Agenda 09/11/2012 Item #16F 3 Proposed Agenda Changes
Board of County Commissioners Meeting
September 11,2012
Withdraw Item 11G: Recommendation for direction and approval to advertise an ordinance
superseding Ordinance 87-25,as amended by Ordinance 2000-54,revising and establishing the
Collier County Purchasing Policy; providing for duties and authority for the County Manager or
designee; providing for the Administrative Purchasing Procedures; providing for Conflict and
Severability and Effective Date. (Staff's request)
Move Item 16A17 to Item 11I: Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County,Florida supporting the County's applications to Florida
Department of Environmental Protection(FDEP) for Long Range Budget Plan Requests for Inlet
Management Plan and Beach Renourishment Projects for Fiscal Year 2013-2014 and authorization
of any necessary budget amendments. (Commissioner Hiller's request)
Move Item 16A23 to Item 11J: Recommendation to direct the County Manager or his designee to
submit a grant application to the Gulf Tourism and Seafood Promotional Fund to expand Collier
County's artificial reefs. (Commissioner Hiller's request)
Withdraw Item 16E5: Recommendation to provide after-the-fact approval for a Federal
Emergency Management Agency Staffing for Adequate Fire and Emergency Response(SAFER)
Grant application in the amount of$610,720 to hire four firefighters for the Isles of Capri Fire
Rescue District. (Staff's request)
Withdraw Item 16E10: Recommendation to provide after-the-fact approval of a Federal
Emergency Management Agency's Staffing for Adequate Fire and Emergency Response(SAFER)
Grant Application in the amount of$916,080 to hire six Firefighters for the Ochopee Fire Control
District. (Staffs request)
Continue Item 16F8 to the September 25,2012 BCC Meeting: Recommendation to approve a
contract Request for Proposal No. 12-5895"Impact Fee Study and authorizes the chairman to sign
the county attorney approved agreement with Tindale-Oliver and Associates,Inc. (Estimated
contract value over four(4)years is$950,000). (Staff's request)
Move Item 16F3 to Item 11K: Recommendation to
approve the award of ITB 12-5893 for Tourism
International Representation Services for UK/Ireland
to OMMAC, Ltd. and for Europe to Diamonde and
corresponding tourism agreements at a combined total
annual cost of $400,000 to include a revised
termination notification period of 60 days.
(Commissioner Hiller's request)
9/11/2012 Item 16.F.3.
EXECUTIVE SUMMARY
Recommendation to approve the award of ITB 12 -5893 for Tourism
International Representation Services for UK/Ireland to OMMAC, Ltd. and
for Europe to Diamonde and corresponding tourism agreements at a
combined total annual cost of $400,000 to include a revised termination
notification period of 60 days.
OBJECTIVE: Recommend selection of International Representation firms for
tourism in UK/Ireland and in Europe.
CONSIDERATIONS: Tourism has had representation in key international
markets for several years. In the UK and Ireland we have been represented by
OMMAC, Ltd., and we have been represented in Europe by Diamonde based in
Stuttgart Germany. Full time international representation is an important element
in our marketing efforts to attract visitors from our target feeder markets of
Germany and the UK. In accordance with Collier County Purchasing Policy,
these services were advertised in Intent to Bid format. Six companies with
experience in representing destinations submitted on -line bids for these services.
The bid criteria indicate that for UK representation the number one choice is
OMMAC, Ltd. and for European representation the number one choice is
Diamonde. Both companies are experienced with our destination and have
increased our presence in the international market dramatically.
The standard thirty (30) day termination period was revised to sixty (60) days due
to the number of assignments and scheduled projects in the scope of work for
each vendor.
FISCAL IMPACT: UK /Ireland representation is $10,000 in monthly service fees
($120,000 annually) and up to $80,000 per year in reimbursable travel and other
promotional expenses for a total annual cost of $200,000. European
representation services are $8,500 in monthly service fees ($102,000 annually)
and up to $98,000 per year in reimbursable travel and other promotional services
for a total annual cost of $200,000. The combined annual total of $400,000 is
included in the proposed Fund 184 FY 13 Tourism Department budget.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council
reviewed the selection of International Representation on July 23, 2012 and
unanimously recommended (7 -0) approval of the selection of OMMAC, Ltd for
UK representation and Diamonde for European representation.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan from this action.
Packet Page -3749-
ow
9/11/2012 Item 16.F.3.
