The County shall total each of the Firm's scores and create a ranking from highest total to ce lowest total. 0 • The highest number of points will be awarded to the Firm who has the highest total. co • For all other criteria points, the Firm's total will be divided by the highest Firm's total which will then be multiplied by points to determine the Firm's Points Awarded. Each subsequent Firm's reference score will be calculated in the same manner. • Points awarded will be extended to a "whole" number (per Microsoft Excel). cc E N For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Firm Name Firm Total Score Points Awarded Firm ABC 245 25 is Firm DEF 187 19.3 �, Firm GHI 162 16.8 Firm JKL 125 13 _ Firm MNO 125 13 Firm PQR 42 4.5 The Points Awarded by Firm will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee members may, at their sole discretion modify the points Q assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 4. Tab 4: Proposer's Team Members Assigned to County's Scope of Work(20 points) 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 9 Packet Pg.2861 16.F.10.a Identify the proposed account management team if your firm is awarded the Collier County Account. Include resume and detailed list of career accomplishments for each team member. Additionally, provide responses to the items listed below in the format identified. 1. Number of years the project management team has in tourism representation. 2. Number of governmental accounts managed by the proposed account management team the past two years. 3. Indicate the number of full time employees in the company. to u. 4. Indicate the number of dedicated representatives that will cr be assigned to this account. If less than one, identify the co percent of time by using a decimal (i.e. .25, .50, etc.) co to • Identify and attach a resume of the primary point of contact (number of for the resultant contract. N dedicated • Attach a copy of all resumes or profile information of any representative a other firm member who may be engaged in this account. s) Provide subcontractor resumes or profile information who may be involved in this 5. Number of proposer's fulltime equivalent staff(including the account manager) assigned to the County's scope of work in this RFP. • Attach resumes of all staff assigned to our account. E 6. Number of other accounts to be represented concurrently by the account management team should your firm receive 0 an award to this RFP. TOTAL (add 1 + 2 + 3 +4 + 5 then subtract 6) o Prior to the Selection Committee reviewing proposals, the following methodology will be a applied to each vendor's information provided in this area: • The County shall create a ranking from highest Total to the lowest total. Information not provided by the vendor in this format shall receive a score of zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest Total price. • The next highest Total will be divided into the highest Total which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's Total score will be calculated in the same manner. • Points awarded will be extended to the first decimal point(per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Team Points Awarded 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 10 Packet Pg. 2862 16.F.10.a Vendor ABC 24 20 Vendor DEF 18 15 Vendor GHI 18 15 Vendor JKL 10 8.3 5. Tab 5: Cost of Services (10 points) The County intends to pay a flat annual fee for the services described above plus out of pocket expenses. (.0 a. 1. Provide a "flat annual fee"to provide all of the representation $ services outlined in this RFP (Annually) 0 2. Proivide an annual amount for out of pocket expenses to be reimbursed $ (Annually) u_ TOTAL (add 1 + 2) o a) • Flat Annual Fee and out of pocket expenses : The County shall create a ranking from lowest Total of the fee and expenses to highest Total by vendor. Items marked with an N/A(or similar notation will be given the score of zero (0)). E o The greatest number of points allowed in this criterion will be awarded to the vendor who has the lowest Total. o o The next lowest vendor's Total will be divided by the lowest vendor's Total which - will then be multiplied by criteria points to determine the vendor's points awarded. o Each subsequent vendor's point score will be calculated in the same manner. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Flat Monthly Fee for All Services Flat annual Fee for All CO Vendor Name Total Services Points . : (lower is more Awarded =i positive) Vendor ABC 42,000 10 as Vendor DEF 53,500 7.9 Vendor GHI 62,000 6.8 Vendor JKL 100,000 4.2 The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 11 Packet Pg. 2863 16.F.10.a vendor. The Selection Committee members may, at their sole discretion, modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab 6, References (5 points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms (see Attachment 9) from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. n. Prior to the Selection Committee reviewing proposals, the following methodology will be ce applied to each vendor's information provided in this area: 00 • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A(or similar notation will be given the score of zero (0). Vendors who do not 0 turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. a • The next highest vendor's number of points will be divided by the highest vendor's points u_ which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. m • Points awarded will be extended to the first decimal point(per Microsoft Excel). a) For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. cc E Vendor Name Vendor otal Scoreeference Points Awarded Vendor ABC 445 5 Vendor DEF 435 4.9 Vendor GI-II 425 4.8 Vendor JKL 385 4.3 Vendor MNO 385 4.3 Vendor PQR 250 2.8 Note:Sample chart reflects a 20 point reference criterion. CS 0 to The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or - modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 4. Tab 7, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 12 Packet Pg. 2864 16.F.10.a tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 5. Tab 8, Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement 61) • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification a. • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements co • Attachment 9: Reference Questionnaire oo • Attachment 10: Region Declaration CD 0 v a u_ L •L 0 co (73 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 13 LPacket Pg. 2865 16.F.10.a Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference to n. The purpose of the pre-proposal conference is to allow an open forum for discussion and rt questioning with County staff regarding this RFP with all prospective Vendors having an equal •: opportunity to hear and participate. Oral questions will receive oral responses, neither of which will ao be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. o N All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- 0 proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", d prospective Vendors must be present in order to submit a proposal response. ccc 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the N RFP may result in disqualification. 2 0. a> 4. Ambiguity, Conflict, or Other Errors in the RFP E E N It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, o discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, 1- noted herein, of such error in writing and request modification or clarification of the document prior c to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing c Department. L c 5. Proposal, Presentation, and Protest Costs to The County will not be liable in any way for any costs incurred by any Vendor in the preparation of u; its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. a) 6. Delivery of Proposalsco B All proposals are to be delivered before 3:00PM, Naples local time, on or before 06/02/2016 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 14 Packet Pg. 2866 16.F.10.a Attn: Adam Northrup, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. a Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) disks cc (CD's/DVD's)with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 00 7. Validity of Proposals 0 cv v No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a a. period of one hundred eighty (180) days from the submission date to accommodate evaluation ce and selection process. 