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Agenda 09/23/2014 Item #16D199/23/2014 16.D.19. EXECUTIVE SUMMARY Recommendation to award Request for Proposals No. 14 -6277 "Museum Facility Event Coordinator" to CaterMasters, Inc. OBJECTIVE: To offset operating expenses for the County Museums through earned revenue CONSIDERATIONS: On October 1, 2013, the Board held a Workshop wherein discussion included several options developed by the Museum to begin generating earned revenue to supplement the department's annual operating budget. A key concept involved developing a new business model that will utilize an outside event planning and catering service to implement and professionally manage, promote and coordinate rentals of Museum facilities for private functions after normal business hours. Museum staff researched and developed a proposed scope of work and rental guidelines and procedures that would maximize potential revenue while protecting Museum resources. A request for proposals was subsequently issued on May 5, 2014 by the Purchasing Department. A total of 1,050 bid packages were issued on the procurement system. Twenty -seven (27) bid packages were downloaded and two (2) firms submitted offers. All proposals were received on May 29, 2014. Two proposals were received and presentations were made to a selection committee on June 16, 2014. After review, the committee selected the firm of CaterMasters, Inc., to provide this service to the County. FISCAL IMPACT: Staff has negotiated a contract wherein CaterMasters, Inc. will remit to Collier County 17.5% of their gross revenue for all events booked under this contract. Staff estimates annual revenue to be $70,000 - $80,000, which is budgeted in the Museum Fund (198) for FY 15. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATION: That the Board of County Commissioners awards Request for Proposals No. 14 -6277 "Museum Facility Event Coordinator" to Cater Masters, Inc. and authorizes the Chairman to execute the Agreement. Prepared by: Ron Jamro, Museum Director Packet Page -2761- 9/23/2014 16.D.19. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.19. Item Summary: Recommendation to award Request for Proposals No. 14 -6277 "Museum Facility Event Coordinator" to CaterMasters, Inc. Meeting Date: 9/23/2014 Prepared By Name: AlonsoHailey Title: Operations Analyst, Public Services Division 9/8/2014 4:33 :18 PM Approved By Name: JamroRon Title: Director - Museum, Museum Date: 9/9/2014 12:50:40 PM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 9/9/2014 4:22:49 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 9/11/2014 5:02:34 PM Name: MarkiewiczJoanne Title: Director - Purchasing/General Services, Purchasing & General Services Date: 9/12/2014 6:50:35 AM Name: HerreraSandra Title: Procurement Specialist, Purchasing & General Services Date: 9/12/2014 8:29:29 AM Name: JohnsonScott Title: Manager - Procurement, Purchasing & General Services Date: 9/12/2014 11:33:22 AM Packet Page -2762- 9/23/2014 16.D.19. Name: CummingsRhonda Title: Procurement Specialist, Purchasing & General Services Date: 9/12/2014 5:10:20 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 9/15/2014 9:18:58 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 9/16/2014 10:51:38 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 9/16/2014 11:52:36 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/16/2014 1 :54:21 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 9/16/2014 2:59:22 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 9/16/2014 4:10:31 PM Packet Page -2763- 9/23/2014 16.D.19. COLLIER COUNTY MUSEUM AGREEMENT 14 -6277 Facility Event Coordinator This Facility Use Agreement ( "Agreement ") is entered into this day of , 2014, by and between CaterMasters, Inc., a corporation authorized to do business in the State of Florida, whose business address is 125 Airport Road North, Suite IOTA, Naples, FL 34104 ( "Lessee "), and Collier County, a political subdivision of the State of Florida, (the "County" or "Lessor ") collectively stated as the "Parties." WITNESSETH• WHEREAS, the County wishes to engage the services of a firm to implement, promote and manage successful Facility Events Coordination for Events during the weekend and after - hours, such as, but not limited to; small private gatherings, business meetings, hotel guests and group visits, luncheons, garden parties, wedding ceremonies, photography classes, and other suitable activities located on the Museum properties owned by the County, hereinafter referred to as the "Events ", and more fully described in Exhibit A, Scope of Services, attached hereto, and WHEREAS, the County wishes to engage the services of a firm capable of performing the work related to the Events, hereinafter called the "Facility Events Coordinator" or "Lessee ", and WHEREAS, the County desires to be compensated by the Lessee managing the Events and have the Lessee manage the Events; and WHEREAS, the Lessee is agreeable to and desirous of undertaking such services for County in connection with the Events as described herein; NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, the Lessee hereby agrees to undertake said services in connection with the Events as outlined below, subject to the terms and provisions as hereinafter contained. 1. Commencement: The agreement shall be for a three (3) year period, commencing on Date of Board award and terminating three (3) years from that date. The County may, at its discretion and with the consent of the Lessee, renew the Agreement under all of the terms and conditions contained in this Agreement for five (5) additional one (1) year periods. The County shall give the Lessee 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. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Lessee written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Page 1 of 18 Packet Page -2764- 9/23/2014 16.D.19. 2. Facilities: Collier County Museum Locations, including, but not limited to, Naples Depot Museum in downtown Naples, Immokalee Pioneer Museum at Roberts Ranch in Immokalee, and the Collier County Main Museum at the Collier County Government Center, ( "Facilities" or "Premises "). 3. Use of Facilities: Lessee shall utilize the Facilities for various Events throughout the year in strict accordance with the attached Exhibit A, Scope of Work and Exhibit B, Terms and Conditions. 4, Permissible Alterations and Additions to Premises: Lessee may not make any alterations or additions to the Premises. 5. Access: Lessee shall have access to the Facilities during the agreed upon dates and times as set forth by the Museum Director, or designee. The time provided beginning and after each Event is for required set -up and clean -up. Clean-up must occur within four (4) hours after the Event or the Lessee will pay the County an additional fee equal to fifty percent (50 %) of the rental deposit. 6. Deposit: The Lessee agrees to pay Collier County c/o Director of Museums a deposit when an event is booked in the amount equal to the greater of fifty percent (50 %) of the estimated rental fee or one thousand dollars ($1,000.00). Deposits are refundable up to ninety (90) days before an event and afterward fifty (50 %) percent of the deposit may be returned up until eleven (11) days prior to an event. When the event is ten (10) days from occurring, the deposit becomes non - refundable. 7. Accounting and Payment: Within ten (10) business days after the close of each event, unless written approval by the Museum Director, or designee, Lessee shall submit to the County a true and correct statement setting forth the Percentage Commission payable to the County, the Gross Revenues received by Lessee, and the applicable Florida State Sales Tax, pursuant to §212.031, Fla. Stat., on the payment to the County. Along with said statement, a copy of the detailed Invoice Lessee submitted to the Client for the event shall be submitted. It is understood that the applicable Florida State Sales Tax, pursuant to §212.031, Fla. Stat., on payments to the County pursuant to this Agreement shall be added to Lessee's payments and forwarded to the County as part of said payments. Along with said statement, Lessee shall remit to the County the "Percentage Commission" in accordance with attached Exhibit C Revenue Schedule. The County is to receive the Percentage Commission net, free and clear of all costs and charges arising from, or related to, Lessee's obligations under this Agreement. As used in this Agreement "Percentage Commission" is derived from each of the following categories 1) the Facility Rental fee charged to the client; and 2) the Additional Fees charged to the client, including but not limited to: catering (food & beverage), event planners, photographers, decorators, florists, boutiques, hair and makeup artists, lighting Page 2 of 18 Packet Page -2765- 9/23/2014 16.D.19. and stage rentals, chair and equipment rentals, talent, entertainment, and other guest amenities. As used in this Agreement "Gross Revenues" means the sum of all income collected, accrued or derived by Lessee under the privileges granted by this Agreement, including the rental fee, plus additional fees charged to the Client, less all Federal, State or other taxes collected by Lessee from Clients and required by law to be remitted to the taxing authority. The Percentage Commission will be payable to "Collier County Board of County Commissioners" and sent, with the statement, to the County at the following address: Ron Jamro, Director of Museums Collier County Museum 3299 Tamiami Trail East Naples, Florida 34112 Lessee shall also provide the County with a copy of Lessee's Florida State Sales and Use Tax remittance for the Events. In the event the Lessee fails to pay the Percentage Commission by the due date, there shall be a late charge of Fifty Dollars ($50.00) for such late payment, in addition to interest at the rate of 1.5% per month. