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Agenda 09/09/2014 Item # 11C 9/9/2014 11.C. EXECUTIVE SUMMARY Recommendation to approve the award of Request for Proposal 14-6295 Tourism Marketing and Promotion to Paradise Advertising and Marketing, Inc.; authorize the Chairman to execute a contract which has been reviewed and approved by the County Attorney; and make a finding that this action promotes tourism. OBJECTIVE:, To provide continuing advertising and marketing services which promote Collier County as a worldwide visitor destination. CONSIDERATIONS:, The current Collier County tourism contract expires on September 30, 2014. The Tourism Department wanted to continue the momentum of visitors coming to Florida and issued a Request for Proposal (RFP) seeking a full service advertising, promotion, marketing and digital agency with extensive experience in marketing tourism destinations in various local, regional, national and international target markets. While the resultant contract is primarily used by the Tourism Department, other operating departments may utilize this contract for similar services. On May 12, 2014, the Purchasing Department issued RFP 14-6295 for Tourism t""N. Marketing and Promotion Services to represent the Collier County Tourism Department efforts as they promote the County worldwide as the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB). The RFP was sent to one thousand eighty four (1,084) vendor email addresses. A pre-proposal conference was held on May 28, 2014 to answer questions from prospective firms. A five (5) member selection committee was appointed by the County Manager; the committee was represented by members from Tourism, the Office of Management and Budget, Public Services and the Chamber of Commerce. Five firms responded to the RFP including: Evok Advertising and Design, Inc, Greenfield Advertising Group In Guerilla Media LLC, Paradise Advertising and Marketing Inc, and Spark Branding House, and presented their proposals to the County based on the solicitation request. The selection criteria was pre-scored by the Purchasing Department using the methodology identified in the solicitation document; this was then distributed for consideration to the selection team members. The proposals were reviewed by each of the selection committee members independently; and the committee's evaluative comments were discussed at the selection committee meeting on July 15, 2014 in the County Purchasing Department. The Selection Committee unanimously ranked Paradise Advertising and Marketing, Inc. as the number one (1) proposer, and overwhelmingly concurred Packet Page-260- 9/9/2014 11.C. that they were the most qualified firm. In accordance with Collier County Purchasing Policy, standard County agreement was reviewed and approved by the County Attorney and negotiated by staff. The contract established the following: • Tourism Department: Paradise Marketing will invoice a fixed fee of ten (10%) of the Board approved Tourism Department budget equally divided across the twelve (12) months of the fiscal year; for this commission, Paradise will provide five hundred seventeen (517) hours of services per month; and, all other services will be invoiced according to the methodology described in the contract. • Operating Departments: Paradise Marketing will invoice for lump sum (or time and material) services plus a ten (10%) fixed fee. Staff is seeking Board approval of the negotiated agreement. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. —CMG ADVISORY BOARD RECOMMENDATION: The Tourist Development Council voted 6- 0 to recommend approval of the selection of a contract with Paradise Advertising and Marketing, Inc. at the July 28, 2014 meeting. FISCAL IMPACT:, Funds for Marketing Services is in the proposed Tourism Department budget for FY 15. The projected annual contract budget is $4,400,000 consisting of$4,000,000 in media and production and $400,000 in service fee. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management plan with this action. RECOMMENDATION: That the Board approves the award of Request for Proposal 14-6295 Tourism Marketing and Promotion to Paradise Advertising and Marketing, Inc.; authorizes the Chairman to execute a contract which has been reviewed and approved by the County Attorney; and makes a finding that this action promotes tourism. SUBMITTED BY: Jack Wert, Tourism Director Packet Page-261- 9/9/2014 11.C. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.C. Item Summary: Recommendation to approve the award of Request for Proposal 14-6295 Tourism Marketing and Promotion to Paradise Advertising and Marketing, Inc.; authorize the Chairman to execute a contract which has been reviewed and approved by the County Attorney;and make a finding that this action promotes tourism. Meeting Date: 9/9/2014 Prepared By Name: GreenKelly Title:Tourist Development Tax Coordinator,Tourism 8/26/2014 9:42:45 AM Approved By Name: WertJack Title:Director-Tourism,Tourism Date: 8/26/2014 12:07:14 PM Name:NorthrupAdam Title: Procurement Specialist,Purchasing&General Services Date: 8/28/2014 3:33:57 PM Name: HerreraSandra Title:Procurement Specialist,Purchasing&General Services Date: 8/29/2014 8:11:33 AM Name: HerreraSandra Title: Procurement Specialist,Purchasing&General Services Date: 8/29/2014 9:21:58 AM Name: GreeneColleen Title:Assistant County Attorney, CAO General Services Date: 9/2/2014 3:48:17 PM Name: KlatzkowJeff Title: County Attorney, Packet Page-262- 9/9/2014 11.C. Date: 9/2/2014 4:22:00 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 9/2/2014 4:38:08 PM Name: OchsLeo Title: County Manager,County Managers Office Date: 9/3/2014 9:06:55 AM Packet Page-263- 9/9/2014 11 .C. O © O O O Y O O O O O C C O O O O O it a' r N M ct xi O <— N M LO Q1 ca I a) a ▪ N CO •:t In C a) u) O 4+ a) ` C: rr 0 -C m E uj v 0 O c N M L.) U Y O • rt o d a) is c..) , a� c Z –1 co 0 - N CO 't LC) i-{ fNV ,-. m0° .1. Lf) - N M LCD C ti C I. 0 W a) Y Ca" O aa) 2 0 cn a) c c c ca C , O — 0 E 0 o c — a 0 -0 _ c c m as ▪ C O c .c o n CD LL 7 m CD co Y O "a ca a) c oo o ( U U) z A cn 2 E E cm —J Q Z g °'' N Z > 0 - C — 'C -o f "a Q a) t $ O Q > C mit\I a. CL; 2 -8 cu a)) 45 2 ~ =p Q - C = L Ce � o_ wcnOCD a Packet Page -264- 9/9/2014 11 .C. REQUEST FOR PROPOSAL Count Administrative Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 14-6295 Tourism Marketing and Promotion Joanne Markiewicz, Procurement Director 239-252-8975 (Telephone) 239-252-6480 (Fax) joannemarkiewicz @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. c Fuming Gep„ enl•3327 Tamiami Trai'.East•Naples,Florida 34112-4901•www.colliergov.net/purchasing Packet Page -265- 9/9/2014 11.C. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 18 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 22 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 26 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 34 ATTACHMENT 2:VENDOR CHECK LIST 36 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 37 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 38 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 40 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 42 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 43 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 44 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATem plate_04152014 2 Packet Page-266- 9/9/2014 11.C. Ca i r Coway Administrative Services Division Purchasing Legal Notice Sealed Proposals to provide Tourism Marketing, and Promotion services will be received until 12 Noon Naples local time, on 6/12/2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 14-6295 Tourism Marketing and Promotion Services Services to be provided may include, but not be limited to the following: marketing, promotion and advertising services. A non-mandatory pre-proposal conference will be held on 5/28/14, commencing promptly at 10:30AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. The Purchasing Department will also coordinate the non-mandatory meeting on-line using the following link: https://lynccolliergov.net/Meet/joannemarkiewicz/6BNZVOHJ All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on 5/12/2014. M't.,1.If J Purolasing Dom'3301 Tamiami Trail East•gales.Florida 34112•www.tmfliergov,netipurchasing 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATemplate_04152014 3 Packet Page-267- 9/9/2014 11 .C. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Tourism Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The Naples, Marco Island, Everglades Convention &Visitors Bureau (CVB) is a part of the County Manager's Agency at Collier County Government. The CVB, with oversight by the Tourist Development Council (TDC) markets and promotes the entire County as a worldwide tourist and meetings destination. The CVB is seeking a full service advertising, promotion, marketing and digital agency with extensive experience in marketing tourism destinations in various local, regional, national and international target markets. The agency should have expertise in domestic and international television, magazine, newspaper and radio advertising, social media and digital marketing and in planning and implementing cooperative advertising and promotional programs and events. Background Collier County is located in Southwest Florida. Naples, the seat of Collier County, is about twenty five (25) miles south of Fort Myers and the Southwest Florida International Airport (RSW). The full time population of Collier County is about three hundred twenty thousand (320,000) although a seasonal peak of about four hundred fifty thousand (450,000) occurs between January and April. The structure of the Collier County Government is based on the standard constitutional form of county governments in Florida. Visitors have much to discover along Florida's Paradise Coast of Naples, Marco Island &the Everglades, and will find an escape, serenity and relaxing beachside fun along the Gulf of Mexico in beautiful Southwest Florida. Visitors will also enjoy pristine natural wilderness perfect for bird watching or outdoor adventure in the world famous Everglades. Additionally, the area offers wide, white sand beaches, exceptional accommodations, family attractions, world-class dining, arts and culture and excellent shopping. The CVB promotes the destination to adult consumers with discretionary travel dollars, to travel industry professionals such as meeting planners, travel agents and tour operators, and to golfers, fishermen, and nature and culture enthusiasts. The budget for the CVB is determined from the tourist development tax collections on short-term lodging (six months or less)within Collier County. A predetermined allocation of the tax collected directs funds to various uses including promotion and advertising, beach renourishment, beach park 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATem plate_04152014 4 Packet Page-268- 9/9/2014 11.C. facilities and County owned museum operation. The CVB has determined that Public Relations and Media Relations activities will be handled by internal staff and through a separately contracted outside Public Relations firm. Historically, the CVB has had a destination marketing annual budget of approximately two million ($2) to three ($3) million dollars. Emergency/Disaster Recovery Advertising is funded from a special reserve account and these funds will be utilized on an as-needed basis as approved by the Board of County Commissioners. The successful firm will be responsible for developing and implementing the annual Emergency Communications Plan as needed. Additionally, other departments within the County Manager's operation (i.e. Museum, Parks and Recreation, Libraries, etc.) may be allocated budget dollars for advertising, promotion and Public Relations. Those marketing dollars will be from separate funds and if used, will be under a separate purchase order after proposal(s) are received under the resultant contract. Detailed Scope of Work The CVB is seeking a full service advertising, promotion, marketing and digital agency with extensive experience in marketing tourism destinations in various local, regional, national and international target markets. The agency should have expertise in domestic and international television, magazine, newspaper and radio advertising, social media and digital marketing and in planning and implementing cooperative advertising and promotional programs and events. While the successful firm will be acting in an independent contractor role, the County will: • Provide temporary work space, access to telephone and Internet service while on County property at County's expense. • Own all promotion, marketing and advertising campaign materials, film, negatives, videos, art, etc. • Retain ownership and the right to use any materials generated by the agency in any other CVB material generated by CVB personnel and may do so without agency consent or approval. The CVB acknowledges certain legal constraints require universal releases unless cost considerations become prohibitive (such as model releases, music, photographs, etc.) and retains sole right to use materials created for the CVB as it sees fit. • Pre-approve any advertisement or promotional material use. • Pre approve any advertising, production or media expenditure created or distributed by the successful firm. • Reimburse travel expenses related to executing the marketing plan elements or production of advertising or promotional materials as outlined in FS 125.0104 and County Resolution 2006- 40. The successful firm will be responsible to provide (this list is not exhaustive and is intended to be illustrative in nature) the following: • An annual marketing plan and a long term strategic plan • An advertising campaign which will allow for the broadest possible exposure into international and domestic markets within the available budget maximizing the usage of cooperative and tag-on advertising, as well as identifying promotional and value added opportunities; 14-6295 Tourism Marketing and Promotion RF P_N on_CCNATemplate_04152014 5 Packet Page-269- 9/9/2014 11.C. • Develop, nurture and promote target consumers, meeting planners and trade professionals such as travel agents and tour operators; and, • Be knowledgeable and provide extensive industry research models,for use in targeting strategic audiences and to determine and report return on investment of all campaigns and activities. Explore and provide possible joint-advertising programs which would match the CVB with travel related advertisers, e.g., airlines, auto rental centers, credit card companies, luggage companies, suntan product manufacturers, etc., as well as regional promotions with other destinations. 