0 8. Method of Source Selection c The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier L County Purchasing Policy. E N The County may, as it deems necessary, conduct discussions with qualified Vendors determined Q to be in contention for being selected for award for the purpose of clarification to assure full ~- understanding of, and responsiveness to solicitation requirements. o 9. Evaluation of Proposals a0 The County's procedure for selecting is as follows: (74 1. The County Manager or designee shall appoint a selection committee to review all proposals submitted. to 2. The Request for Proposal is issued. r 3. Subsequent to the receipt closing date for the proposals, the Procurement professional will m review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 4. Selection committee meetings will be open to the public and the Procurement professional will publicly post prior notice of such meeting(s) in the lobby of the Purchasing Building and on the County's Procurement Services Internet site. 5. Prior to the first meeting (Organization Meeting) of the selection committee, the Procurement professional will post a notice announcing the date, time and place of the meeting at least three (3) working days prior to the meeting. At the initial organization meeting, the selection committee members will receive instructions, the submitted 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 15 Packet Pg.2867 16.F.10.a proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one (1) day advanced notice. 6. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 7. At the scheduled selection meeting, the members will present their independent findings/ conclusions/comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. At the conclusion of that discussion, members of the public will be offered an opportunity (not to exceed three (3) a_ minutes)to provide comments. cc 8. At the conclusion of public comments (provided for in number 7), the selection committee v members will individually rank order each proposer. Collier County selection committeeoo members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, public comments, and/or additional credit information. 9. Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will 0 w mathematically compile into an overall selection committee rank of proposers. 10. In any of the selection committee meeting deliberations, by consensus, members may request to invite proposers in to clarify their proposals, ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their individual ranking and subsequent selection committee overall ranking and final ranking. 11. The selection committee's overall rank of firms in order of preference(from highest beginning with a rank of one (1)to the lowest) will be discussed and reviewed by the Procurement Strategist. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a .� final ranking and staff will subsequently enter into negotiations. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. to Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. tiS Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 16 Packet Pg. 2868 16.F.10.a The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Proposer's Solution to County Requirements 30 Tab III, Proposer's Experience and Capacity 25 Tab IV, Proposer's Team Members Assigned to County's Scope 20 Tab V, Cost of Service 10 CD Tab VI, References 5 d Local Vendor Preference 10 u_ TOTAL 100 Points co 00 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial system)within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall �o receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. ± 12. Acceptance or Rejection of Proposals o w w The right is reserved by the County to waive any irregularities in any proposal, to reject any or all a proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by a) Collier County to accept the proposal which in the judgment of the County is deemed the mostcc advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, o may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 2 m to CD W E U ft3 w 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 17 Packet Pg.2869 16.F.10.a Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless cc between the parties, unless otherwise otherwise specifically stated in this a specifically noted by the COUNTY on the Purchase Order. Unless otherwise ct face of this Purchase Order. Each delivery provided in Purchase Order, no invoices •• of goods and/or services received by the shall be issued nor payments made oa COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount , of invoice. `V v No additional terms may be added and c) All shipments of goods scheduled on the tor, o Purchase Order may not be changed except same day via the same route must be a. by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and c notice that the COUNTY objects to any marked to show this Purchase Order o additional or different terms and conditions number. The container and Purchase a contained in any acknowledgment, invoice Order numbers must be indicated on bill a or other communication from VENDOR, of lading. Packing slips must show v) notwithstanding the COUNTY'S acceptance Purchase Order number and must be a. or payment for any delivery of goods and/or included on each package of less than ce services, or any similar act by VENDOR. container load (LCL) shipments and/or E with each car load of equipment. The .L 3. Inspection COUNTY reserves the right to refuse or o All goods and/or services delivered return any shipment or equipment at T— hereunder shall be received subject to the VENDOR'S expense that is not marked c COUNTY'S inspection and approval and with Purchase Order numbers. o payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made m adjustment for shortage or rejection. All under this Purchase Order and the full c defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase T.0- at VENDOR'S expense. Order number and any other specific co information as identified on the co To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date te+a COUNTY prospectively reserves the right to of receipt of goods or from date of E cancel the entire remainder of the Purchase receipt of invoices, whichever is later. 5.51 Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 18 Packet Pg. 2870 16.F.10.a 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for too nonconforming goods and/or services is not goods and/or services, or appropriate or a, a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other rt upon further compliance with all identifying marks or property without the •• specifications. prior written consent of the COUNTY'S 000 Purchasing Department. 00 6. Changes The COUNTY may at any time and by c written notice make changes to drawings 10. Indemnification cv and specifications, shipping instructions, VENDOR shall indemnify and hold harmless c) quantities and delivery schedules within the the COUNTY from any and all claims, o a. general scope of this Purchase Order. including claims of negligence, costs and ce Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or o performance of the Purchase Order, an related to the injury or death of any person o equitable adjustment in the price and/or (including but not limited to employees and c a) delivery schedule will be negotiated by the agents of VENDOR in the performance of d COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to Q the foregoing, VENDOR has an affirmative property (including property of the COUNTY ce obligation to give notice if the changes will or other persons), which arise out of or are E decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty(30) provided hereunder. = days from the date the change is ordered or C= within such additional period of time as may 11. Warranty of Non-Infringement c be agreed upon by the parties. VENDOR represents and warrants that all o goods sold or services performed under this c 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any c and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c)do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless co will be of satisfactory material and quality the COUNTY from and against any and all ,;.; production, free from defects and sufficient claims, including claims of negligence, costs aa) for the purpose intended. Goods shall be and expense, including but not limited to E delivered free from any security interest or attorneys' fees, which arise from any claim, o other lien, encumbrance or claim of any third suit or proceeding alleging that the a party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 19 Packet Pg. 2871 16.F.10.a If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete co delivery of the goods and/or services to the (.9 12. Insurance Requirements COUNTY. t— The VENDOR, at its sole expense, shall a. provide commercial insurance of such type 15. Assignment u_ and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due w Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without to of the VENDOR. All insurance policies shall such consent shall be deemed void. , be