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may terminate this Agreement. Records, Audit: Lessee agrees to establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. All financial records are to be maintained during the entire term of this Agreement and for a period of three (3) years following the termination of this Agreement. Lessee grants to the County the right and authority to audit all records, documents, and books pertaining to the Gross Revenues for the Events. Such audit will be conducted at locations and at a frequency determined by the County and communicated to Lessee. Lessee agrees to provide all records for the audit at the designated place within five (5) business days after the County's notice to do so is received. 9. Default: If the Lessee fails to perform a material term of this Agreement, the County may terminate this Agreement by giving ten (10) days prior written notice or such longer period as may be consented to by the parties in writing if the default is not capable of being cured within ten (10) days; provided, further, if the Lessee timely remedies the breach within the cure period, such notice shall be null and void. In the event that the Agreement is terminated, Lessee's recovery against the County shall be limited to that portion of the Gross Revenues earned through the date of termination. Lessee shall not be entitled to any other or further recovery against the County, including, Page 3 of 18 bJ , Packet Page -2766- 9/23/2014 16.D.19. but not limited to, any damages or any anticipated profit on portions of the services not performed or materials not provided. 10. Termination for Convenience: Either party may terminate this Agreement for convenience, at any time, with sixty (60) days prior written notice. 11. Obligation to Maintain Premises and Comply with All Lawful Requirements: Lessee agrees to maintain the Facilities in strict compliance with terms set forth in this Agreement. The Lessee shall accept the Facilities and return the Facilities in the same condition less reasonable wear and tear that may occur, as expected by the County for rental of the Facility. Damage in the extent such as, but not limited to, large floor gouges, structural damage, scorch or bum marks, excessive damage from renter above normal wear and tear shall be repaired to the County's satisfaction at the cost to the Lessee. The Lessee authorizes the County to seek maintenance, cleaning, and/or repair services and seek reimbursement for any cost from the Lessee. 12. Exclusive Use: Lessee shall have the exclusive right to use the Premises during the Events. Except for Event's with a value of less than five hundred dollars ($500), the Lessee releases the County from being bound to the Lessee's Exclusive Use. The County reserves its right to schedule Events, either during normal Museum hours or after hours. 13. Access to Premises: The County shall have the right for its representatives and/or employees to have access to the Facilities during the Events. 14. Assignment: Lessee may not assign this Agreement without the express prior written consent 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 Lessee does, with prior written approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Lessee all of the obligations and responsibilities that Lessee has assumed toward the County. 15. Insurance: a. General Commercial Liability: Lessee shall provide and maintain a Commercial General Liability insurance policy approved in writing by Lessor and the Collier County Risk Management Department, for not less than One Million Dollars ($1,000,000) combined single limits during the term of this Agreement. b. Liquor Liability: Lessee shall provide and maintain a Liquor Liability insurance policy, in writing by Lessor and the Collier County Risk Management Department, for not less than Five Hundred Thousand Dollars ($500,000) for events where the Lessee does not transfer of money for alcohol or events where the Lessee charges for alcohol. c. Workers' Compensation: Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. Page 4 of 18 Packet Page -2767- 9/23/2014 16.D.19. d. Automobile Liability: $1,000,000 Each Occurrence: Bodily Injury & Property Damage, Owned/Non- owned/Hired: Automobile Included e. Employee Dishonesty Bond: $100,000 Per Occurrence f. Collier County shall be named as an additional insured on the Commercial General Liability insurance policy. Lessor shall also be added as an additional insured on the Property Insurance policy as their interest may appear. The above - described insurance policies shall list and continuously maintain Lessor as an additional insured thereon. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, 3311 East Tamiami Trail, Naples, Florida, 34112, for approval prior to the commencement of this Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event of cancellation or changes in policy(s) coverage. If such amounts are less than good insurance practice would require, Lessor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives and agents. The Lessee shall ensure that all subcontractors comply with the same insurance requirements that Lessee is required to meet and provide the County with copies of certificates of insurance meeting the required insurance provisions. 16. Rules and Regulations: Lessee shall comply with the County's published Rules and Regulations for the Facilities, which are on file at the Facilities. 17. Indemnification: To the maximum extent permitted by Florida law, the Lessee 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 Lessee or anyone employed or utilized by the Lessee 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. Page 5 of 18 6. Packet Page -2768- 9/23/2014 16.D.19. 17.1 The duty to defend under this paragraph 17 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Lessee, 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 Lessee. Lessee's obligation to indemnify and defend under this paragraph 17 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. 18. Notices: Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Notices shall be addressed as follows: If to Lessor: Ron Jamro, Director Museums Collier County Museum 3299 Tamiami Trail East Naples, Florida 34112 If to Lessee: CaterMasters, Inc. Attn: John Phillips, President 125 Airport Road North, Suite I01A Naples, FL 34104 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 19. No Partnership or Agency: Lessee is an independent contractor, and is not any agent or representative or employee of Lessor. During the term of this Agreement, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Agreement or to have any rights to enforce this Agreement against either party hereto or otherwise. Nothing contained in this Agreement will constitute the Parties as partners or joint ventures for any purpose, it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee- employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. Page 6 of 18 GV7 Packet Page -2769- 9/23/2014 16.D.19. 20. Force Majeure: Neither party to this Agreement will be liable for any delay in the performance of any obligation under this Agreement or of any inability to perform an obligation under this Agreement if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow -down or lock -out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 21. No Discrimination: The Lessee agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 22. Contract Staffing: The Lessee's personnel and management to be utilized for this agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the agreement. The Lessee shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 23. Permits, Licenses, Taxes: Lessee agrees to obtain and pay for all permits and licenses necessary for the conducting of business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed and contracted by Lessee. Lessee shall also be solely responsible for payment of any and all taxes levied on the use of the premises. In addition, Lessee shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government. 24. No Improper Use: Lessee will not use, nor suffer or permit any person to use in any manner whatsoever, the premises for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, or County law, ordinance, rule, order or regulation, or of any applicable governmental rule or regulation now in effect or hereafter enacted or adopted. 25. Waiver of Interference: Lessee hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the use of the premises by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Lessee from any obligation hereunder. 26. No Liens: Lessee agrees that it will not suffer or through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Lessee agrees to cause such lien to be discharged within ten (10) days of written notice to do so from the County. Page 7 of 18 Packet Page -2770- 9/23/2014 16.D.19. 27. No Hazardous Materials: Lessee, without prior permission from the Museum Director, or designee, will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Premises, nor permit employees, representatives, agents, contractors, sub - contractors, sub -sub- contractors, material men and/or suppliers to engage in such activities upon or about the Premises. 28. Additional Items and/or Services: Additional items and/or services may be added to this agreement in compliance with the Purchasing Ordinance and Purchasing Procedures. 29. Governing Law: This Agreement shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Agreement, the Parties shall first use the County's then- current Dispute Resolution Procedure as follows: 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 Lessee with full decision - making authority and by County's representative. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Agreement, which Court the Parties agree to have the sole and exclusive jurisdiction. 30. Entire Agreement: This Agreement contains the entire agreement of the Parties with respect to the matters covered by this Agreement and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Agreement by the Parties. 