1. Provide advertising, marketing and promotional services which promote Collier County as a tourist destination worldwide. 2. The firms, and all of its agents and subcontractors, are expected to comply with Florida Statute 125.0104 and the County's Ordinance 92-60 as amended and County Resolution 2006-40. 3. Provide a "lead" contact person/project manager to the County; an individual who shall serve as a first point of contact. The Collier County Tourism Director or designee, at their sole discretion, shall approve the appointment of the "lead" contact person /project manager. 4. Services up to four($4) million annually: For marketing and advertising services provided up to four ($4) million dollars in paid media and production, the County will pay an "agreed upon annual fixed service rate" in twelve (12) installments in lieu of media commissions. This fixed service rate will include account service time, media research, buying and verifying, accounting, administrative and other internal operating costs. The $4 million will be comprised of paid media, printing, photography and video production. Service above four($4) million annually: For marketing and advertising services above the $4 million amount, the firm will charge a "fixed commission rate" as negotiated by the County. The agency must be willing to work on a fee for service basis including all staff time, billing only for creative time and net out-of- pocket expenses. No markup will be applicable for vendor or sub-contracted services. The firm will provide quotes and invoices for each of those services/projects which will include: a. A project quote estimate that includes the number of hours by each position (hourly rate)the extended total, and any anticipated subcontractor hours and rates, travel, and miscellaneous charges such as expenses relating to "photo shoots,"wardrobe, television or radio ads, special printing or service charges, etc. at no additional mark-up or surcharges fees (at cost fees); b. An invoice which matches the quote estimate and includes the number of hours by each position (with their hourly rate) and the extended total for payment and "at cost" invoices. c. Provide a copy of the advertising, promotional and marketing information or documentation of paid media delivered such as affidavits. 5. Retain a permanent full-time staffed office within Collier County. . Other branch offices or the main office will be considered as part of the total corporate entity of the agency. 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATem plate_04152014 6 Packet Page-270- 9/9/2014 11 .C. 6. Pay media and production invoices/bills upon demand from suppliers with a full understanding that it will not be reimbursed until the service has been performed and/or the promotion/advertisement has appeared and proof of performance has been supplied to and accepted by the County. 7. Prepare reports required by the County and submit said reports as requested, including formal presentations monthly to the Tourist Development Council (TDC) at the agency's expense. Establish and maintain a system of records, books, and accounts in a manner satisfactory to the County, which is consistent with and for the durations mandated by the affordability period. The selected firm will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by the firm for a minimum of five (5)years from the date of termination of this Agreement. The County, or any duly authorized agents or representatives of the County, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided however, such activity shall be conducted only during business hours. 8. Understand that they may subcontract a portion of this work to meet expertise or timelines for the County. Similarly, the County reserves the right to contract/ utilize other service providers during the term of this contract for similar advertising, promotional or marketing materials or services. 9. Participate in certain meetings, discussions, project site visits, workshops and hearings, which pertain to the administration of the services being provided and report results to the Board at the agency's expense. 10. Obtain travel compensation for programs and events per Florida Statute 125.0104 and County Resolution 2006-40. 11. Obtain pre-approval on stock materials, including, but not limited to stock photos, voice talent, models, clothing, etc. The firm must provide evidence of any restrictions, terms and conditions, or other considerations prior to use. Term of Contract The contract term, if an award(s) is/are made is intended to be for two (2) years with an option to renew for two (2) additional two (2) year terms. Prices/hourly rates shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made thirty (30) days prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Projected Solicitation Timetable 14-6295 Tourism Marketing and Promotion R F P_Non_CC NATemplate_04152014 7 Packet Page-271- 9/9/2014 11 .C. The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 5/12/2014 Non-Mandatory Pre-Solicitation Meeting 5/28/2014, 10:30 AM, Purchasing Office, 3327 Tamiami Trail E, Naples, FL 34112 Last Date for Receipt of Written Questions 5/30/2014, 12Noon, Naples Local Time Addendum Issued Resulting from Written Questions or Pre- To be determined Proposal Conference (if needed) Solicitation Closing Date and Time 6/12/2014, 12 Noon, Naples Local Time Evaluation of Submittals June —July 2014 Vendor Presentations August 2014 Completion of Contract Negotiations and Requested Approval August- September by the Board of County Commissioners 2014 Expected Contract Start Date 10/1/2014 Response Format __ The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 14-6295 Tourism Marketing and Promotion R F P_N o n_C C N ATe m p l ate_04152014 8 Packet Page -272- 9/9/2014 11 .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. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. Include the following: • Name; • Address; • Telephone number; • FAX number; • Email address of the authorized contact person(s) concerning proposal, and • List all proposed subcontractors who may participate on the team to supplement the firm's service (this list is not intended to be all inclusive through the term of the contract). 2. Tab 2, Company Experience and Profile (30 Points) • 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. • 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) 3. Identify the number of similarly sized contracts that the firm currently has in its portfolio in Florida. • Provide a list of any other contractual obligations (number of in Florida. contracts) 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 (1/1/2009— 12/31/2013). (number of new clients in past five • Provide a list of those new public/governmental years) 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATem plate_04152014 9 Packet Page-273- 9/9/2014 11 .C. clients and a brief description of the scope of work. 5. Indicate the number of full time employees in the company. (number of employees) 6. Indicate the number of dedicated representatives that will be assigned to this account. If less than one, identify the percent of time by using a decimal (i.e. .25, .50, etc.) • Identify and attach a resume of the primary point of contact for the resultant contract. (number of • Attach a copy of all resumes or profile information dedicated of any other firm member who may be engaged in representatives) this account. • Provide subcontractor resumes or profile information who may be involved in this agreement. TOTAL (Total all line items, 1 —6, from above and indicate response) (TOTAL) Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Firm's information provided in this area: • The County shall total each of the Firm's scores and create a ranking from highest total to lowest total. • The highest number of points will be awarded to the Firm who has the highest total. • For all other criteria points, the Firm's total will be divided by the highest Firm's total which will then be multiplied by the criteria points within this section 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). 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 30 Firm DEF 187 23 Firm GI-II 162 20 Firm JKL 125 15 Firm MNO 125 15 Firm PQR 42 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 14-6295 Tourism Marketing and Promotion R F P_N o n_C C N ATem p l ate_04152014 10 Packet Page-274- 9/9/2014 11 .C. Consultant. The Selection Committee members may, at their sole discretion modify the points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab 3, Specialized Expertise and Creative Expertise (30 Points) • Describe the proposed team and identify the strategies, goals and objectives of the work performed by the firm. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. • Attach brief resumes of all proposed sub-contractors who are known at the time of submittal and who may be used in the execution of this work. This does not preclude from adding additional sub-consultants at a later date. • Provide a plan /approach to the scope of work, indicate markets that the firm has strength in with various promoters, advisers, tour companies, etc. • Provided a recommended year 1 strategy for implementation of the plan/approach. • Provide a narrative, or demonstrate through sample work, the firm's creative expertise to attraction of and recruiting new visitors to Southwest Florida. • Provide a narrative, or demonstrate through sample work, the firm's creative expertise and ideas to the retention of visitors returning to Southwest Florida. 4. Tab 4, Cost of Services (20 Points) 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. Scenario: The County expects to spend approximately four to five ($4—5) million dollars annually for the advertising, marketing and promotional services. With that in mind, the County is requesting that the consultant complete the price /cost scenarios below, and complete the math calculations that are noted. Item Item Description Example Firm's Response 1. Provide the firm's annual fee for advertising, $400,000 marketing and promotional materials up to four ($4) million dollars. (This fee will be the annual fee (Firm's fixed (Firm's price price services for up to the amount identified in item annual price annual rioo guarantee up to guarantee up to #2 below unless there is further negotiation with $4 million) $4 million) the highest ranked firm after final rankings.) • Provide a detailed description of the services included in this fee. Example: The firm enters $400,000 as the annual fee. 2. Enter the results of subtracting the firm's annual $3,600,000 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATem plate_04152014 11 Packet Page-275- 9/9/2014 11 .C. fee from four ($4) million dollars. The results are (County's (County's the County's actual advertising dollars available. anticipated anticipated annual annual Example: The firm will subtract$400,000 from advertising advertising $4,000,000 and enter in $3,600,000 worth of dollars) dollars) advertisement, promotion and marketing value to the County. 3. Provide the firm's fixed rate commission .085 percentage for any advertising, promotional or (Fixed (Fixed marketing materials above the County's commission rate commission rate anticipated advertising dollars identified in item #2. above annual above annual Example: The firm may enter in a commission rate fixed rate) fixed rate) of.085 for all anticipated advertising, promotion and marketing value from above $4,000,000. 4. Anticipated additional budget. $1,000,000 $1,000,000 (Additional (Additional budget) budget 5. Enter the results of the cost of the firm's services $85,000 by multiplying Item #3 with Item #4. (Commission (Commission Example: Multiply.085 x$1,000,000 = $85,000. rate cost) rate cost) 6. Enter the results of subtracting the cost of the $915,000 firm's services result from Item #5 from Item #4 to (Available (Available see available advertising dollars. advertising advertising Example: Subtract$85,000 from $1,000,000 = dollars) dollars) $915,000. TOTAL: Enter the results by adding Item #2 plus Item $4,515,000 #6 to determine TOTAL Advertising, Promotional and (County's (County's Marketing Dollars available to the County(assuming a annual available annual available $5,000,000 budget). advertising advertising Example:Add$3,600,000 with $915,000 to identify the dollars) dollars) total of$4,515,000. • Provide and submit the following Hourly Rate Schedule and any comments / notes for all other positions requested (NOTE: these rates will not be included in the evaluation criteria or award determination.) They will only be used once an award has been determined by the Board of County Commissioners, and additional scope of work may need to be added at the discretion of the County's project manager and the Collier County Purchasing Director. *** Positions shaded on the Hourly Rate Schedule are to be included in the monthly service fee at no additional charge up to the first four($4) million dollars. 