executed through insurers authorized or `.' eligible to write policies in the State of 16. Taxes n Florida. Goods and services procured subject to this c Purchase Order are exempt from Florida u_ 13. Compliance with Laws sales and use tax on real property, transient = In fulfilling the terms of this Purchase Order, rental property rented, tangible personal o VENDOR agrees that it will comply with all purchased or rented, or services purchased o federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from ac) and ordinances that are applicable to the federal excise tax. ai conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations ce American with Disabilities Act and all The COUNTY'S performance and obligation E prohibitions against discrimination on the to pay under this Purchase Order shall bey basis of race, religion, sex creed, national contingent upon an annual appropriation of c 0 origin, handicap, marital status, or veterans' funds. I- status. Further, VENDOR acknowledges -c ii without exception or stipulation shall be 18. Termination o fully responsible for complying with the This Purchase Order may be terminated at c provisions of the Immigration Reform and any time by the COUNTY upon 30 days m Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This c 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by co by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure c w unilaterally terminate said agreement within 10 days of receipt of such notice. E immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General m material and substantial breach of the a) This Purchase Order shall be governed Q contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 20 Packet Pg. 2872 16.F.10.a b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and /or conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap a. delivery and will be deemed effective the Terms and Conditions of the u_ upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are 00 sender. A party may change its address most favorable to the County and/or 0O for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. C, d) The Vendor agrees to reimbursement of v any travel expenses that may be 0 0. u` 0 CU a> U, v 0 E N 0 Ca 0 a7 d•+ to L. a) E U rr 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 21 Packet Pg. 2873 16.F.10.a Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all r damages covered by property insurance provided herein, except such rights as they may have to the 71) 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 a 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. 03 Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." N 0 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall o name Collier County, Florida, as an additional insured as to the operations of Vendor under this a. solicitation and shall contain a severability of interests provisions. cc c 0 Collier County Board of County Commissioners shall be named as the Certificate Holder. The w Certificates of Insurance must state the Contract Number, or Project Number, or specific Project 0 description, or must read: For any and all work performed on behalf of Collier County. The a) "Certificate Holder" should read as follows: t rz Collier County N Board of County Commissioners c Naples, Florida 1— The amounts and types of insurance coverage shall conform to the minimum requirements set forth o in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under ' any of the below listed minimum required coverage, Vendor must identify on the Certificate of _c 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 G 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 E solicitation, whichever is longer. Y w 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 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 22 Packet Pg. 2874 16.F.10.a 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. co If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Q scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of u. 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 co the County to terminate any and all contracts. to 2. Offer Extended to Other Governmental Entities N r0.:1- C) Collier County encourages and agrees to the successful vendor extending the pricing, terms and o conditions of this solicitation or resultant contract to other governmental entities at the discretion of a_ the successful vendor. ce 0 3. Additional Items and/or Services op Additional items and / or services may be added to the resultant contract, or purchase order, in c compliance with the Purchasing Policy. all cc 4. County's Right to Inspect N •L c The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site F° during and after each work assignment the Vendor is performing. c 0 5. Vendor Performance Evaluation c L d .V The County has implemented a Vendor Performance Evaluation System for all contracts awarded in c excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 6. Additional Terms and Conditions of Contract Y CD Collier County has developed standard contracts/agreements, approved by the Board of County E Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County o contract within twenty one (21) days of Notice of Selection for Award. The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager: 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 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 23 Packet Pg. 2875 16.F.10.a 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. 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 u_ 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). 00 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this v contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. o a U. The County's project manager, shall coordinate with the Vendor/Contractor the return of any surplus cc assets, including materials, supplies, and equipment associated with the scope or work. o 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, cc 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. c 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(@,collierclerk.com. F f0 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. 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 24 Packet Pg.2876 16.F.10.a • 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 a the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) u_ Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) •• unless specifically authorized by the Project Manager. 00 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt co and approval of invoices submitted on the date of services or within six (6) months after completion N of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. LL 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. a 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 75 any payment for work not performed or for unsatisfactory performance of Contractual requirements. o 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and to 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. 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 25 Packet Pg. 2877 16.F.10.a All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. n All State Certified contractors who may need to pull Collier County permits or call in inspections must •; complete a Collier County Contractor License registration form and submit the required fee. After 00 registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. `O If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at(239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252- u_ 2477. 0 w 10. Principals/Collusion c By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person 0. other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a v, Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County 0 It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be a; considered employees or agents of the County, and that the County shall be at no time legally E responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. u).12. Termination a) Should the Vendor be found to have failed to perform his services in a manner satisfactory to the E County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty(30) day written notice. The County shall be sole judge of non-performance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 26 Packet Pg. 2878 16.F.10.a Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. �o a 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) u_ In order to be considered for award, firms must be registered with the Florida Department of State co Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number N shall be identified. Firms who do not provide the certificate of authority at the time of response shall c be required to provide same within five (5) days upon notification of selection for award. If the firm o cannot provide the document within the referenced timeframe, the County reserves the right to award aL to another firm. ce 0 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this E° requirement will be deemed non-responsive and rejected from further consideration. 