31. Component Parts of this Agreement:, This Agreement consists of the following component parts, all of which are as fully a part of the agreement as if herein set out verbatim: Lessee's Proposal, Exhibit A Scope of Services, Exhibit B Terms and Conditions, Exhibit C Revenue Schedule, Insurance Certificate(s), Employee Dishonesty Bond, RFP #14- 6277 - Facility Event Coordinator Specifications /Scope of Services and Addenda. 32. Order of Precedence: In the event of any conflict between or among the terms of any of the Agreement Documents, the terms of the Request for Proposal (RFP) and/or the Lessee's Proposal, the Agreement Documents shall take precedence. * * * * * * * * * * * * * * * * * ** *Remainder of Page Intentionally Left Blank * * * * * * * * * * * * * * * * * * * * ** Pap 8 of 18 CP Packet Page -2771- 9/23/2014 16.D.19. IN WITNESS WHEREOF, the Lessee and Collier County have hereto executed this Agreement the day and year first above written. AS TO THE LESSEE: Witness (signature) (Print name) Witness (signature) (Print name) AS TO THE LESSOR: Attest: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to Form and Legality: 1 r� \"colleen M. Greene Assistant County Attorney CaterMasters. Inc. all (Print Name and Title) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, By: TOM HENNING, CHAIRMAN Page 9 of ] 8 Packet Page -2772- Ge' 9/23/2014 16.D.19. EXHIBIT A Scope of Services 14 -6277 Facility Event Coordinator The initial focus of this Agreement will be the Collier County Main Museum, the Naples Depot Museum, and the Immokalee Pioneer Museum at Roberts Ranch. In the event the Lessee meets or exceeds the County's revenue expectations, additional Museum facilities may become available as additional rental locations. Additional items and/or services may be added to this agreement in compliance with the Purchasing Ordinance and Purchasing Procedures. Detailed Scope of Work This Agreement is for a Museum Events Coordinator ( "Lessee ") to implement, promote and manage successful Facility Events Coordination during the weekend and after -hours on site. Examples of these uses may include small private gatherings, business meetings, hotel guests and group visits, luncheons, garden parties, wedding ceremonies, photography classes, and other suitable activities. The rental program should be flexible in design and include effective communication to potential customers to create demand, promote a high degree of customer satisfaction, and deliver services without compromising existing Museum activities or its obligation to its exhibits, collections, historic structures, school or cultural programs. The Lessee represents that he is familiar with, and has experience and expertise in providing these services. It is understood that the services will continue on an on -going basis during the life of this Agreement. The work will consist of planning, implementing, promoting and managing the weekend and after -hours rental of Museum facilities by groups and individuals to increase private sector financial support and provide a stable source of earned revenue for Museum operations. The Primary Scope of Work Lessee will retain the Exclusive Rights to use the Premises during the Events, including the solicitation and management. Except the County reserves its right to schedule Events, either during normal Museum hours or after hours. Lessee will utilize rental spaces in the Collier County Main Museum, the Naples Depot Museum, and the Immokalee Pioneer Museum at Roberts Ranch. Other locations may be added at the written direction of the County. 1. Structure and Authority a. The Museum Director, or designee, will contact the selected Lessee and arrange a meeting to lay the groundwork for the creation and implementation of this program. b. The Lessee shall obtain written approval from the Museum Director, or designee, for all Events scheduled. Approval by the Museum Director, or designee, will be contingent on the Lessee's compliance with all current fire and safety codes, assurance of no interruption to existing or planned Museum events and activities, and protection of the Page 10 of 18 Packet Page -2773- 9/23/2014 16.D.19. Museum's exhibits, collections and historic structures from theft, damage and excessive wear. 2. Promotion and Marketing The Lessee agrees to: a. Develop and distribute rental information to potential customers to create demand and promote the Museum as an attractive and affordable venue for private after -hours activities. The scope shall include, but not be limited to, design and development of print and electronic marketing tools, production and distribution costs, and managing media relations to maintain a high level of visibility with potential customers. b. Independently source clients and cultivate interest in the Museum's rental program with a comprehensive group of business, professional and social contacts, including the tourism and hospitality industry, visitor's bureau, civic organizations, chambers of commerce, and other attractions in the community. c. Solicit after -hours and weekend business for private gatherings, weddings, hotel off - property tours and functions, artist receptions, guest luncheons, collector's shows, historical and business meetings, private exhibitions, conferences for history and art enthusiasts, and other activities deemed appropriate by the Lessee. d. The Lessee requests Museum cooperation in terms of distribution of information, and that every effort is made to assist in physical locations, where Museum information is posted for public use and on line. e. In addition, Lessee will promote museum rental with or without direct links to the Lessee on the Museum and or County web sites. The Museum agrees to train staff and volunteers about procedures on queries regarding rental space. The Museum agrees to allow Lessee adequate space in prominent Museum areas for the purpose of providing promotional literature. Lessee agrees that no larger than a tri -fold 11'x14' will be used in print collateral literature. 3. Event Management The Lessee agrees to: a. Meet and discuss arrangements with prospective clients to articulate the Museum's image, goals and business practices. b. Plan, schedule and coordinate bookings with event organizers and serve as liaison with the Museum Director, or designee, to keep the County current on plans, activities and results. Page 11 of Is Packet Page -2774- 9/23/2014 16.D.19. c. Develop and maintain a working knowledge of all Museum rental spaces, lighting, mechanical, plumbing and air conditioning systems, video and audio - visual components, security systems, exhibits, graphic panels and signage, sufficient to honestly represent and operate these for customer satisfaction. d. Plan and arrange multiple priorities, event details and specific needs with chefs, caterers, restaurants, printers, concessionaires, sound technicians, musicians, photographers, the media and other support services. e. Provide all inventory, decorations, tableware and supplies needed for rental events. f. Organize sufficient custodial, landscape and maintenance staff to ensure efficient set up and take down of seats, tables and equipment, minimize disruption to normal Museum activities, and monitor the grounds, rental spaces and parking areas for visitor safety, maximum presentation and appeal. g. Resolve vendor or scheduling issues. h. Conduct onsite welcome and orientation for clients and inspect grounds and facilities prior to and after events. i. Develop follow -up procedures to monitor customer satisfaction and identify issues to ensure a high- quality visitor experience and cultivate additional rental business and revenue. j. Agree to compensate for any additional museum and non - museum staff (such as actors, re -in actors, etc.) used in any production or specific entertainment event. k. Agree to seek and receive approval for any client, client event or activity prior to scheduling and or receiving associated funds. 1. To arrange for event security using County provided support personnel and to provide compensation for services provided by said personnel. 4. Revenue Management The Lessee agrees to: a. Collect, secure and post receipts. All fees collected will be listed individually by event and summarized as a total dollar amount. b. Agrees to pay Collier County Board of County Commissioners c/o Director of Museums a deposit when an event is booked in the amount equal to the greater of fifty percent (50 %) of the estimated rental fee or one thousand dollars ($1,000.00). Deposits are refundable up to ninety (90) days before an event and afterward fifty (50 %) percent of Page 12 of 18 Packet Page -2775- 9/23/2014 16.D.19. the deposit may be returned up until eleven (11) days prior to an event. When the event is ten (10) days from occurring, the deposit becomes non - refundable. c. Within, ten (10) days after the close of the event, payment is payable to the County, unless approved in writing by the Museum Director, or designee. d. All events are based on three (3) hours in length. To modify an event's hours, written approval by the Museum Director, or designee, will be required. e. Provide a written invoice /audit and remit revenues to the County, on a per event basis. f. Agree to seek and receive approval for any client, client event or activity prior to scheduling and or receiving associated funds. 