14-6295 Tourism Marketing and Promotion R F P_N o n_C C NATem p l a te_04152014 12 Packet Page -276- 9/9/2014 11 .C. Collier County Hourly Rate Schedule Index Position/Service Hourly Rate Comments/Notes 1. Account Coordinator*** 2. Account Executive*** 3. Account Manager*** 4. Account Supervisor*** 5. Accounting /Billing Manager*** 6. Clerical/Administrative Services*** 7. Data Entry Specialist*** 8. Director of Account Service "" 9. Media Buyer*** 10. Media Coordinator*** 11. Media Director/Planner*** 12. Traffic*** 13. Art Director 14. Associate Creative Director 15. Brand Development Director 16. Broadcast Production Supervisor 17. Copywriter 18. Creative Director 19. Designer 20. Digital Coordinator 21. Digital Production Developer 22. Digital Production Supervisor 23. Digital Services Director 24. Digital Services/Research 25. Director-Strategic Planning 26. Director of Diversity Marketing 27. Director of Mobile Development 28. In-house Audio Service 29. In-house Photograph Service 30. In-house Research Coordinator 31. In-house Research Director 32. In-house Video Service 33. Print Production Supervisor 34. Production Coordinator 35. Proofreader 36. Senior Art Director 37. Senior Copywriter 38. Social Media Marketing Coordinator 39. Social Media Marketing Director ***Positions shaded are to he included in the monthly service fee it no additional charge,,upto the first,f©ur$4)million dollars. Firm Submitted by (Signature) Submitted by(Print) Date 14-6295 Tourism Marketing and Promotion RF P_Non_CC NATem p late_04152014 13 Packet Page-277- 9/9/2014 11 .C. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Firm's information provided in this area: • The County shall total each of the Firm's scores and create a ranking from highest total to lowest total. • The highest number of points will be awarded to the Firm who has the highest total. • For all other criteria points, the Firm's total will be divided by the highest Firm's total which will then be multiplied by the criteria points within this section 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). 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 4,750,000 20 Firm DEF 4,500,000 19 Firm GHI 4,500,000 19 Firm JKL 4,100,000 17 Firm MNO 4,000,000 17 Firm PQR 3,890,000 16 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 assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 5. Tab 5, References (10 Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest total to lowest total. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest total. • The next highest vendor's total will be divided by the highest vendor's total which will then be multiplied by criteria points to determine the vendor's points awarded. • Each subsequent vendor's point score will be calculated in the same manner. Points awarded will be extended to the whole number per Microsoft Excel. 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATemplate_04152014 14 Packet Page -278- 9/9/2014 11 .C. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Points Awarded Score Vendor ABC 445 20 Vendor DEF 435 20 Vendor GHI 425 19 Vendor JKL 385 17 Vendor MNO 385 17 Vendor PQR 250 11 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. 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATem plate_04152014 15 Packet Page -279- 9/9/2014 11.C. CoLi y Adminesative services Diuision Purchasing Reference Questionnaire Solicitation: 14-6295 Tourism Marketing and Promotion Services Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project/Program Description: Start of Contract: Program Annual Budget: End of Contract: Change Orders-Dollars Added : Change Orders -Days Added: Item` Citeria Score 1 Ability to manage the project/program costs (minimize change orders to scope). 2 Ability to maintain project/program schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATemplate_04152014 16 Packet Page-280- 9/9/2014 11.C. 6. Tab 6, Required Form Submittals • Attachment 1: Vendor Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Form • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Substitute W9 • Attachment 8: Insurance Requirements 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATem plate_04152014 17 Packet Page-281- 9/9/2014 11.C. 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 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 12 Noon, Naples local time, on or before 6/12/14 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATem plate_04152014 18 Packet Page-282- 9/9/2014 11.C. Attn: Joanne Markiewicz, Procurement Director The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) disks (CD's/DVD's)with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3)working days prior to 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATemplate_04152014 19 Packet Page-283- 9/9/2014 11 .C. the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab 2 Company Experience and Profile 30 Tab 3 Specialized Expertise and Creative Expertise 30 Tab 4 Cost of Services 20 Tab 5 References 10 Local Vendor Preference 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial system)within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATem plate_04152014 20 Packet Page-284- 9/9/2014 11.C. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 14-6295 Tourism Marketing and Promotion RFP_Non_CC NATemplate_04152014 21 Packet Page-285- 9/9/2014 11 .C. Exhibit Ill: Collier County Purchase Order Terms and Conditions �-a 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATem plate_04152014 22 Packet Page-286- 9/9/2014 11 .C. 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 nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and 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 performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are 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 within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any 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 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 for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the 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 14-6295 Tourism Marketing and Promotion RFP_Non_CC NATemplate_04152014 23 Packet Page-287- 9/9/2014 11.C. 