0 17. Survivability Bids (ITBs/RFPs): The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 16-6611 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 18. Protest Procedures s Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 27 Packet Pg.2879 16.F.10.a and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity a. for the construction or repair of a public building or public work; may not submit bids, proposals, or u_ replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. N 0 20. Security and Background Checks o a u_ If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background cc checks by the Collier County Facilities Management Department, and drug testing for all employees o that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP c document. Disclosure of any potential or actual conflict of interest is subject to County staff review o and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees tp 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 E the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Affidavit Certification 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 28 Packet Pg. 2880 16.F.10.a 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 ^T Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of ct 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 ao 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. a. u_ Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all cc purchases not covered under the "Exceptions to the program" clause above. o For additional information regarding the Employment Eligibility Verification System (E-Verify) program a visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to a 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 o agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local to businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. 0 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 16-6611—International Tourism Representation RFP_Non_CCNATem plate_01202016 29 Packet Pg. 2881 16.F.10.a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local a businesses in the following manner. cc For all purchases of commodities and services procured through a competitive proposal process co and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified N under subsection 11 B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which Tr are subject to Section 11.45, F.S.) shall not be subject to this local preference section. a U- The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. o Failure on the part of a vendor to submit this Affidavit with their proposal response will N preclude said Vendor from being considered for local preference under this solicitation. CL 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. O 0 f a a) RS 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 30 Packet Pg. 2882 16.F.10.a Caber County Administrative Services Department Procurement Seiprices ayslor Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. a We are not responding to Solicitation 16-6611 — International Tourism Representation for the following reason(s): v: co co ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) o a ❑ Project is too small. �I Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: c ce ❑ Other reason(s): F- c O co c L a) c Name of Firm: Address: City, State, Zip: m E Telephone: Email: Representative Signature: Representative Name: Date 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 31 Packet Pg. 2883 16.F.10.a Col,iier County Acministrative Servic s Department Procuement Services Division Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. co ❑ All applicable forms have been signed and included, along with licenses to complete the a requirements of the project. u_ fl Any addenda have been signed and included. co ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 u. Attn: Adam Northrup, Procurement Strategist ce ❑ The mailing envelope must be sealed and marked with Solicitation 16-6611and 06/02/2016; 3:00PM. a) ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) cc N ❑ If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: E Telephone: Email: Representative Signature: Representative Name: Date 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 32 Packet Pg. 2884 16.F.10.a Caber County Administrative Services Department Procurement Services 0,,ston Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity(financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been CD fully disclosed. a Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the u_ Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. 00 Firm: cv Signature and Date: Print Name a ec Title of Signatory03 State of ce County of SUBSCRIBED AND SWORN to before me this day of , 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification _ Notary Public cc tc My Commission Expires r c J.d 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 33 Packet Pg. 2885 16.F.10.a Collier Co'rutty Administrative Services Department Procurement Services Division Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 cn to RE: Solicitation: 16-6611 —International Tourism Representation n. u_ Dear Commissioners: 00 00 The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or to fraud. N 0 The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of ce all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the o proposal documents listed by Solicitation: 16-6611 — International Tourism Representation. a� a) L Q NC) E N •i 0 R 0 cC C) r (Proposal Continued on Next Page) E U fC 16-6611 —International Tourism Representation RFP_N o n_CC N AT em p l ate_01202016 34 Packet Pg. 2886 16.F.10.a PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number Q. CCR# or CAGE Code Telephone: vco ao FAX: "r co Signature by: v (Typed and written) Title: a. a u_ Additional Contact Information Send payments to: :. (required if different from above) Company name used as payee Contact name: y a) Title: m cc Address: City, State,ZIP To Telephone: co FAX: d Y Email: Office servicing Collier 7 County to place orders (required if different from above) Contact name: c a, Title: 0 Address: City, State,ZIP Telephone: Email 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 35 Packet Pg. 2887 16.F.10.a Collier County Administrative Services Department Procurement Ser ices Division Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 16-6611 —International Tourism Representation (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Li) Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County `9 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 v business with a permanent physical business address located within the limits of Collier County from which the co 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 c limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, o. and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing Li. theircompliance 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 .9 proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. y Vendor must complete the following information: Year Business Established in ['Collier County or ❑ Lee County: E •L Number of Employees(Including Owner(s)or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee(Including Owner(s)or Corporate Officers): 0 If requested by the County, vendor will be required to provide documentation substantiating the information given in = this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: C° Signature: Title: STATE OF FLORIDA 0 ❑ COLLIER COUNTY ❑ LEE COUNTY v Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 B Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 36 Packet Pg. 2888 16.F.10.a Co{!Bier C ops ty Administrative Services Department Procurement Services Division Attachment 6: Immigration Affidavit Certification Solicitation:16-6611 —International Tourism Representation 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 ri 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 co 274A(e) of the Immigration and Nationality Act("INA"). tD 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. a Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration ce 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 o w (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. w Corpany Name C4 Print Name Title E N Signature Daterts 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) c 0 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. 