5. Operations Management a. The Lessee will be responsible for obtaining any permits that may be required for rental activities. The County agrees to provide "priority access" to expedite permits within its jurisdiction and will work with other municipalities to help expedite the permit process outside the County's jurisdiction. b. The Museum Director, or designee, reserves the right to review and approve all vendors retained by the Lessee for use in rental activities on Museum premises. c. The Lessee will be required to have an insurance certificate of a minimum of five hundred thousand dollars ($500,000) of liability coverage for each rental activity involving groups of one hundred (100) or more guests and ensure that all subcontractors comply with the same insurance requirements. The Board of County Commissioners must be named as "Additional Insured" on the insurance certificate. d. Designated locations at the Collier County Main Museum facility will be available for private rentals Monday through Friday from 5:00 pm to 10:00 pm (plus two (2) hours pre -event for setup and one (1) hour post event for cleaning), and on Saturday and Sunday from 9:00 am to 10:00 pm (plus one (1) hour for cleaning). The event rental times are subject to standing (previously scheduled) Museum events and programs throughout the year. Requests to modify the available times in the schedule, may be accommodated with written approval by the Museum Director, or designee. e. Designated locations at the Naples Depot Museum will be available for private rentals Monday through Saturday from 5:00 pm to 10:00 pm (plus two (2) hours pre -event for setup and one (1) hour post event for cleaning), and on Sunday from 9:00 am to 10:00 pm (plus one (1) hour for cleaning). Location rentals are subject to standing Museum events and programs throughout the year. Requests to modify the available times in the schedule, may be accommodated with written approval by the Museum Director, or designee. Page 13 of 18 Packet Page -2776- 9/23/2014 16.D.19. f. Designated locations at the Immokalee Pioneer Museum at Roberts Ranch will be available for private rentals Monday through Friday from 5:00 pm to 9:00 pm, and on Saturday and Sunday from 9:00 am to 9:00 pm, subject to standing Museum events and programs throughout the year. Requests to modify the available times in the schedule, may be made with written approval by the Museum Director, or designee. g. All users of a rented space are expected to clean up after their event within four (4) hours after the event closes, leaving the facility in the same condition as it was received. If, the space is not cleaned and not left in the appropriate condition, an additional charge of fifty percent (50 %) of the rental deposit will be assessed to be paid by the renter. h. All rentals are subject to an approval process, unless approved by the Director, or designee. i. All rentals must comply with Collier County codes, laws, ordinances, zoning, permitting, licensing, unless approved by the Museum Director, or designee. j. All events must be completed by 10:00 pm (plus one (1) hour for cleaning) and may not begin before 11:00 am, unless approved by the Museum Director, or designee. k. The Lessor agrees to organize pre -event preparation, such as, cutting of grass prior to an event and ensure the facilities are clean prior to event, including restrooms. A. Summary of Facilities Event Coordinator Responsibilities: a. Client procurement and management for the Rental of Museum Event Spaces. b. All related Rental Event Advertising and Marketing will receive County approval prior to implementation. Reasonable consideration will be given by the County for such activities. c. County branding and logos including for the Museums may be requested to be identified on all or some of the Advertising and Marketing activities related to rental and tour events. d. Advertising and Marketing for clients should include: i. Brochures ii. Press Releases iii. Social Media 1. www.collier /museums.com 2. Virtual tours iv. Naples Chamber Website v. Event Expos vi. Print Advertising vii. Paradise Coast e. Sourcing of clients that are local, regional and national in nature f. Event management: i. Scheduling; Page 14 of 18 Packet Page -2777- 9/23/2014 16.D.19. ii. Procuring appropriate permits for the events; iii. Sourcing and managing vendors providing goods and services for events; iv. Revenue management at the event; g. Collecting, coordinating and reimbursing to Collier County fees associated with events; h. Processing of payments at the events and to the County; B. Potential Clients that the Lessee agrees to advertise and market so as to rent the museum's spaces include: a. Small private gatherings, business meetings, team- building classes, hotel guest and group visits, luncheons, garden parties, private exhibits, intimate cocktail and dinner parties, wedding ceremonies, annual special events and photography classes are some of the expanded uses and services under consideration. General Operations • Safety and Preservation Essential responsibilities will include effective communication to potential customers to create demand, promoting and delivering services while adjusting to current Museum activities, and providing an honest, high- quality experience without compromising the Museum's obligation to its safety and preservation of exhibits, collections, historic structures, school programs or scholarly activities. Page 15 of 18 Packet Page -2778- 9/23/2014 16.D.19. Exhibit B Terms and Conditions 14 -6277 Facility Event Coordinator In order to protect the Museum's architecture, exhibits, collections and artwork, Lessee must assume full responsibility for damage to any Museum property or equipment, as well as any damage caused by tables, chairs and equipment brought on -site by the Lessee or outside sources for the particular event, in accordance with the following terms and conditions: 1. Museum facilities are only available for use during non - Museum operating hours, unless otherwise approved in writing by the Museum Director, or designate. 2. No Museum furniture, exhibits, displays, or artwork may be moved or removed. The Museum Director, or designee, is only allowed to decide which exhibit is going to be in display, move or change any exhibits. 3. Tables and chairs must have protective plastic or rubber coasters on legs to prevent scratching or damaging wooden floors. 4. No changes or alterations to the building, its accessories, or its fixtures may be made. 5. The Museum is a smoke -free environment and smoking is prohibited in all indoor spaces. 6. All decor and signage must be freestanding and promptly removed after the event. 7. Attachable decorations such as banners, streamers and balloons may not be nailed, stapled, pinned, taped or fixed on walls, exhibit displays, windows, doors or furnishings anywhere on the Museum's property. 8. No confetti, sparklers, rice, glitter, spray paint, feathers, poppers, or loose flower petals may be used. 9. Open flame candles are not permitted. 10. Exceptionally loud music is not permitted. 11. Use of the facilities is limited to the areas specified in the Lessee's agreement. 12. It is the Lessee's responsibility to clean-up immediately after the event, remove all trash, centerpieces, linens and supplies, and return the facility to its original condition. Property left at the Museum will be removed at the Lessee's expense. 13. The County will charge the Lessee a fee for clean-up or damages to walls, floors or exhibits, if the County determines this fee necessary. Page 16 of 18 Packet Page -2779- 9/23/2014 16.D.19. 14. The presence of a member of the Museum staff on. the premises is mandatory for all rental events during the duration of the event. Museum staff is not obligated to assist the Lessee with arranging or accepting deliveries, loading or unloading, carrying equipment, event set -up, serving, bussing tables, sweeping or cleaning. 15. Any damages to the Museum shall be reported immediately to the member of the Museum staff present at the Event. 16. Guest parking is available on a first -come, first -serve basis and is not guaranteed. Guests may not block entrances, exits or doorways. Valet parking may be permitted as an option under certain circumstances and would require prior written approval from the Director, or designee. 17. Facility rental does not include a photo session in any space other than the client's rented space within the time frame of the rental. 18. Security (trained staff or County Sheriff) must be utilized for Events with 200 persons or more and in an Event where alcohol is being served. 19. No parking on grass is allowed without permission of the Museum Director, or designee. Page 17 of 18 Packet Page -2780- 9/23/2014 16.D.19. Exhibit C - Revenue Schedule 14 -6277 Facility Event Coordinator Per Event Gross Revenue Level Category 1 Percentage Commission from the Facility Rental Only Category 1 Percentage Commission from Additional Fees Charged to Client, Food & Beverage, etc. $2,000 to $7,500 17.5% 17.5% $7,501 to $15,000 17.5% 17.5% $15,001 to $50,000 17.5% 17.5% $50,001 & above 17.5% 17.5% Each Event will have a transparent and detailed breakdown of facility rental, food, beverage, equipment rentals, and outside services. *Facility rental by County Governmental (County Departments) will receive a discount of twenty percent (20 %). Full price will be billed for food, beverage and all other commissions paid as scheduled. Packet Page -2781- 9/23/2014 16.D.19. REQUEST FOR PROPOSAL cotter county Ad nisba6re Services Wsbn Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 14 -6277 Facility Event Coordinator Rhonda Cummings, CPPB, Procurement Strategist (239) 252 -8941 (Telephone) (239) 252 -6700 (Fax) RhondaCummings @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. Pudu&V DepwM)eit - 3327 Tamiami Trail East • Naples, Florida 341124901 - w w.cdNergov:nat /purchasing Packet Page -2782- Table of Contents LEGALNOTICE ......................................................... ............................... 9/23/2014 16. D.19. ................................. ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................ ............................... 4 EXHIBITII: GENERAL RFP INSTRUCTIONS ............................................................................................ .............................15 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................... .............................18 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............................................................. .............................23 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT .................................................................. .............................31 ATTACHMENT2: VENDOR CHECK LIST ................................................................................................ .............................32 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................... .............................33 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................... .............................34 ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................... .............................37 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION .............................................................. .............................39 ATTACHMENT 7: VENDOR SUBSTITUTE W — 9 .................................................................................... .............................41 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................... .............................43 ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................... .............................46 EXHIBITA ............................................................................................................................................................ .............................44 14 -6277 Facility Events Coordinator 2 Packet Page -2783- 9/23/2014 16.D.19. �e�r a"zt,� Adn- inistrA a Servioes Division Purchasing' Legal Notice Sealed Proposals to provide the Facility Event Coordinator will be received until 2:30 p.m. Naples local time, on May 29, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 14 -6277 Facility Events Coordinator Services to be provided may include, but not be limited to the following: Planning, implementing and managing a Facility Events rental program as a sustainable source of earned income for the Museums. A non - mandatory pre - proposal conference will be held on May 13, 2014, commencing promptly at 10:00 a.m., Naples time and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If this pre - proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 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 Interim Purchasing & General Services Director 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 May 5, 2014. Pw % • 3301 Tarriami Trail East - Naples, Florida 34112 - www_collierownettpufchasing 14 -6277 Facility Events Coordinator Packet Page -2784- 9/23/2014 16.D.19. Exhibit 1: Scope of Work, Specifications and Response Format Brief Description As requested by the Collier County Museums (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, the "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified firms offering to plan, implement and manage a Facility Events rental program as a sustainable source of earned income for the museums in accordance with the specifications and Scope of Services stated and /or attached herein /hereto. The successful proposer will hereinafter be referred to as the "Facility Events Coordinator" or "Lessee" . The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Background The Collier County Museum was established in 1978 to preserve and interpret the history, archaeology and heritage of Southwest Florida's last frontier. Exhibitions and programs are continually upgraded, expanded and improved to maintain the Museum's presence as a valuable and accessible cultural resource to attract and hold new audiences. The Collier County Museum operates a 5 -acre historical park, exhibition gallery, lecture hall and central collections archive at the County Government Center located in East Naples. In addition, the Museum maintains and operates four, separate satellite facilities: 1. The Museum of the Everglades in Everglades City. 2. The Immokalee Pioneer Museum at Roberts Ranch in Immokalee. 3. The Naples Depot Museum in downtown Naples. 4. The Marco Island Historical Museum on Marco Island. The initial focus of this proposal will be the main Museum facility, the Naples Depot Museum, and the Immokalee Pioneer Museum. In the event the selected Lessee meets or exceeds the County's revenue expectations, additional Museum facilities may become available as additional rental locations. All Collier County Museum facilities are free to the public and fully accessible to the handicapped. Kitchen and catering facilities are not available on site. The Museum's permanent exhibit galleries, collections area, and research library are not suitable or available for private rental. Detailed Scope of Work The Collier County Museum is seeking proposals from qualified firms to implement, promote and manage successful Facility Events Coordination on a site rental program. Examples of these uses may include bult not be limited to, small private gatherings, business meetings, hotel guests and 14 -6277 Facility Events Coordinator 4 Packet Page -2785- 9/23/2014 16.D.19. group visits, luncheons, garden parties, wedding ceremonies, photography classes, and other suitable weekend and after -hours activities. The rental program should be flexible in design and include effective communication to potential customers to create demand, promote a high degree of customer satisfaction, and deliver services without compromising existing Museum activities or its obligation to its exhibits, collections, historic structures, school or cultural programs. The Lessee represents that it is familiar with, and has experience and expertise in this work. It is understood that the Scope of Work will continue on an on -going basis during the life of this agreement. The work will consist of planning, implementing, promoting and managing the weekend and after -hours rental of Museum facilities by groups and individuals to increase private sector financial support and provide a stable source of earned revenue for Museum operations. The Primary Scope of Work — Facility Events Coordinator will retain the Exclusive Rights to solicit and manage rental client's events, utilizing rental spaces in the Naples Depot, Roberts Ranch and the Collier County Main Museum. The County is seeking interested proposers to suggest a fee paid to the County for use of the facilities ( "Events ") in excess of ten percent (10 %) of Gross Revenues earned by the Facility Events Coordinator. The Total of Gross Revenues from an Event will include a room /event rental fee, plus fees charged to the Client for catering (food & beverage), event planners, photographers, decorators, florists, boutiques, hair and makeup artists, lighting and stage rentals, chair and equipment rentals, talent, entertainment, and other guest amenities. The minimum rental rate, charged to the customer, for Museum Space is suggested to range from 7.5% to 15% of Gross Revenues that are earned by the Facility Events Coordinator for each individual event. The Museum Event Coordinator will be required to sign an Agreement as described in Exhibit A (sample attached). 1. Structure and Authority a. The Museum will contact the selected Lessee and arrange a meeting to lay the groundwork for the creation and implementation of this program. b. Final review, scheduling and authorization of all after -hours rental activities and events will be the responsibility of the Museum Events Coordinator with primary considerations on compliance with all current fire and safety codes, adjustment to existing or planned Museum events and activities, and protection of the Museum's exhibits, collections and historic structures from theft, damage and excessive wear. 2. Cost of Services to the County The Lessee will provide a realistic long term revenue projection and assess the Museum's opportunities to derive a set percentage of earned income from room rental fees, use of the gardens and grounds for private events, caterers, event planners, photographers, decorators, florists, boutiques, hair and makeup artists, lighting and stage rentals, chair and equipment rentals, talent, entertainment, and other guest amenities. 3. Promotion and Marketing Packet Page -2786- 14 -6277 Facility Events Coordinator 9/23/2014 16.D.19. The Lessee agrees to: a. Develop and distribute rental information to potential customers to create demand and promote the Museum as an attractive and affordable venue for private after -hours activities. The scope shall include, but not be limited to, design and development of print and electronic marketing tools, production and distribution costs, and managing media relations to maintain a high level of visibility with potential customers. b. Independently source clients and cultivate interest in the Museum's rental program with a comprehensive group of business, professional and social contacts, including the tourism and hospitality industry, visitor's bureau, civic organizations; chambers of commerce, and other attractions in the community. c. Solicit after -hours and weekend business for private gatherings, weddings, hotel off - property tours and functions, artist receptions, guest luncheons, collector's shows, historical and business meetings, private exhibitions, conferences for history and art enthusiasts, and other activities deemed appropriate by the Museum Events Coordinator. 4. Event Management The Lessee agrees to: a. Meet and discuss arrangements with prospective clients to articulate the Museum's image, goals and business practices. b. Plan, schedule and coordinate bookings with event organizers and serve as liaison with the Museum's Events Coordinator to keep staff current on plans, activities and results. c. Develop and maintain a working knowledge of all Museum rental spaces, lighting, mechanical, plumbing and air conditioning systems, video and audio - visual components, security systems, exhibits, graphic panels and signage, sufficient to honestly represent and operate these for customer satisfaction. d. Plan and arrange multiple priorities, event details and specific needs with chefs, caterers, restaurants, printers, concessionaires, sound technicians, musicians, photographers, the media and other support services. e. Provide all inventory, decorations, tableware and supplies needed for rental events. f. Organize sufficient custodial, landscape and maintenance staff to ensure efficient set up and take down of seats, tables and equipment, minimize disruption to normal Museum activities, and monitor the grounds, rental spaces and parking areas for visitor safety, maximum presentation and appeal. g. Resolve vendor or scheduling issues. h. Conduct onsite welcome and orientation for clients and inspect grounds and facilities prior to and after events. i. Develop follow -up procedures to monitor customer satisfaction and identify issues to ensure a high - quality visitor experience and cultivate additional rental business and revenue. 