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Backup Documents 09/27/2016 Item #16D16Jula,21;z) AlthouseTamm ' ' -()6QS From: Te c Scott l 7 Sent: T r day, February 16, 2017 3:01 PM To: Alt ouseTammy C� Subject: FW: OF -Stein PO 4500174632 Attachments: PO Terms and Conditions_12182013.pdf; Add um 1.pdf; Stein.PO 45 74632.pdf; University of Florida Eco study contract.pdf Tammy, Please set this up as an PLS for assignment. Thanks. 4^ r Irr Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252.8400 Fax: (239) 252-6300 Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 Under Florida _ave, e-rnai! addresses are pulaf€c records. if you do not want your e-mail address released in resp a pudic LAorcls re st, do not send electronic ma€i to this ent€ty. Instead, contact this office by telephone or in writing. From: HerreraSandra i Sent: Thursday, February 16, 2017 3:00 PM d To: TeachScott Cc: AlthouseTammy; KlatzkowJeff; LeighTwyla; CarnellSteve Subject: FW: OF -Stein PO 4500174632 LA Scott: Please let us know if you have any objections to the University of Florida's requested"changes to our terms and conditions. I have attached the scope of work that has been uploaded with the purchase ord r Sandra Herrera, ACP Q Procurement Manager -Contract Administration Collier County Procurement Services Division 3327 Tarniami Trail East, Building G �( Naples, Florida 34112 s Telephone: (239) 252-4270 Facsimile: (239) 252-6549 Cellular: (239) 227-9103 sandraherrera collier ov.net �� r w .............._.,._.,.,r.,..,.. ................. From: CoymanTed Sent: Tuesday, February 14, 2017 2:01 PM To: CarnellSteve; HerreraSandra Cc: LeighTwyla; TeachScott Subject: RE: OF -Stein PO 4500174632 I If the University of Florida is seeking to negotiate the County Purchase Order and General Terms and Conditions, I would ask that you work with Sandra Herrera on that subject. I have also copied Scott Teach from the County Attorney's Office so he is aware. Ted From: CarnellSteve Sent: Wednesday, February 01, 2017 10:32 AM To: CoymanTed Cc: LeighTwyla Subject: FW: OF -Stein PO 4500174632 Importance: High Good morning Ted. Enclosed is correspondence regarding a p.o. issued in December to the University of Florida. The p.o. is part of a Tourist Development grant to have OF perform a study in Collier County to determine the viability of and interest in changing the focus of our local Sea Grant educational program to be more centered on eco and agtourism education for local businesses. OF is taking exception to some of the standard terms and conditions within the p.o. Twyla Leigh is our University Extension director coordinating the study with facility in Gainesville, Who should she work with within your division to address these issues? Please let her know and thanks. Steve From: Leigh,Twyla Rose [mailto:twvlaleigh@ufl.edu] Sent: Wednesday, February 1, 2017 10:23 AM To: AlonsoHailey Cc: CarnellSteve; Springs,Paula Subject: FW: OF -Stein PO 4500174632 Importance: High Hi Hailey, Who worked on the terms and conditions of the study grant? I'm thinking the appropriate office should review and approve the addendum. The addendum looks fine to me. Thank you for your help! Twyla From: Perry,Devin fmailto:dvnperry@ufl.edu] Sent: Friday, January 27, 2017 3:23 PM To: 'twyla leigh @ co I I ie rgov. net' <twvlaleighCascollier og v.net> Cc: Stein,Taylor Verne <tstein@ufl.edu>; Lawson,Samuei L <samuell8@ufl.edu> Subject: OF -Stein PO 4500174632 Collier County Purchase Order Terms and Conditions 1. 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 herein) 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 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 equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the 'Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy, S. Time Is Of the Esse nee Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. G/ Operatlons/Document Approved by Attorney Reviewed 12/18113; 515110 Good Afternoon Twyla, We received the attached P.O. for University of Florida PI Dr. Taylor Stein. The University of Florida is also an entity of the State of Florida and as such has to abide by Florida Statutes. Furthermore, we are an institution of higher education dedicated to research. Our services are research related and provided on a best effort basis and are not subject to a warranty. There are some items in the terms and conditions attachment that the University of Florida cannot accept. I have attached an addendum with our changes for your review. We would appreciate if you could attach this addendum to a change order and incorporate it as a part of the terms and conditions. if you have any questions, please do not hesitate to call us. We look forward to your reply. Thank you for your attention. Best, Devin Devin Perry Sponsored Programs Analyst II Division of Sponsored Programs University of Florida Tel: (352) 392-9280 Email: dvnperrva-ufl,edu Under Florida Lasa, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this suffice by telephone or in writing. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order, 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COU NTY'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 a) 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, b) 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). c) 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 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, at 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 G1 Operations/Document Approved by Attorney Reviewed 12118113; 5/5110 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 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void_ 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida, The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. GI OperationslDocument Approved by Attomey Reviewed 12118113; 515110 Addendum 1 Section 5: Delete; "VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications." Section 7: Delete all Section 10: Delete all and Replace with: "The VENDOR assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions ofthe VENDOR and the officers, employees, servants, and agents thereof while acting in the scope of their employment by VENDOR. The VENDOR and COUNTY further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the VENDOR, the State of Florida, or their agents and agencies to be sued; or (3) a waiver of the sovereign inununity of the VENDOR, the State of Florida, and their agents and agencies beyond the waiver provided in Section 76$.28, Florida Statutes." Section 11: Delete: Parts b and c Section 12: Delete: "All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida." Add: "The VENDOR has insurance provided through a self-insurance trust fund. The self-insurance provides coverage for liability under 768.28 and also Workers Camp coverage. VENDOR does not buy insurance policies for sponsored projects or add sponsors as "Additional insureds."" Section 13: Delete: "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." Replace above statement with: "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 with 30 days written notice to VENDOR." Section 18: Delete all and Replace with: "This agreement may be terminated by either party upon no less than 30 days' notice, with or without cause. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. In the case of termination, only the percent of satisfactory progress actually achieved to the date of termination will be due and payable to the VENDOR, as well as any non - cancellable obligations." Send all Invoices to: Collier County Board of County Commissioners Collier County Board of County Commissioners Procurement Services Division Attn: Accounts Payable Phone: 239-252-8407 3299 Tamiami Td E Ste 700 Fax: 239-732-0844 Naples FL 34112-5749 Tax Exempt: 85-80159665310-1 OR email to: bccapclerk@colliercierk.com Vendor # 126110 UNIVERSITY OF FLORIDA FOREST RESOURCES AND CONSERVATION 33 TIGERT HALL, BOX 113201 GAINESVILLE FL 32611 Please deliver to: TOURISM DEVELOPMENT 2660 N HORSESHOE DRIVE, STE 105 NAPLES FL 34104 00010 Eco -tourism study FY 2017 University of Florida School if Forest Resources and Conservation 184-101543-648170 Florida State Statue 125.0104 Purchase Order number must appear an all related correspondence, shipping papers and Invoices: PO Number 4600174632 oeL.12106!2416 Contact Person Tourism Dept Telephone 239-252-2966 Terms of Payment VENDOR Terms and Conditions Delivery Dale: 09/30/2017 Net 30 Days 36,850 EA 1.00 36,850.00 The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site: http:llpurchasing.r,olliergov,net/Purchasing%20PolicyiFormstAllitems.aspx, including delivery and payment terms. Further the VENDOR agrees to: Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above. Notify department Immediately if order fulfillment cannot occur as specified. Send all invoices to: Collier County Board of County Commissioners Attn: Accounts Payable 3299 Tamiami Trl E Ste 700 Naples FL 34112-5749 OR email to: bccapclerk@colliercierk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: F-447? Edward F. Coyman Jr, Director, Procurement Services Division Printed 12106!2016 @ 13MA 9 184-101543-648170 Page 1 of 1 UNIV RSITY UFFLORMA E WIFAS 118 Neivins-Ziegler Hal l School of Forest Resources and Conservation iO Box 110410 Gainesville, FL 32611.-0410 Expanding Collier County's Tourism Market and Value through an Extension Education Needs Assessment Submitted by Dr. Taylor Stein, professor and Dr. Jose Soto, post doe School of Forest Resources and Conservation This proposal provides a scope of work and budget for a needs assessment.for Collier County, which would focus on identifying ecotourism training and educational opportunities for County businesses and stakeholders by the Collier County Extension Offlce. A needs assessment is an essential first step in developing any major educational program. Therefore, this assessment will be designed to provide a framework in which OF Extension can partner with Collier County tourism professionals to develop a strategy, which will allow OF Extension to best assist in tourism development and promotion. Although the proposed needs assessment will be designed to identify and clarify the focus of an ecotourism Extension program in Collier County, it is expected that this position would provide a variety of benefits to the Naples, Marco Island, Everglades Convention and Visitors Bureau. For example, an Extension education program could • help develop new tourism opportunities in partnership with the CVB by helping to create new ecotourism-related businesses, partnerships, and tourism packages, which would attract new visitors