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 37 Packet Pg. 2889 16.F.10.a other Ccn.&rty Administrative Services Department Procurement Services Division Attachment 7: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. co a 1. General Information (provide all information) ft Taxpayer Name (as shown on income tax return) co Business Name (if different from taxpayer name) to Address City N State Zip Telephone FAX Email LL Order Information Remit/Payment Information ca Address Address City State Zip City State Zip FAX FAX Email Email 0 N .L Q 2. Company Status (check only one) _Individual/Sole Proprietor Corporation _Partnership g _Tax Exempt(Federal income tax-exempt entity Limited Liability Company E 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) tD Federal Tax Identification Number(TIN) E (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 16-6611 —International Tourism Representation RFP_Non_CCNATemplate_01202016 38 Packet Pg. 2890 1 6.F.1 0.a 'Collier County Administrative Services Department Procurement Sen.'ass Division Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ❑Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ❑ Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage o Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury a. ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability oo 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier o County, its officers and employees from any and all liabilities, damages, v losses and costs, including, but not limited to, reasonable attorneys'fees and co paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone re employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to 0 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 a of Collier County. w eG 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury&Property Damage, E Owned/Non-owned/Hired; Automobile Included •L 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence '2 noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be g maintained where applicable to the completion of the work. c $ Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence cC°n ca ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate Packet Pg. 2891 16.F.10.a • $2,000,000 per claim and in the aggregate [' Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and 00 insured by the Federal Deposit Insurance Corporation. to 7. 111Performance 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. 00 The Performance and Payment Bonds shall be underwritten by a surety 00 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 CO general policy holders rating and Class V or higher rating as to financial size N 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 W 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. 0.) 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 .s Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance F 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. o ca 11. ® Thirty(30) Days Cancellation Notice required. RLC 4/29/2016 c 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 E Vendor Signature c ca Print Name Insurance Agency Agent Name Telephone Number 16-6611—International Tourism Representation RFP_Non_CCNATem plate_01202016 40 Packet Pg. 2892 16.F.10.a Collier Comity Administrative Services Department Procurement Services Division Attachment 9: Reference Questionnaire Solicitation: 16-6611 —International Tourism Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) cs> Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) 0. Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used .4; in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as o000 a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the ca firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). N If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will o be scored "0." o Project Description: Completion Date: 0- U- Project Budget: Project Number of Days: 0 Change Orders- Dollars Added : Change Orders- Days Added: ca a) Item Citeria Score a 1 Ability to manage the project costs(minimize change orders to scope). 2 Ability to maintain project schedule(complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 0 5 Professionalism and ability to manage personnel. a) 6 Project administration (completed documents, final invoice, final product turnover; c invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. E U 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 41 Packet Pg.2893 16.F.10.a Collier CoMnty Aan finis{native Services Department Procurement Sr ces Division Attachment 10: Region Declaration Solicitation 16-6611 —International Tourism (Submit Form with Response) Indicate region Index Discipline Interest with a Checkmark �o 1 Germany and German speaking regions of Europe 2 United Kingdom and Ireland market co Co Interested parties may bid on one or both regions of this contract. If you are interested in o both the Germany and UK representation, you must submit a separate proposal for each. o n. A submission for both regions cannot be combined into one proposal. 0 :a 0 MM� I.L. 0 T CO Signed by: Date: 151Firm's Name: 16-6611 —International Tourism Representation RFP_Non_CCNATem plate_01202016 42 Packet Pg. 2894 16.F.10.d AGREEMENT 16-6611 for International Tourism Representation (United Kingdom and Ireland) THIS AGREEMENT, made and entered into on this day of 20 , by and between OMMAC Ltd., a registered company in England and Wales, UK, registration number 04967240 and tax ID number (VAT) 851351639; whose business address is Greystones Roughetts Road, West Mailing, Kent, ME19 5XQ, UK, hereinafter called the "Contractor" and Collier County (The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government), a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County" or "CVB" for international representation services on behalf of the County. 12 WITNESSETH: v 00 co 1. AGREEMENT TERM. This Agreement shall be for an initial two (2) year period commencing on October 1, 2016, and terminating September 30, 2018, or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. a The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional two (2) year periods. The County shall give the Contractor written notice of the County's intention to extend 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. STATEMENT OF WORK. The Contractor shall provide professional services for representing Collier County in the United Kingdom, Ireland and other International locations as designated by the County, in accordance with the terms and conditions of ITB #16-6611 and the Contractor's bid referred to herein and made an integral part of this Agreement, and attached Exhibit A, Scope of Services. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the CVB Executive Director or his designee, in compliance with the Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 13 Agreement#16-6611"International Tourism Representati Contractor OMMA' �Q� (United Kingdom and Ireland) Packet Pg.2895 16.F.10.d 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement a flat annual fixed price of One Hundred and Twenty Thousand US Dollars ($120,000.00) paid in advance monthly installment payments and reimbursable expenses based on the fee schedule set forth in Exhibit B, Fee Schedule, and the price methodology as defined in Section 3.1. Payment will be made upon receipt of a proper invoice and upon approval by the CVB Executive Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 3.1 Price Methodology: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. a 3.2 Any County agency may purchase products and services under this Agreement, u_ provided sufficient funds are included in their budget(s). co co 3.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of 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. F 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the Q performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: OMMAC, Ltd. PO Box 316 West Mailing Kent ME19 5XQ UK ATTN: Oonagh McCullagh All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Page 2 of 13 Agreement 416-6611"International Tourism Representati Contractor:OMMA (United Kingdom and Ireland) Packet Pg. 2896 16.F.10.d Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits u_ necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the E. 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 a° 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 co comply with all laws governing the responsibility of an employer with respect to persons o employed by the Contractor. E 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the 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. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for Page 3 of 13 Agreement#16-6611"International Tourism Representation Contractor;OIvAaA (United Kingdom and IrelaefolU Packet Pg. 2897 16.F.10.d 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. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; a Products and Completed Operations and Contractual Liability. ce Special Requirements: Collier County Government shall be listed as the Certificate 00 Holder and included as an Additional Insured on the Comprehensive General Liability Policy. E' F 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 o until the greater of: ten (10) days prior written notice, or in accordance with policy Q 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 c, change in coverage or limits received by Contractor from its insurer, and nothing E' 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. a 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. Page4ofl3 Agreement#16-6611"International Tourism Representatio ContraMM (United Kingdom and Irela er4n Packet Pg.2898 16.F.10.d This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Division. 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and u_ 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 co persons having any such interest shall be employed to perform those services. w 15. 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 — Scope of Services, Exhibit B — Fee Schedule, RFP #16-6611 Scope of Services and Addendum. F 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. ro 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be Page 5 of 13 Agreement#16-6611"International Tourism Representatio Contractor:OMMA ' ., (United Kingdom and Ireland) Packet Pg.2899 16.F.10.d 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 co The Contractor must specifically comply with the Florida Public Records Law to: 9 a. 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 co co 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 a) 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 o 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, co 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, 0 the Contractor shall meet all applicable requirements for retaining public w 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. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and Page 6 of 13 Agreement#16-6611'International Tourism Represent Contractor.0g (United Kingdom and Irela Packet Pg. 2900 16.F.10.d conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to thea. commencement of depositions in any litigation between the parties arising out of this re 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 co 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 E as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate o federal or state courts in Collier County, Florida, which courts have sole and exclusive Q jurisdiction on all such matters. E 24. KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of •— any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. Page 7 of 13 Agreement 416-6611'International Tourism Representation Contractor.OMMAC 90 (United Kingdom and Ireland) Packet Pg.2901 16.F.10.d 26. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 27. 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. u_ All of Contractor's employees and subcontractors must wear Collier County Government ce Identification badges at all times while performing services on County facilities and co 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. cn The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(�colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the o 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. E cn * * * * QY Page 8 of 13 Agreement#16-6611"International Tourism Representation tiU Contractor:OMMAC (United Kingdom and Ireland) Packet Pg. 2902 16.F.10.d 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) OMMAC, LTD. Contractor 9 co By: u_ First Witness Signature �r co co TType/print witness name TType/print signature and titleT Second Witness c a TType/print witness name co E E • 0 a) E pproved as to Form and Legality: u) ssistant County Attorney Zi Print Name Page 9 of 13 Agreement#16-6611"International Tourism Representation C Contractor:0MMAC �0 (United Kingdom and Ireland) Packet Pg. 2903 16.F.10.d Exhibit A— Scope of Work 12-5893 Tourism International Representation Background The Naples, Marco Island, Everglades Convention &Visitors Bureau (CVB), a division of Collier County Florida Government, requires full-time representation services with an experienced International Representation firm. Representation services are desired to support the CVB's efforts to attract visitors to our area. The CVB's brand is relatively new to the International market so the Contractor must maintain and build that brand awareness. Objectives the Contractor is asked to accomplish: a. Increase average length of stay and repeat visitation from the assigned -- region; b. Increase the number of hotel room nights from the assigned markets; a. c. Grow the number of CVB partners listed in tour operator catalogs and on line programs in the assigned region; co d. Grow the number of visitors and their spending from the markets represented; and e. Grow the use of social media channels to interact with our destination. Services requested from the Contractor are for sales, public relations, trade shows, travel industry training, promotions, social media and other services required to showcase the tourism attributes of the Naples, Marco Island, Everglades area of Florida. co 0 The required services are outlined in the scope below. All Tasks listed must be completed at a minimum of once per month unless otherwise indicated. 1. Develop an annual joint marketing plan that is implemented monthly for all services I covered under the Agreement. 2. Coordination of Public Relations efforts with in-country media. 3. Social media services related to in-country communications with trade and consumers. 4. Dedicated phone, fax and e-mail address for the Naples, Marco Island, Everglades CVB. 5. Translation services as required. 6. Contract and maintain storage inventory and distribution services as necessary. Page 10 of 13 Agreement#16-6611"International Tourism CRepr:esentati (UnitedKionngtrdctrnd)IMa n Packet Pg.2904 16.F.10.d 7. Monthly reports will be submitted to the CVB by the 10thof the following month, outlining activities per country with future activity projections and market overviews. 8. Travel Trade Activities: The following are travel and trade marketing activities which the successful firm will perform: a. Participation in trade and consumer shows & events in country, surrounding areas and in the US as necessary. b. Regular communication and destination updates to tour operators, travel agents and media. c. Organize, conduct or participate in travel trade and media familiarization trips in Florida as required and agreed. d. Conduct travel trade training and sales calls to tour operators, airlines and other related organizations in-country and surrounding areas as agreed. e. Assist the CVB and its U.S. based marketing partners and agencies with trade and consumer promotions as agreed. f. Assist with the International marketing promotions and advertising related n. activities in order to maximize the CVB budget. g. Fulfillment of inquiries for CVB publications/literature to trade & consumers via co both Florida based and in-country fulfillment facilities. Y h. Pre-screen and forward travel trade and media leads to the CVB which result from above-mentioned activities. i. Develop and fulfill requests from media and organize and work with CVB in- house PR team on familiarization trips for journalists. j. Maintain close working relationships with Visit Florida, U. S. Travel Association o and other tourism industry associations, including Visit USA organizations as agreed. E k. Create and maintain an up to date country by country trade and consumer `" database. E U Qa-' Page 11 of 13 Agreement#16-6611"International Tourism Representation ( Contractor OMMAC '+O (United Kingdom and Ireland) Packet Pg. 2905 16.F.10.d Exhibit B - Fee Schedule 12-5893 Tourism International Representation Pre-approved expenses related to the various services will be invoiced on a monthly basis as follows: a. Advertising, if necessary, will be billed at net cost (no markup) to the CVB's advertising agency of record. b. Travel expenses such as air, auto rental, hotels and meals will be billed to the CVB at net cost. Air, train travel to be at lowest available coach fare. c. Out of pocket expenses such as storage, printing, courier expenses, parking, phone and fax will be billed monthly at cost. d. Service fee will be invoiced monthly to cover all employee time and other costs and all basic office operating expenses except as indicated above as out-of-pocket expenses. a. Additional expenditures must be authorized by the County by written Change Order to this Agreement executed by the parties. 