14 -6277 Facility Events Coordinator Packet Page -2787- 9/23/2014 16.D.19. j. Agree to compensate for any additional museum and non - museum staff (such as actors, re- in actors, etc.) used in any production or specific entertainment event. k. Agree to seek and receive approval for any client, client event or activity prior to scheduling and or receiving associated funds. I. To arrange for event security using county provided support personnel and to provide compensation for services provided by said personnel. 5. Revenue Management The Lessee agrees to: a. Collect, secure and post receipts. All fees collected will be listed individually by event and summarized as a total dollar amount. b. Suggested Minimum Rental Percent shown below (Revenue Chart) Proposal Percent from Prospective candidates (below) 14 -6277 Facility Events Coordinator Packet Page -2788- 10% Total Per Rental Commission Event Event percent Rental from Facilities Rental Gross of Dollar Rental a a payable Revenue Revenues Amount Coordinator the Level Sub- Museums contractors $2,000 15.0% $300 $200 $500 $3,000 15.0% $450 $300 $750 $4,000 15.0% $600 $400 $1,000 $5,000 12.5% $625 $500 $1,125 $7,500 1 12.5% $938 $750 $1,688 $10,000 12.5% $1,250 $1,000 $2,250 $12,500 12.5% $1,563 $1,250 $2,813 $15,000 10.0% $1,500 $1,500 $3,000 $17,500 10.0% $1,750 $1,750 $3,500 $20,000 10.0% $2,000 $2,000 $4,000 $35,000 10.0% $3,500 $3,500 $7,000 $50,000 7.5% $3,750 $5,000 $8,750 $75,000 7.5% $5,625 $7,500 $13,125 $100,000 7.5% $7,500 $10,000 $17,500 Proposal Percent from Prospective candidates (below) 14 -6277 Facility Events Coordinator Packet Page -2788- 9/23/2014 16.D.19. Per Event Gross Revenue Level Rental Percent of Revenu es Rental Dollar Amount 10% Commission from Facilities Rental Coordinator Sub- contractors Total Event Rental payable to the Museums $2,000 0% $ $ $ $3,000 0% $ $ $ $4,000 0% $ $ $ $5,000 0% $ $ $ $7,500 0% $ $ $ $10,000 0% $ $ $ $12,500 0% $ $ $ $15,000 0% $ $ $ $17,500 0% $ $ $ $20,000 0% $ $ $ $35,000 0% $ $ $ $50,000 0% $ $ $ $75,000 0% $ $ $ $100,000 0% $ $ $ c. Non - Refundable Deposit is required when event is booked. An amount equal to fifty percent (50 %) or one thousand dollars ($1,000.00) of the rental portion is required. d. All rentals (remaining) portions are to be paid in full, ten (10) days prior to the event, unless approved by the Director (or their designate). e. All remaining commissions (10% of gross revenue) are due Net ten (10) business days after the close of the event, unless approved by the Director (or their designate) f. All events are based on four (4) hours in length. To modify an event's hours, will require approval by the Director (or their designate). g. Provide a written invoice /audit and remit revenues to the County, on a per event basis. h. Agree to seek and receive approval for any client, client event or activity prior to scheduling and or receiving associated funds. 6. Operations Management a. The Lessee will be responsible for obtaining any permits that may be required for rental activities. The County agrees to provide "priority access" to expedite permits within its jurisdiction and will work with other municipalities to help expedite the permit process outside the County's jurisdiction. 14 -6277 Facility Events Coordinator 8 Packet Page -2789- 9/23/2014 16.D.19. b. The Museum reserves the right to review and approve all vendors retained by the Lessee for use in rental activities on Museum properties. The Museum reserves the right to request security and background checks for all vendors and subcontractors. c. The Contractor will be required to have an insurance certificate of five hundred thousand dollars ($500,000) of liability coverage for each rental activity involving groups of one hundred (100) or more guests and ensure that all subcontractors comply with the same insurance requirements. The Board of County Commissioners must be named as "Additional Insured" on the insurance certificate. d. Designated locations at the Collier County Main Museum facility will be available for private rentals Monday through Friday from 5:00 pm to 10:00 pm (plus two (2) hours pre -event for setup and one (1) hour post event for cleaning), and on Saturday and Sunday from 9:00 am to 10:00 pm (plus one (1) hour for cleaning). The event rental times are subject to standing (previously scheduled) Museum events and programs throughout the year. Requests to modify the available times in the schedule, may be accommodated with approval by the Director of the Museum or their designate. e. Designated locations at the Naples Depot Museum will be available for private rentals Monday through Saturday from 5:00 pm to 10:00 pm (plus two (2) hours pre -event for setup and one hour post event for cleaning), and on Sunday from 9:00 am to 10:00 pm (plus one hour for cleaning). subject to standing Museum events and programs throughout the year. Requests to modify the available times in the schedule, may be accommodated with approval by the Director of the Museum or their designate. f. Designated locations at the Immokalee Pioneer Museum at Roberts Ranch will be available for private rentals Monday through Friday from 5:00 pm to 9:00 pm, and on Saturday and Sunday from 9:00 am to 9:00 pm, subject to standing Museum events and programs throughout the year. Requests to modify the available times in the schedule, may be made with approval by the Director of the Museum or their designate. g. All users of a rented space are expected to clean up after their event within four (4) hours after the event closes, leaving the facility in the same condition as it was received. If, the space is not cleaned and not left in the appropriate condition, an additional charge of fifty percent (50 %) of the rental deposit will be assessed to be paid by the renter. h. All rentals are subject to an Event Approval Application, unless approved by the Director (or their designate). i. All rentals must comply with Collier County codes, laws, ordinances, zoning, permitting, licensing, unless approved by the Director (or their designate). j. All events must be completed by 10:00 pm (plus one hour for cleaning) and may not begin before 11:00 am, unless approved by the Director (or their designate). A. Summary of Facilities Event Coordinator Responsibilities: a. Client procurement and management for the Rental of Museum Event Spaces b. All related Rental Event Advertising and Marketing will receive County approval prior to implementation. Reasonable consideration will be given by the County for such activities. 14 -6277 Facility Events Coordinator Packet Page -2790- 9/23/2014 16. D.19. c. County branding and logos including for the Museums maybe requested to be identified on all or some of the Advertising and Marketing activities related to rental and tour events. d. Advertising and Marketing for clients should include: i. Brochures ii. Press Releases iii. Social Media 1. www.collier /museums.com 2. www.colliermuseums.com - Virtual tours iv. Naples Chamber Website v. Event Expos vi. Print Adverting vii. Paradise Coast e. Sourcing of clients that are local, regional and national in nature f. Event management i. Scheduling ii. Procuring appropriate permits for the events iii. Sourcing and managing vendors providing goods and services for events iv. Revenue management at the event g. Collecting, coordinating and reimbursing to Collier County rental fees associated with events h. Processing of payments at the events and to the County B. Potential Clients that the Lessee will agree to advertise and market so as to rent the museum's spaces include: a. Small private gatherings, business meetings, team - building classes, hotel guest and group visits, luncheons, garden parties, private exhibits, intimate cocktail and dinner parties, wedding ceremonies, annual special events and photography classes are some of the expanded uses and services under consideration. General Operations • Safety and Preservation o Essential responsibilities will include effective communication to potential customers to create demand, promoting and delivering services while adjusting to current Museum activities, and providing an honest, high - quality experience without compromising the Museum's obligation to its safety and preservation of exhibits, collections, historic structures, school programs or scholarly activities. Term of Contract The contract term, if an award(s) is /are made is intended to be for an initial three (3) year period with options of two (2) additional one (1) year periods The County reserves the right to renegotiate event fees /rates at each renewal period. The County may, at its discretion renew the Agreement under all of the terms and conditions contained in this Agreement. The County shall give the Facility Event Coordinator written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 14 -6277 Facility Events Coordinator 10 Packet Page -2791- 9/23/2014 16.D.19. The County reserves the right to terminate the Agreement at any time upon sixty (60) days written notice. Fees shall remain firm for the initial term of this contract. Requests for consideration of a fee adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable 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 5/5/2014 Last Date for Receipt of Written Questions 5/23/2014 Pre - proposal meeting 5/13/2014 10:00 am Naples time Addendum Issued Resulting from Written Questions or Pre- Proposal Conference TBD Solicitation Deadline Date and Time May 29, 2014 2:30 m Naples time Anticipated Evaluation of Submittals June 2014 Anticipated Completion of Contract Negotiations July 2014 Anticipated Board of County Commissioner's Contract Approval Date July 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. 