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 delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment 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 Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without 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 Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 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 VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 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 by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this Taws 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 unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed 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 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATemplate_04152014 24 Packet Page-288- 9/9/2014 11.C. 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 delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATemplate_04152014 25 Packet Page-289- 9/9/2014 11.C. 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 damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATemplate_04152014 26 Packet Page-290- 9/9/2014 11.C. hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty(30)days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 7. Payment Method 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATem plate_04152014 27 Packet Page-291- 9/9/2014 11.C. Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccar clerk(cr�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional—payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "[aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATem plate_04152014 28 Packet Page-292- 9/9/2014 11.C. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at(239) 252- 2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATemplate_04152014 29 Packet Page-293- 9/9/2014 11.C. that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12.Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. 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- s, 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATem p iate_04152014 30 Packet Page-294- 9/9/2014 11 .C. consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 17. Survivability Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 14-6295 Tourism Marketing and Promotion Services will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 18. Protest Procedures Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures)shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. Security and Background Checks If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees 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. 14-6295 Tourism Marketing and Promotion RF P_Non_CC NATem plate_04152014 31 Packet Page-295- 9/9/2014 11.C. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the 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. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verifv. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATemplate_04152014 32 Packet Page-296- 9/9/2014 11.C. as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATem p late_04152014 33 Packet Page-297- 9/9/2014 11.C. Co r county Adminisir Services Division Purchasing Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 14-6295 Tourism Marketing and Promotion Services for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 14-6295 Tourism Marketing and Promotion RFP_Non_CC NATemplate_04152014 34 Packet Page-298- • 9/9/2014 11 .C. 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATemp late_04152014 35 Packet Page-299- 9/9/2014 11 .C. -ter County Administrative Services Division Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Joanne Markiewicz, Procurement Director n ❑ The mailing envelope must be sealed and marked with Solicitation 14-6295 Tourism Marketing and Promotion Services and 6/12/14. ❑ 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.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATemplate_04152014 36 Packet Page-300- 9/9/2014 11.C. Co County Administrative Service C. vWcrn Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATemplate_04152014 37 Packet Page-301- 9/9/2014 11 .C. Corer County Acirrinistethe Services Mision Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 14-6295 Tourism Marketing and Promotion Services Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 14-6295 Tourism Marketing and Promotion Services. (Proposal Continued on Next Page) 14-6295 Tourism Marketing and Promotion RF P_N on_C C NATem p late_04152014 38 Packet Page-302- 9/9/2014 11 .C. 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 CCR#or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATemplate_04152014 39 Packet Page-303- 9/9/2014 11.C. Admistrative Cozen{ Services Purchasing Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 14-6295 Tourism Marketing and Promotion Services(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County El Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business"unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way.This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. n Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees (Including Owner(s)or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATemplate_04152014 40 Packet Page-304- 9/9/2014 11 .C. (AFFIX OFFICIAL SEAL) 14-6295 Tourism Marketing and Promotion RFP_Non_CCNATem plate_04152014 41 Packet Page-305- 9/9/2014 11 .C. Corer county Adninistralive Services Division Purchasing Attachment 6: Immigration Affidavit Certification Solicitation: 14-6295 Tourism Marketing and Promotion Services This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals(RFP)submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor I Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and.acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 14-6295 Tourism Marketing and Promotion RF P_Non_CCNATemplate_04152014 42 Packet Page-306- 9/9/2014 11.C. Coder County Aar services Division Purchasing Attachment 7:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 14-6295 Tourism Marketing and Promotion RFP_Non_CC NATem plate_04152014 43 Packet Page-307- 9/9/2014 11 .C. Co Ter Co Administrative Services Division Purchasing Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability (E&O) $1,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate Packet Page-308- 9/9/2014 11 .C. ❑ Valuable Papers Insurance $ Per Occurrence 6. El Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 14-6295 Tourism Marketing and Promotion RFP_Non_CC NATem plate_04152014 45 Packet Page-309- 9/9/2014 11.C. AGREEMENT14-6295 for Tourism Marketing and Promotions THIS AGREEMENT, made and entered into on this day of 2014, by and between Paradise Advertising & Marketing, Inc., authorized to do business in the State of Florida, whose business address is 150 2nd Avenue North, Ste. #800, St. Petersburg, FL 33701 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on October 1, 2014 and terminating on September 30,2016. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional two (2) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide Tourism Marketing and Promotional services for the County in accordance with the terms and conditions of Request for Proposal (RFP) #14-6295, Exhibit B - Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. 