to the County as well as extend the stay of existing visitors; • research and educate existing tourism businesses on trends related to emerging nature - based activities and marketing approaches to attract and reach key audiences (e.g., millennials); • partner with the CVB to inventory nature -based attractions and develop an Internet portal of those attractions throughout Collier County for tourists and local residents; and • develop and expand tourism partnerships with public environmental agencies like National Park Service and Florida State parks and other institutions like the Conservancy of Southwest Florida to add value to the variety of nature areas and sustainable initiatives that currently exist in Collier. As Collier County continues to be one of the most popular tourist destinations on Florida's Gulf Coast, there is potential for businesses to take increased advantage of the numerous nature - based recreation and tourism opportunities available. Collier County is already known for spectacular nature -based attractions, managed by numerous public land management agencies (e.g., Big Cypress National Preserve, Ten Thousand Islands National Wildlife Refuge, Fakahatchee Strand State Preserve, and many others). Also, several environmental organizations like the Conservancy of Southwest Florida and Audubon Corkscrew Swamp Sanctuary have long embraced ecotourism as an education and economic tool. A variety of Collier County businesses currently exist that accommodate the diverse needs of eco -travelers; The Foundation for The Gator Nation An Equal Opportunity IMOtution however, a focused, ecotourism education program could greatly increase and improve the economic opportunities provided by ecotourism in Collier County. Given the existing success of ecotourism opportunities in Collier County, it is logical for the County to focus on educational and development initiatives, which will better position the county as an ecotourism destination. The OF Extension Program has a long history of working with business and landowners to develop, expand, and improve economic opportunities dependent upon Florida's natural resources, The Collier County Extension Office is in a strong position to provide important, consistent, and relevant educational opportunities to help landowners and businesses capture this growing ecotourism market. however, to ensure success, an educational program, such as this, must understand its audience, type of information and skills they need, and desired educational approaches before it begins. The proposed needs assessment is designed to answer these key questions. Scope of Work 'I'o conduct this needs assessment, University of Florida researchers and Extension personnel will implement the following three step process: 1. Identify key audiences. • Work with the Tourist Development Council and Naples/Marco Island/Everglades Convention & Visitors Bureau to conduct a needs assessment of their members; • identify other potential audiences they believe could be served with this needs assessment such as rental companies, transportation companies (e,g., bike shops, outdoor sports equipment transportation -- kayaks, paddleboards, canoes), and restaurants; and • Engage other audiences: permanent residents, public land management agencies (e.g., city, county, and state park agencies), environmental groups, visitors, and/or retirees. DELIVERABLES: A written list of individuals, agencies, businesses, interest groups, citizens and others to be targeted for input through focus group meetings. DELIVERY DATE: Within 30 calendar days from the issuance of a notice to proceed. AMOUNT TO BE PAID: $6600 (includes salary, travel, and equipment) 2. Conduct focus/nominal groups with audiences to identify a comprehensive list of topics ecotourism training needs. Potential questions would be asked that provide a broad overview of the topics and educational channels, which would most benefit them through an ecotourism Extension program. Questions could include • What would they like to see happen as a result of ecotourism? (For hotels, do they expect to see an uptick in people staying the extra day? Do businesses hope to see x%, of growth?) • What are they currently doing now to promote ecotourism? • What information or other resources do they need to help them get to where they want to go? • What do they already know/want to know about ecotourism? DELIVERABLES: An itemized list of focus group meetings (including date, time, place and the names of those attending) conducted pertaining to the prospective development of local ecotourism training and awareness programs. A summary of the input received from the various meetings, including a draft questionnaire that includes questions to gather data from the local business community, citizens, and visitors. A proposed plan for implementing the survey. DELIVERY DATE: Within 60 calendar days from the issuance of a notice to proceed AMOUNT TO BE PAID: $11,000 (includes salary, travel, and equipment) 3. Survey existing and potential tourism professionals to determine their interest and motivation to participate in ecotourism Extension workshop opportunities. Convert focus group information, along with existing ecotourism needs assessment research, into a survey of Collier County tourism businesses and