14 -6277 Facility Events Coordinator if Packet Page -2792- 9/23/2014 16.D.19. 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. 1. Tab I, Cover Letter / Management Summary (0 points, 1 page max.) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. List all proposed subcontractors who will participate on the team. 2. Tab II, Business Plan (20 points, 5 pages max.) In this tab, include: • Detailed plan of approach (including major tasks such as how the firm would go about getting groups /companies and individuals to rent the facilities. • Describe your marketing strategy. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3. Tab III, Total Event Rental Percentage Amount to be paid to the County (include the table below in tab III. (30 points, 1 page max) Per Event Gross Revenue Level Rental Percent of Revenu es Rental Dollar Amount 10% Commission from Facilities Rental Coordinator Sub- contractors Total Event Rental payable to the Museums $2,000 0% $ $ $ $3,000 0% $ $ $ $4,000 0% $ $ $ $5,000 0% $ $ $ $7,500 0% $ $ $ $10,000 0% $ $ $ $12,500 0% $ $ $ $15,000 0% $ $ $ $17,500 0% $ $ $ $20,000 0% $ $ $ $35,000 0% $ $ $ $50,000 0% $ $ $ $75,000 0% $ $ $ $100,000 0% $ $ $ 14 -6277 Facility Events Coordinator 12 Packet Page -2793- 9/23/2014 16.D.19. 4. Tab IV, Experience and Capacity of Firm (20 points, 2 page max.) In this tab, include: • Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members' successful experience in working with one another on previous projects. • List Current Projects in the Format Identified Below 5. Tab V, Specialized Expertise of Team Members (10 points, 2 page max.) In this tab, include: • Description of the proposed contract team and the role to be played by each member of the team. • 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 resumes of any sub - consultants and attach letters of intent from stated sub - consultants must be included with proposal submission. 6. Tab VI, References (10 points, 5 completed pages min. and max.) 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 number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points 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. 7. Local Vendor Preference (10 points) 14 -6277 Facility Events Coordinator 13 Packet Page -2794- 9/23/2014 16.D.19. 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 Score Points Awarded' Vendor ABC 445 20 Vendor DEF 435 19.6 Vendor GHI 425 19.1 Vendor JKL 385 17.3 Vendor MNO 385 17.3 Vendor PQR 250 11.2 Note: Sample chart reflects a 20 point reference criterion. 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. 8. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 9. Tab VIII, Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W -9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • Other: i.e. signed addenda, licenses or certifications, promotional materials, etc. 14 -6277 Facility Events Coordinator 14 Packet Page -2795- Exhibit II: General RFP Instructions 1. Questions 9/23/2014 16.D.19. Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.collieraov.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 2:30 pm, Naples local time, on or before June 2, 2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Rhonda Cummings, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the 14 -6277 Facility Events Coordinator 15 Packet Page -2796- 9/23/2014 16.D.19. Purchasing /General Services 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 five (5) 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 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 14 -6277 Facility Events Coordinator 16 Packet Page -2797- 9/23/2014 16.D.19. 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 II, Business Plan 20 Tab III, Cost of Services to the County 30 Tab IV, Experience and Capacity of Firm 20 Tab V, Specialized Expertise of Team Members 10 Tab VI, 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. 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 -6277 Facility Events Coordinator 17 Packet Page -2798- Exhibit III: Collier County Purchase Order Terms and Conditions Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and /or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and /or services, or any similar act by VENDOR. 3. Inspection All goods and /or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by 9/23/2014 16.D.19. VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and /or services provided early in the term of the Purchase Order are non - conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and /or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or 14 -6277 Facility Events Coordinator 18 Packet Page -2799- 9/23/2014 16.D.19. equipment at VENDOR'S expense of, or the time required for performance that is not marked with Purchase of the Purchase Order, an equitable Order numbers. VENDOR agrees adjustment in the price and /or delivery to declare to the carrier the value of schedule will be negotiated by the any shipment made under this COUNTY and VENDOR. Purchase Order and the full invoice Notwithstanding the foregoing, value of such shipment. VENDOR has an affirmative obligation d) All invoices must contain the to give notice if the changes will Purchase Order number and any decrease costs. Any claims for other specific information as adjustment by VENDOR must be made identified on the Purchase Order. within thirty (30) days from the date the Discounts of prompt payment will be change is ordered or within such computed from the date of receipt of additional period of time as may be goods or from date of receipt of agreed upon by the parties. invoices, whichever is later. Payment will be made upon receipt 7. Warranties of a proper invoice and in VENDOR expressly warrants that the compliance with Chapter 218, Fla. goods and /or services covered by this Stats., otherwise known as the Purchase Order will conform to the "Local Government Prompt Payment specifications, drawings, samples or Act," and, pursuant to the Board of other descriptions furnished or specified County Commissioners Purchasing by the COUNTY, and will be of Policy. satisfactory material and quality production, free from defects and Time Is Of the Essence sufficient for the purpose intended. Time for delivery of goods or Goods shall be delivered free from any performance of services under this security interest or other lien, Purchase Order is of the essence. encumbrance or claim of any third party. Failure of VENDOR to meet delivery These warranties shall survive schedules or deliver within a reasonable inspection, acceptance, passage of title time, as interpreted by the COUNTY in and payment by the COUNTY. its sole judgment, shall entitle the COUNTY to seek all remedies available 8. Statutory Conformity to it at law or in equity. VENDOR Goods and services provided pursuant agrees to reimburse the COUNTY for to this Purchase Order, and their any expenses incurred in enforcing its production and transportation shall rights. VENDOR further agrees that conform to all applicable laws, including undiscovered delivery of nonconforming but not limited to the Occupational goods and /or services is not a waiver of Health and Safety Act, the Federal the COUNTY'S right to insist upon Transportation Act and the Fair Labor further compliance with all Standards Act, as well as any law or specifications. regulation noted on the face of the Purchase Order. Changes The COUNTY may at any time and by 9. Advertising written notice make changes to No VENDOR providing goods and drawings and specifications, shipping services to the COUNTY shall advertise instructions, quantities and delivery the fact that it has contracted with the schedules within the general scope of COUNTY for goods and /or services, or this Purchase Order. Should any such appropriate or make use of the change increase or decrease the cost COUNTY'S name or other identifying 14 -6277 Facility Events Coordinator 19 Packet Page -2800- marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that 9/23/2014 16.D.19. they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure 14 -6277 Facility Events Coordinator 20 Packet Page -2801- 9/23/2014 16.D.19. Neither the COUNTY nor VENDOR and VENDOR has failed to cure within shall be responsible for any delay or 10 days of receipt of such notice. failure in performance resulting from any cause beyond their control, including, 19. General but without limitation to war, strikes, civil a) This Purchase Order shall be disturbances and acts of nature. When governed by the laws of the State of VENDOR has knowledge of any actual Florida. The venue for any action or potential force majeure or other brought to specifically enforce any of conditions which will delay or threatens the terms and conditions of this to delay timely performance of this Purchase Order shall be the Purchase Order, VENDOR shall Twentieth Judicial Circuit in and for immediately give notice thereof, Collier County, Florida including all relevant information with b) Failure of the COUNTY to act respects to what steps VENDOR is immediately in response to a breach taking to complete delivery of the goods of this Purchase Order by VENDOR and /or services to the COUNTY. shall not constitute a waiver of breach. Waiver of the COUNTY by 15. Assignment any default by VENDOR hereunder VENDOR may not assign this Purchase shall not be deemed a waiver of any Order, nor any money due or to become subsequent default by VENDOR. due without the prior written consent of c) All notices under this Purchase the COUNTY. Any assignment made Order shall be sent to the respective without such consent shall be deemed addresses on the face page by void. certified mail, return receipt requested, by overnight courier 16. Taxes service, or by personal delivery and Goods and services procured subject to will be deemed effective upon this Purchase Order are exempt from receipt. Postage, delivery and