3. CONTRACT AMOUNT. For Tourism Marketing and Promotions services performed, in paid media and production,on behalf of the Collier County Tourism Department, the County shall pay the Contractor a fixed fee of ten percent (10%), payable in monthly lump sum installments, of the annual Board approved County's Tourism Department's marketing and promotion budget, including any budget amendments. The Tourism Marketing and Promotions services will be billed to the County at net, so that the County receives any available agency discount. The fixed fee includes a minimum guarantee of five hundred seventeen (517) monthly hours provided by professionals devoted to; strategic planning, account services, media/planning, data entry, accounting/billing,clerical/administrative and trafficking. Page 1 of 13 Packet Page-310- 9/9/2014 11.C. Any County department, other than the Tourism Department, may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made based upon a department's Project Manager or designee, approval of a written project quote and shall include any "at cost" services • plus the Contractor's fixed fee of ten percent (10%) for the project. For estimating and billing purposes, services will be billed in accordance with Exhibit A - Rate Schedule and Exhibit C-Quoting Process, attached hereto. Payment will be made upon receipt of a proper invoice, approval by the Project Manager or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act." 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices. Invoices must be submitted by the contractor within six (6) months of completion of the contract. Any untimely submission of invoices beyond the specified six (6) month deadline period is subject to non-payment under the legal doctrine of "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. PROFESSIONAL FEES/CREATIVE WORK. All professional fees for marketing, promotional creative work, creative design, advertising, production, photography, on- line, and social media production design, printing, direct mail, audiovisual production services, marketing research and promotional publicity will be estimated on a per project basis and submitted in writing to the County's Project Manager or designee, for approval. For estimating and billing purposes, services will be billed in accordance with Exhibit A-Rate Schedule and Exhibit C -Quoting Process, attached hereto. 4.1 ADVERTISING AND MEDIA. Charges for advertising placed by the Contractor on behalf of the County will be billed to the County at the actual cost paid by the Contractor and shall not include any markup,for the specified medium or media. The Contractor will prepare and send to the County pre-approved adjusted media invoices to account for insertion order changes, short rates, circulation rebates and/or other estimates and adjustments. 4.2 PURCHASED TALENT AND OTHER SERVICES. Charges for expertise, talents and services needed to execute marketing, media or production advertisement placed by the Contractor on behalf of the County will be billed to the County at the actual cost paid by the Contractor and shall not include any markup. 4.3 PROMOTIONAL ITEMS. For any Tourism Department promotional giveaways items, the Contractor will endeavor to purchase goods through an established County contract. Page 2 of 13 Packet Page -311- t./ 9/9/2014 11.C. 4.4 TRAVEL AND REIMBURSABLE EXPENSES. Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed in accordance with Collier County Resolution 2006-40, §125.0104, Fla. Stat and §112.061, Fla. Stat. Any trips within Collier County and Lee County by account services, media, data entry, accounting/billing, clerical/administrative and traffic are expressly excluded. Any trips to and from and within Collier County and Lee County by the creative department will be reimbursed in accordance with Exhibit A- Rate Schedule and must be approved in advance in writing by the County. Reimbursable items other than travel expenses shall be limited only to the following: actual postage or metering, shipping and freight charges, if approved by the Project Manager or designee. Reimbursable expenses will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes,Certificate of Exemption# 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Paradise Advertising&Marketing, Inc. 150 2nd Avenue North,Ste. #800 St. Petersburg,FL 33701 Attention: Cedar Hames, President/Owner Telephone: 727-821-5155 Fax: 727-822-3722 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention:Joanne Markiewicz, Director, Procurement Services Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 3 of 13 Packet Page -312- r 9/9/2014 11.C. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor, or its vendors or subcontractors, or to constitute the Contractor, or its vendors or subcontractors, as an agent of the County. 8. PERMITS: LICENSES: TAXES. The Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to "commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement,the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Page 4 of 13 Packet Page-313- 9/9/2014 11 .C. Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally Page 5 of 13 Packet Page-314- 9/9/2014 11.C. wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Department. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), RFP #14-6295 Scope of Services, Exhibit A - Rate Schedule, Exhibit B - Scope of Work and Exhibit C - Quoting Process. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or Page 6 of 13 GP Packet Page -315- 9/9/2014 11.C. quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102,Fla.Stat. Page 7of13 Packet Page-316- 9/9/2014 11 .0. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. KEY PERSONNEL,/ CONTRACT STAFFING. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates or dates set forth in the Project Schedule. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the Contractor's Proposal, the Contract Documents shall take precedence; thereafter, the Request for Proposal. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. AVAILABILITY OF RECORDS. The Contractor shall maintain all records, books documents, papers and financial information pertaining to all Work performed under this agreement. The Contractor agrees that the County, or any duly authorized agents, shall, free of charge, have the right to audit, inspect and copy all such records, documentation as often as they deem necessary during the period of this Agreement and until the expiration of(5) year period after final payment under this Agreement. 