00 Description Fees'Not-to-Exceed' E ,1 .. Flat Annual Fixed Price (paid monthly) $120,000 2 Reimbursable Expenses — Brochure Distribution $4,000 3 Reimbursable Expenses — Registration Fees/Co- $25,000 E op Hosted Trade Events/Marketing 4 Reimbursable Expenses —Travel Expenses $18,000CD 5 Reimbursable Expenses — Membership Fees $8,000 c 6 Reimbursable Expenses — Social Media, PR $5,000 co Meetings/Networking Reimbursable Expenses — PR and Promotions $20,000 Projects w 1. The Flat Annual Fixed Price for activities for the County shall be United States (U.S.) ten a thousand dollars ($10,0000) per month, shall be billed quarterly in advance by Contractor. 2. Administrative and office costs are included in the above mentioned Flat Annual Fixed Price, including: stationery, insurance and rent for the sales office. The retainer fee does not include the cost of: communication; postage/mailings related to the promotion of the County; travel by car, train, or air for regular sales calls to agents and operators, educational trips and trade shows. The Flat Annual Fixed Price does not include the cost of airfares or any travel in addition to the agreed upon sales calls activity. The Flat Annual Fixed Price is agreed to at the exchange rate of £1 British Pound (GBP) = $1.32 U.S. Dollar. Should the exchange rate fluctuate more than 10% in any given quarter, the Flat Annual Fixed Price will be renegotiated commencing the next quarter. Page 12 of 13 C.9 Agreement#16-6611"International Tourism Representation — Contractor:ONIMAC (United Kingdom and Ireland) Packet Pg.2906 16.F.10.d 3. The cost of travel, entertainment, conversion fees, wire fees and any other bank related charges for conversion of U.S. dollars to GBP will be billed separately at net cost, with no markup, after approval by the CVB Executive Director at the then current exchange rate on the date of invoice. The travel and additional expenses invoice will be converted into U.S. dollars and paid in U.S. dollars. 4. Miscellaneous expenses will be billed at net cost with no mark-up and covers all various mailings costs (e-newsletter and print), production of giveaways and promotional printing. 5. Contractor event expenses will cover participation at Contractor's own Dinner Events and expenses will be billed at net cost with no mark-up. r.. Co Co 0_ 00 00 w C al E a> a) L U t9 E 0 13 a1 E Ri w C a7 E U CC Page 13 of 13 Agreement#16-66I l`International Tourism Representation Contractor:ONIMAC (United Kingdom and Ireland) Packet Pg. 2907 16.F.10.e AGREEMENT 16-6611 for International Tourism Representation (Germany, Switzerland, Austria, the Benelux region) THIS AGREEMENT, made and entered into on this day of 2016, by and between DIAMONDE e.K., a registered company in Stuttgart, Germany registration number HRA 722594 and tax ID number DE222067856; whose business address is Konigstr. 10B, 70173 Stuttgart, Germany hereinafter called the "Contractor" and Collier County (The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government), a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County" or "CVB") for international representation services on behalf of the County. `° LL WITNESSETH: 00 00 1, AGREEMENT TERM. This Agreement shall be for an initial two (2) year period commencing on October 1, 2016, and terminating September 30, 2018, 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 o Agreement under all of the terms and conditions contained in this Agreement for two (2) E additional two (2) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement 0 term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement (i) 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. STATEMENT OF WORK. The Contractor shall provide professional services for representing Collier County in Germany, Switzerland, Austria, the Benelux region and other international locations as designated by the County, in accordance with the terms and conditions of RFP #16-6611 and the Contractor's bid referred to herein and made an integral part of this Agreement, and attached Exhibit A, Scope of Services. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the CVB Executive Director or his designee, in compliance with the Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 13 Agreement#16-6611"International Tourism Representation" Contractor.DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) O�9 Packet Pg. 2908 16.F.10.e 3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement a flat annual fixed price of One Hundred and Twenty Thousand US Dollars ($120,000.00) paid in advance monthly installment payments and reimbursable expenses based on the fee schedule set forth in Exhibit B, Fee Schedule, and the price methodology as defined in Section 3.1. Payment will be made upon receipt of a proper invoice and upon approval by the CVB Executive Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 3.1 Price Methodology: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. a 3.2 Any County agency may purchase products and services under this Agreement, co provided sufficient funds are included in their budget(s). co 3.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond a 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. cts4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter ;; 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: DIAMONDE e.K. Konigstr. 10B 70173 Stuttgart Germany ATTN: Natasa Manic, Owner Telephone: +49 711 91257610 Facsimile: +49 711 91257611 E-mail: natasa@diamonde.de Page 2 of 13 Agreement#16-6611"International Tourism Representation" Contractor.DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux regio C9 Packet Pg. 2909 16.F.10.e AD Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as n an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits 00 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. cp Payment for all such permits issued by the County shall be processed internally by the a, 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 a employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal 0 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. Page 3 of 13 Agreement#16-6611"International Tourism Representation' Contractor.DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) Packet Pg.2910 16.F.10.e 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the 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. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: a 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; co Products and Completed Operations and Contractual Liability. , 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 (7) provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. a Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or Page 4 of 13 Agreement#16-6611"International Tourism Representation" Contractor:DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) Packet Pg. 2911 16.F.10.e anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. a. 13. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Division. 14. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein Q set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A — Scope of 0 Services, Exhibit B — Fee Schedule, RFP #16-6611 Scope of Services and Addendum. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between cn the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. U cc 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. Page 5 of 13 Agreement#16-6611"International Tourism Representation" Contractor:DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) n Packet Pg. 2912 16.F.10.e 18. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(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 9 AT: a Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 03 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 o service. 2. Upon request from the public agency's custodian of public records, provide the o public agency with a copy of the requested records or allow the records to be Q 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 Page 6 of 13 Agreement#16-6611"International Tourism Representation' Contractor:DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) n Packet Pg. 2913 16.F.10.e format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. C9 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to LL this Agreement in compliance with the Procurement Ordinance, as amended, and et Procurement Procedures. CO CO 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an o agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall 0 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 `r) as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. tC 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the Page 7 of 13 Agreement#16-6611"International Tourism Representation" Contractor:DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) C Packet Pg. 2914 16.F.10.e following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 25. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 26. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. a LL 27. 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 co 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 co 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-FMOPSAcolliergov.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. Page 8 of 13 Agreement#16-6611"International Tourism Representation" Contractor:DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) CA Packet Pg. 2915 16.F.10.e 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) DIAMONDE e.K. Contractor a. U- By: First Witness Signature co oo TType/print witness namet TType/print signature and titleT C) E Second Witness TType/print witness nameT 0 sa. Approved as to Form and Legality: as Assistant County Attorney U Print Name Page 9 of 13 Agreement#16-6611"International Tourism Representation' Contractor:DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) CAO Packet Pg. 2916 16.F.10.e Exhibit A— Scope of Work 16-6611 Tourism International Representation Background The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government, requires full-time representation services with an experienced International Representation firm. Representation services are desired to support the CVB's efforts to attract visitors to our area. The CVB's brand is relatively new to the International market so the Contractor must maintain and build that brand awareness. Objectives the Contractor is asked to accomplish: a. Increase average length of stay and repeat visitation from the assigned region; CDb. Increase the number of hotel room nights from the assigned markets; c. Grow the number of CVB partners listed in tour operator catalogs a and on line programs in the assigned region; cc d. Grow the number of visitors and their spending from the markets represented; co and e. Grow the use of social media channels to interact with our destination. Services requested from the Contractor are for sales, public relations, trade shows, travel d industry training, promotions, social media and other services required to showcase the tourism a attributes of the Naples, Marco Island, Everglades area of Florida. The required services are a outlined in the scope below. All Tasks listed must be completed at a minimum of once per month unless otherwise o indicated. a E 1. Develop an annual joint marketing plan that is implemented monthly for all services cn covered under the Agreement. C) E 2. Coordination of Public Relations efforts with in-country media. 3. Social media services related to in-country communications with trade and consumers. 4. Dedicated phone, fax and e-mail address for the Naples, Marco Island, Everglades CVB. 5. Translation services as required. 6. Contract and maintain storage inventory and distribution services as necessary. 7. Monthly reports will be submitted to the CVB by the 10thof the following month, outlining activities per country with future activity projections and market overviews. Page 10 of 13 Agreement#16-6611"International Tourism Representation" Contractor.DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) 7 Packet Pg.2917 16.F.10.e 8. Travel Trade Activities: The following are travel and trade marketing activities which the successful firm will perform: a. Participation in trade and consumer shows & events in country, surrounding areas and in the US as necessary. b. Regular communication and destination updates to tour operators, travel agents and media. c. Organize, conduct or participate in travel trade and media familiarization trips in Florida as required and agreed. d. Conduct travel trade training and sales calls to tour operators, airlines and other related organizations in-country and surrounding areas as agreed. e. Assist the CVB and its U.S. based marketing partners and agencies with trade and consumer promotions as agreed. f. Assist with the International marketing promotions and advertising related activities in order to maximize the CVB budget. g. Fulfillment of inquiries for CVB publications/literature to trade & consumers via both Florida based and in-country fulfillment facilities. n. h. Pre-screen and forward travel trade and media leads to the CVB which result from CE above-mentioned activities. i. Develop and fulfill requests from media and organize and work with CVB in-house PR co team on familiarization trips for journalists. j. Maintain close working relationships with Visit Florida, U. S. Travel Association and 6) other tourism industry associations, including Visit USA organizations as agreed. Q) k. Create and maintain an up to date country by country trade and consumer database. 0 E t4 0 N IZ E (A :C.; tv E U to Page 11 of 13 Agreement#16-6611"International Tourism Representation" Contractor.DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) CAO Packet Pg. 2918 16.F.10.e Exhibit B - Fee Schedule 16-6611 Tourism International Representation Pre-approved expenses related to the various services will be invoiced on a monthly basis as follows: a. Advertising, if necessary, will be billed at net cost (no markup) to the CVB's advertising agency of record. b. Travel expenses such as air, auto rental, hotels and meals will be billed to the CVB at net cost. Air, train travel to be at lowest available coach fare. c. Out of pocket expenses such as storage, printing, courier expenses, parking, phone and fax will be billed monthly at cost. d. Service fee will be invoiced monthly to cover all employee time and other costs and all basic office operating expenses except as indicated above as out-of-pocket expenses. n Additional expenditures must be authorized by the County by written Change Order to this Agreement executed by the parties. co Description Fees Not-to-Exceed L1Flat Annual Fixed Price (paid monthly) $120,000 2 Reimbursable expenses— Office $0.00 included in the flat annual fixed price above 3 Reimbursable Expenses—Travel $18,000 4 Reimbursable Expenses — Registration $55,000 5 Reimbursable Expenses — Miscellaneous $4,500 ry 6 Reimbursable Expenses — Contractor's Event $2,500 cn 1. The Flat Annual Fixed Price for activities for the County shall be United States (U.S.) ten thousand dollars ($10,0000) per month, shall be billed monthly in advance by Contractor. 2. Administrative and office costs are included in the above mentioned the Flat Annual Fixed Price including: cost of communication, stationery, daily postage and printing for the sales tt office. The Flat Annual Fixed Price is agreed to at the exchange rate of€1 Euro = $1.12 U.S. Dollars. Should the exchange rate fluctuate more than 10%, the Flat Annual Fixed Price will be renegotiated. 3. The cost of travel and entertainment will be billed at net cost, with no mark-up, separately to the Flat Annual Fixed Price in arrears, after approval by the CVB Executive Director or his designee at the then current exchange rate on the date of invoice. The travel and additional expenses invoice will be converted into U.S. dollars and paid in U.S. dollars. A per diem charge applies as follows: Germany: €24 per day of travel Page 12 of 13 Agreement#16-6611 international Tourism Representation' Contractor;DIAMONDE e.K. (Germany,Switzerland,Austria,the Benelux region) Packet Pg. 2919 16.F.10.e Netherlands: €46 per day of travel Belgium: €41 per day of travel Austria: €36 per day of travel Switzerland: €62 per day of travel Luxemburg: €39 per day of travel France €58 per day of travel (Official German per diem rates for travel) Mileage will be reimbursed at a rate of U.S. $ 0.585 per mile. Sales agent functions as requested in writing by the County, will be in addition to the fees above and billed separately, upon agreement with the County. Co-op promotion costs will be invoiced independently of fees and other expenses and should not be incurred without the CVB Executive Director or his designee's prior written approval. 4. Miscellaneous expenses will be billed at net cost with no mark-up and covers all various 00 mailings costs (e-newsletter and print), production of giveaways and promotional printing. • 5. Contractor event expenses will cover participation at Contractor's own Dinner Events and 00 expenses will be billed at net cost with no mark-up. co c) E a, L l) d p E a) as (I) V Q1 F U Page 13 of 13 Agreement#16-6611"International Tourism Representation" Contractor.DIAMONDE e.K. 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