stakeholders. • Identify the most appropriate method to distribute the survey - on-line, mail -back, and/or in person. • Administer the survey to key audiences. Enter and analyze data. • Develop reports and presentations to highlight key ecotourism topics to be addressed by an Extension program in ecotourism. DELIVERABLES: An itemized list of all surveys conducted including: survey dates survey; targeted audience(s); number of individuals solicited; and number of responses received. • A complete analysis of the survey data that includes trends, areas of strong agreement, disagreement, etc. An informed opinion as to whether there is sufficient local interest in developing an training and educational program targeted to ecotourism businesses and visitors and if so, a brief narrative that identifies recommended implementation strategies. DELIVERY DATE: Within 90 calendar days from the issuance of notice to proceed AMOUNT TO BE PAID: $19,250 [includes salary, travel, and equipment) Direct responses to: Taylor Stein, Professor tsteiri(hut1_,e_du 352-846-0860 FAX 35.2-846-1277 3 4 D / W EXECUTIVE SUMMARY Recommendation to approve Category B Tourist Development Tax grant in the arrmnn.t of S36JM to the University of Florida Extension Service to condom an eco -tourism training assessment for Collier County Convention and Visitors Bureau and make a finding that this expersditure promotes tourism. OBJ.F TIVlF": approval of"a study to identify partnerships to assist the Tourism Division in promoting eco -tourism in Collier County. CONSIDERATIONS: The University of Florida Extension Service has proposed to develop a study to bqc cconductcd by }»xteos+on office staff (all arc State of Florida or University of Florida employees that the County- will share in their salary and benefit cost) and University of Florida staff on eco -tourists. This study would consist of Focus groups and face to face interviews with individuals and groups such as eco tour providers, hotels, transportation companies, visitors., citizens and others in the community with an interest in furthering eco -tourism in Collier County. The results of this research would be compiled and reports created for presentation to the'Fourist Development Council and County Commission. The goal of the Extension Office staff is to identify a training and education program targeted to eco -tourism businesses in Southwest Florida and to educate visitors to this area on how to access and enjoy the mo experiences offered here. The phases of'the project are proposed as Follows: Phase 1: DELIVERABLES: A written list of individuals. agencies, businesses, interest groups, citizens and others to be targeted for input through focus group meetings, D LIVERY DATE:: Within 30 calendar days from issuance of a notice to procced. AMOUNT TO BE PAID, $6,600 (includes sakuy, travel, and equipment) Phase IL DELIVERABLES: An itemized list of focus group meetings (including date, time, place and the natrtes of those attending) conducted pertaining to the prospective development of local ecotourism training and awareness programs. A summary or the input received from the various meetings, including a draft questionnaire that includes questions to gather data from the local business community, citizens,, and visitors. A prtTosed plan for implementing the survey.. DEL1V F',RY DAM Within 60 calendar days from issuance of notice to proceed Amown TO BE PAID: $11,000 (includes salary, travel, and equipment) Phrase III: DELIVERABLES: An itemized list of all surveys conducted including: survey dates survey; targeted audience(s); numk-r of individuals solicited; and number of responses received. A complete analysis of the survey data that includes trends, arras of strong agreement, disagreement, etc. An inibrtned opinion as to whether there is sufficient local interest in developing a training and educational program targeted to ewtourism businesses and visitors and if so, a brief narrative that identities recommended implementation strategies. DO=UV ERY DATE:: Within 90 calendar days from issuance of a notice to proceed AMOUNT TO BE PAID: $19,250 (includes salary, travel, and equipment) The Collier County Procurement Ordinance 2013-69 (as amended) indicates a waiver to the requirement for three quotes 1`6i Educational Institutions per section eight, part B 2 for purchases under $30,000: E3. The requirements for requesting quotes from three (3) or more sources may be waived by the Procurement cervices Director to the extent authorized by law for: .. Processional services, and, in instances where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agency, a recognized educational institution, or when there are no ether identifiable sources available. The work will be awarded via County Purchase Order. TOURIST DEVELORNIENT DAT10N: On August 22, 2016 the TDC unanimously approved the study proposal with the stipulation that consideration also be given to Agricultural Eco Tourism in the study. The team conducting the study has agreed to include "Ag tourism" entities in the outreach effort. FISCAL IMPACT. The projected cost to Collier County for this study would be $36,850. Funding would conte from Fund 180 Contractual Services in the proposed FY 17 •tourism Division budget. GROV!1t3 MAMA,GEMEN a _,% . ACT: There is no impact tea the Grownh Management