29. OWNERSHIP OF DOCUMENTS. County shall be the owner of all documents and materials produced pursuant to this Agreement and Paradise Advertising & Marketing, Inc. shall not receive any additional compensation for their use or reproduction by the County. The County shall be the owner of and be in possession of all intellectual property created or furnished pursuant to this Agreement, including, but not limited to drawings, layouts, photography, film, video and printed documents, unless specifically exempted by the County. Page 8of13 Packet Page -317- 9/9/2014 11 .C. IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized person or agent,have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY,FLORIDA Dwight E. Brock,Clerk of Courts By: By: Tom Henning,Chairman Dated: (SEAL) Paradise Advertising&Marketing,Inc. Contractor By: First Witness Signature tType/print witness name1 TType/print signature and titlel' Second Witness tType/print witness nameT Approved as to Form and Legality: istant County Attorney Print Name Page 9 of 13 Packet Page-318- 9/9/2014 11.C. EXHIBIT A RATE SCHEDULE Contract 14-6295 "Tourism Marketing and Promotions" ho �' s * Director of Strategic Planning $ 300.00 * Account Service Director $ 250.00 *Account Supervisor $ 200.00 * Account Manager $ 175.00 *Account Executive $ 150.00 * Account Coordinator $ 100.00 *Media Director/ Planner $ 250.00 *Media Buyer $ 150.00 * Media Coordinator $ 125.00 *Data Entry Specialist $ 100.00 *Accounting/ Billing Manager $ 150.00 *Clerical / Administrative Services $ 100.00 *Traffic $ 150.00 Art Director $ 120.00 Associate Creative Director $ 180.00 Brand Development Director $ 200.00 Broadcast Production Supervisor $ 160.00 Chief Creative Officer $ 240.00 Copywriter $ 120.00 Creative Director $ 200.00 Designer $ 160.00 Digital Coordinator $ 80.00 Digital Production Developer $ 140.00 Digital Production Supervisor $ 160.00 Digital Services / Research $ 120.00 Digital Services Director $ 200.00 Director of Diversity Marketing $ 200.00 Director of Mobile Development $ 200.00 Print Production Supervisor $ 120.00 Production Coordinator $ 80.00 Proofreader $ 80.00 Senior Art Director $ 160.00 Senior Copywriter $ 160.00 Social Media Marketing Coordinator $ 80.00 Social Media Marketing Director $ 140.00 Studio Audio Service $ 160.00 Studio Director $ 200.00 Studio Junior Editor $ 120.00 Page 10 of 13 Packet Page-319- 9/9/2014 11 .C. Studio Motion Graphics Developer $ 160.00 Studio Motion Graphics Director $ 200.00 Studio Photograph Service $ 160.00 Studio Research Coordinator $ 80.00 Studio Research Director $ 160.00 Studio Senior Editor $ 160.00 Studio Senior Videographer $ 160.00 Studio Videographer $ 120.00 * There is no charge for any of these services. They are included in the Tourism Department's fixed fee. Fixed Fees: Fixed fee for all other County departments (other than Tourism) for 10% advertising by using the Contractor Page 11 of 13 Packet Page-320- 9/9/2014 11.C. EXHIBIT B SCOPE OF WORK Contract 14-6295 "Tourism Marketing and Promotions" For Tourism Marketing and Promotions the Contractor shall provide for the Tourism Department the following services including,but not limited to: a) Develop for approval and implementation and counsel with the County on promotional, advertising and marketing communications to meet the County's objectives and budgetary limitations as a tourist destination worldwide. b) Create an annual marketing plan which will allow for the broadest possible exposure into international and domestic markets prior to the start of each fiscal year outlining current situation,creative strategy, implementation schedule and measurement. c) Develop, nurture and promote target consumers, meeting planners, and trade professionals. d) Develop for approval and implementation, and obtain prior written approval from the County Project Manager(s) or designee, by use of a quote/estimate / insertion order for all advertising,media and production projects. e) Maintain an office in Collier County staffed with a full-time Account Manager, and provide a minimum of five hundred and seventeen (517) staff hours, consisting of strategic planning, account services, media/planning, data entry, accounting/billing, clerical/administrative and trafficking, per month dedicated to the Tourism Department. f) Supply the County with monthly reports and presentations reflecting agency Y activity, return on investment, emerging markets, placement and inquiry reports, Tourist Development or Board presentations,workshops,etc. g) Develop collateral marketing strategies (i.e. creative copy, layout, and production, etc.) and materials for print, television, Internet, social media, radio and any other media directed by the Project Manager or designee. h) Plan and implement a strategic advertising and promotion program to include an Emergency Advertising Plan. i) Additional advertising, marketing or promotional creative work, creative design, production and media work may be executed, upon approval by the Tourism Project Manager or designee, and in accordance with Exhibit A - Rate Schedule and Exhibit C -Quoting Process. Other County Departments (not Tourism Department) Additional advertising, marketing or promotional creative work, creative design, production and media work may be executed, upon approval by the Department's Project Manager or designee, and in accordance with Exhibit A-Rate Schedule and Exhibit C-Quoting Process. Page 12 of 13 Packet Page-321- 9/9/2014 11.C. EXHIBIT C QUOTING PROCESS Contract 14-6295 "Tourism Marketing and Promotions" Quotes and invoices provided by the Contractor to the Tourism Department, and/or any other County departments,shall include the following: a. A Services/Work/Project quote estimate that includes; the negotiated payment either by"lump sum" or"time and material." If"lump sum" quote, the Contractor shall provide: 1.) not-to-exceed total cost for each task; and 2.) a brief description, including the deliverable, of each task to be performed. If "time and material" quote, the Contractor shall provide: 1) not-to-exceed total cost for each task; 2.) the number of hours by each position (hourly rate) and a brief description, including the deliverable, of the task to be performed; 3.) the extended total by each position; 4.) any anticipated "at cost fees" of subcontractor(s), travel, and miscellaneous charges such as expenses relating to "photo shoots," wardrobe, television or radio ads, special printing or service charges, etc.; and 5.) if applicable (see Exhibit A - Rate Schedule) the ten (10%) percent fixed fee. The Contractor shall provide "at cost", without any markup included, invoices for subcontractor(s), travel, and miscellaneous charges such as expenses relating to "photo shoots," wardrobe, television or radio ads, special printing or service charges, etc., as back-up for the invoice submittal. b. The invoice for payment shall reference the purchase order issued and be equal to or be less than the "lump sum" or "time and material" quote. A copy of the advertising, promotional and marketing information or documentation of paid media delivered should be included with the invoice materials. Page 13 of 13 Packet Page-322-