other Florida sales and use tax on real charges shall be paid by the sender. property, transient rental property A party may change its address for rented, tangible personal purchased or notice by written notice complying rented, or services purchased (Florida with the requirements of this section. Statutes, Chapter 212), and from federal d) The Vendor agrees to excise tax. reimbursement of any travel expenses that may be associated 17. Annual Appropriations with this Purchase Order in The COUNTY'S performance and accordance with Florida Statute obligation to pay under this Purchase Chapter 112.061, Per Diem and Order shall be contingent upon an Travel Expenses for Public Officers, annual appropriation of funds. employees and authorized persons. e) In the event of any conflict between 18. Termination or among the terms of any Contract This Purchase Order may be terminated Documents related to this Purchase at any time by the COUNTY upon 30 Order, the terms of the Contract days prior written notice to the Documents shall take precedence VENDOR. This Purchase Order may be over the terms of the Purchase terminated immediately by the COUNTY Order. To the extent any terms and for breach by VENDOR of the terms and /or conditions of this Purchase Order conditions of this Purchase Order, duplicate or overlap the Terms and provided that COUNTY has provided Conditions of the Contract VENDOR with notice of such breach Documents, the provisions of the 14 -6277 Facility Events Coordinator 21 Packet Page -2802- Terms and /or Conditions that are most favorable to the County and /or Packet Page -2803- 9/23/2014 16.D.19. provide the greatest protection to the County shall govern. 14 -6277 Facility Events Coordinator 22 9/23/2014 16.D.19. 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 -6277 Facility Events Coordinator 23 Packet Page -2804- 9/23/2014 16.D.19. 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 80% 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 Packet Page -2805- 14 -6277 Facility Events Coordinator 24 9/23/2014 16.D.19. Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Invoice or Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(cDcollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in 14 -6277 Facility Events Coordinator 25 Packet Page -2806- 9/23/2014 16. D.19. 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; 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. 14 -6277 Facility Events Coordinator 26 Packet Page -2807- 9/23/2014 16.D.19. 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 Purchasing 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.org /search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number 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 - 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. 14 -6277 Facility Events Coordinator 27 Packet Page -2808- 9/23/2014 16.D.19. 17. Survivability Bids (ITBs /RFPs): The Contractor agrees that any Work Order /Purchase Order that extends beyond the expiration date of Solicitation 14 -6277 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order /Purchase Order. 18. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. 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 Purchasing 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 Purchasing 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. 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. 14 -6277 Facility Events Coordinator 28 Packet Page -2809- 9/23/2014 16.D.19. 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 Bidder/Vendor does not comply with providing 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.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Collier County Local Preference Policy 14 -6277 Facility Events Coordinator 29 Packet Page -2810- 9/23/2014 16.D.19. 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 11 B.2 (which are subject to Section 287.055, F.S.) and subsection 11 B.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 -6277 Facility Events Coordinator 30 Packet Page -2811- 9/23/2014 16.D.19. per county Adnirri&aive Services DMsion 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 -6277 Facility Events Coordinator, 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: Packet Page -2812- Date 14 -6277 Facility Events Coordinator 31 9/23/2014 16.D.19. Co per County Adrnirii&Vm services Wsbn 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: Rhonda Cummings, Procurement Strategist ❑ The mailing envelope must be sealed and marked with Solicitation 14 -6277 Facility Events Coordinator and May 28,_2_014 230 PM. ❑ 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: Packet Page -2813- Date 14 -6277 Facility Events Coordinator 32 9/23/2014 16.D.19. Co per County Adm nistralim Servioes Wsion 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 Purchasing /General Services 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 20 , by identification Notary Public My Commission Expires day of , who is personally known to me to be the for the Firm, OR who produced the following Packet Page -2814- 14 -6277 Facility Events Coordinator 33 9/23/2014 16.D.19. C per County AdrriNsrdfiveSelvicesIDMsion PvrchasiN Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 14 -6277 Facility Events Coordinator 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 -6277 Facility Events Coordinator (Proposal Continued on Next Page) 14 -6277 Facility Events Coordinator 34 Packet Page -2815- 9/23/2014 16.D.19. 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: Company name used as payee (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from 14 -5277 Facility Events Coordinator 35 Packet Page -2816- above) Contact name: Title Address: City, State, ZIP 9/23/2014 16. D.19. Telephone: Email 14 -6277 Facility Events Coordinator 912 Packet Page -2817- 9/23/2014 16.D.19. COfter County SeMms Dmsm Purch-M Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 14 -6277 Facility Events Coordinator (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non - permanent structure such as a construction trailer, storage shed, or other non - permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 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: STATE OF FLORIDA Title: Packet Page -2818- 14 -6277 Facility Events Coordinator 37 9/23/2014 16.D.19. ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) Packet Page -2819- 14 -6277 Facility Events Coordinator 38 9/23/2014 16.D.19. C;& County ,Admnsvatve services cimsion Purchasing Attachment 6: Immigration Affidavit Certification Solicitation: 14 -6277 Facility Events Coordinator This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor / Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by identification. (Print or Type Name) Notary Public Signature Printed Name of Notary Public who has produced (Type of Identification and Number) Packet Page -2820- as 14 -6277 Facility Events Coordinator 39 9/23/2014 16.D.19. Notary Commission Number /Expiration The signee of this Affidavit guarantee, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 14 -6277 Facility Events Coordinator 40 Packet Page -2821- 9/23/2014 16.D.19. Crier Comity Adaninisbatiue SeMoes 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 Na (as shown on income tax return) BBusiness Na (iTdifferent from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit / Payment Information Address Address City State Zip City State Zip FAX Email FAX Email 2. Company Status (check only one) _ Individual / So e Proprietor _ Corporation _ Partnership Packet Page -2822- ie ie 14 -6277 Facility Events Coordinator 41 O1')�17O1 ^ 19 Q 10 —Tax Exempt a deral Income tax- _ Limited la I ity Company "' ' T ' ` exempt entity under Internal Revenue Service uidelines IRC Enter the tax classification 501 c 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 -6277 Facility Events Coordinator 42 Packet Page -2823- 9/23/2014 16.D.19. c6 er cam y Administra&e &Noes Dmsion Purchasing Attachment 8: Insurance and Bonding Requirements insurance e /Bond Type < Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Compensation Government Statutory Limits and Requirements 2. ® Employer's Liability 3. ® Commercial General Liability (Occurrence Form) patterned after the current ISO form $ single limit per occurrence Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 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 $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per noted: Occurrence ❑ 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 Packet Page -2824- Occurrence ❑ Pollution Occurrence ❑ Professional Liability $_ Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate 9/23/2014 16.D.19. Per Per ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ® Employee Dishonesty Bond $100,000 Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ® Liquor Liability: $500,000 Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 14 -6277 Facility Events Coordinator 44 Packet Page -2825- 9/23/2014 16.D.19. 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 Vendor Signature Print Name Insurance Agency Agent Name Packet Page -2826- Date Telephone Number 14 -6277 Facility Events Coordinator 45 Go er county Adrnidambw Servioes Division Purchasing Attachment 9: Reference Questionnaire Solicitation: 14 -6277 Facility Events Coordinator Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) Email: FAX: 9/23/2014 16.D.19. (Evaluator's Company completing reference) Tele 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 Description: Project Budget: Change Orders - Dollars Added : Completion Date: Project Number of Days: Change Orders - Days Added: Item Crteria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 14 -6277 Facility Events Coordinator 46 Packet Page -2827- 9/23/2014 16.D.19. Please FAX this completed survey to: Packet Page -2828- By 14 -6277 Facility Events Coordinator 47 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County 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: Packet Page -2828- By 14 -6277 Facility Events Coordinator 47