Plan with this Executive Summary LEGAL CONStDFRAT1ONa: This item has been approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: That the Board of County Commissioners approves a Category B Tourist. Developmcnt Tax Grant in the amount of $36,850 to the University of Florida Extension Service to conduct an ecotourisrn training assessment for Collier County Tourism and make a finding that this project promotes tourism. Prepared by: Jack Wert, T'ourisrn Director ADDENDUM 1 Revisions to Collier County Purchase Order Terms and Conditions The following changes to the Collier County's Purchase Order Terms and Conditions, attached hereto as Exhibit A,have been mutually agreed to by the University of Florida and the Collier County Board of Customer Commissioners: Section 5: Delete: "VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications." Section 7: Delete all Section 10: Delete all and Replace with: "The VENDOR assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of the VENDOR and the officers, employees, servants,and agents thereof while acting in the scope of their employment by VENDOR. The VENDOR and COUNTY further agree that nothing contained herein shall be construed or interpreted as(I)denying to either party any remedy or defense available to such party under the laws of the State of Florida;(2)the consent of the VENDOR,the State of Florida,or their agents and agencies to be sued;or(3)a waiver of the sovereign immunity of the VENDOR,the State of Florida,and their agents and agencies beyond the waiver provided in Section 768.28,Florida Statutes." Section 11: Delete: Parts b and c Section 12: Delete:"All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida." Add: "The VENDOR has insurance provided through a self-insurance trust fund. The self-insurance provides coverage for liability under 768.28 and also Workers Comp coverage. VENDOR does not buy insurance policies for sponsored projects or add sponsors as"Additional insureds.''" Section 18: Delete all and Replace with: `This agreement may be terminated by either party upon no less than 30 days' notice,with or without cause.Notice shall be delivered by certified mail,return receipt requested,or in person with proof of delivery, In the case of termination, only the percent of satisfactory progress actually achieved to the date of termination will be due and payable to the VENDOR,as well as any non- cancellable obligations." ADDENDUM I Revisions to Collier Count,Purchase Order Terms and Conditions IN WITNESS WHEREOF,the parties have each, respectively, by an authorized person or agent, have executed this Addendum A on the date(s)indicated below. BOARD OF COUNTY COMMISSIONERS in an Legality: OF CO _I ,FLORIDA 4colTirir 'Gv By: . i A — _ ott R.Teach Edward F.Coyman,Jr. Deputy County Attorney Director Procurement Services Date: ,/—/6' a U l7 University of Florida By: Assoc ate Director of Research Print Name and Title Date: s• •y 4'1 Witnessed By:Devin Perry Date: 2 ADDENDUM I Revisions to Coils County Purchase Order Terms and Conditions Exhibit A .0%344,, Collier County ` Purchase Order Terms and Conditions • • • 1. 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 herein) constitutes the entire agreement between the pmrtino, 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 theCOUNTY'8mooepCaooeorpaymentbrenyde|iverynfgondoand/o,oervioem. o,onyoimi|a,*u(byVENDOR � 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. AU 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 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 pauking, 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 equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoiceo, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Staua., otherwise known as the "Local Government Prompt Payment Ao.^ and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. caOperations/Document*ppmv d by Attorney Reviewed 12/18/13;5/5/10 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying 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 a) 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. b) 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). c) 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 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 GI Operations/Document Approved by Attorney Reviewed 12118/13;5/5/10 • • • • • • • 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 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, otrikem, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, • including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods • and/or services to the COUNTY, • 15. Assignment • VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written • • • consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212) and from federal excise tax. 17, Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual • appropriation of funds 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Q/der, provided that COUNTY has provided VENDOR with notice of such • • • breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida, The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061. Per Diem and Travel Expenses for Public Officero, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Dnouments, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. GI Attorney Reviewed 12/18/13,5/5/10 . �