LEGAL CONSIDERATIONS: This item has been reviewed by the County
Attorney's Office, requires majority vote, and is legally sufficient for Board action.
— CMG
RECOMMENDATION: Approve the award of ITB 12 -5893 for Tourism
International Representation Services for UK/Ireland to OMMAC, Ltd. and for
Europe to Diamonde and authorize the Chairman to sign the corresponding
tourism agreements at a combined total annual cost of $400,000 to include a
revised termination notification period of 60 days.
PREPARED BY: Jack Wert, Tourism Director
Packet Page -3750-
9/11/2012 Item 16.F.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3.
Item Summary: Recommendation to approve the award of ITB 12 -5893 for Tourism
International Representation Services for UK /Ireland to OMMAC, Ltd. and for Europe to
Diamonde and corresponding tourism agreements at a combined total annual cost of $400,000
to include a revised termination notification period of 60 days.
Meeting Date: 9/11/2012
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
8/27/2012 3:45:06 PM
Submitted by
Title: Director - Tourism,Tourism
Name: WertJack
8/27/2012 3:45:07 PM
Approved By
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 8/28/2012 9:15:18 AM
Name: WertJack
Title: Director - Tourism,Tourism
Date: 8/28/2012 10:40:15 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 8/28/2012 7:59:48 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 8/29/2012 11:54:38 AM
Packet Page -3751-
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/29/2012 2:24:14 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/29/2012 3:34:40 PM
9/11/2O12 Item 16.F.3.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 8/31/2012 4:10:58 PM
Packet Page -3752-
9/11/2012 Item 16.F.3.
Ir county
Admnistrative Services DMsion
Purchasing
INVITATION TO BID
Date: June 15, 2012
From: Brenda Brilhart, Procurement Strategist
(239) 252 -8446 (Telephone)
(239) 252 -6697 (FAX)
BrendaBrilhart@colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 12 -5893 Tourism International Representation
As requested by the Tourism Department representing the Naples, Marco Island,
Everglades, Convengtion & Visitors Bureau (CVB), the Collier County Board of County
Commissioners Purchasing Department has issued this ITB for the purpose of obtaining
fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre -ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department E- Procurement website: www.colliergov.net /bid. All responses
to questions will be posted on the website with electronic notification to all prospective
vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Jack Wert, Director, Tourism
Note: Electronic bid responses should be submitted on www.coliiergov.net.bid.
Purcl irw E)p;;rn r i• 3327 Tarnami T:aii East • Nard -s rloridw 31112 -43:1 •tar .cuLie uc .reUpu chssi -�
12 -5893 Tourism International Representation Services Packet Page -3753-
9/11/2012 Item 16.F.3.
Invitation to Bid
Index
PublicNotice .................................................................................... ............................... 3
Exhibit I: Scope of Work, Specifications and Response Format ...... ..............................4
Exhibit II: General Bid Instructions .................................................. ............................... 6
Exhibit III: Standard Purchase Order Terms and Conditions ......... ............................... 11
Exhibit IV: Additional ITB Terms and Conditions ............................. .............................14
Attachment 1: Vendor Submittal - Vendor's Non - Response Statement .......................17
Attachment 2: Vendor's Check List ............................................... ............................... 18
Attachment 3: Vendor Submittal - Bid Response Form ................... .............................19
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......................... 22
Attachment 5: Vendor Submittal — Immigration Affidavit ................ ............................... 23
Attachment 6: Vendor Substitute W — 9 ......................................... ............................... 24
12 -5893 Tourism International Representation Servic Packet Page -3754- 2
9/11/2012 Item 16.F.3.
Public Notice
Sealed bid responses (submitted electronically or manually) for Solicitation 12 -5893 Tourism
International Representation, will be received only at the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 p.m. Collier County
local time on July 6, 2012.. Solicitation responses received after the stated time and date will not
be accepted.
Solicitation 12 -5893 International Representation Services
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department E- Procurement website: www.colliergov.net /bid. All responses to questions will be
posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response forms included and only
available for download from the Collier County Purchasing Department E- Procurement website
noted herein. ITB Documents obtained from sources other than Collier County Purchasing
may not be accurate or current.
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
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net /purchasing and in the lobby of the Purchasing Building on June 15, 2012.
12 -5893 Tourism International Representation Servic Packet Page -3755-
9/11/2012 Item 16.F.3.
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Tourism Department (hereinafter, the "Division or Department "),
the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ")
has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining bids from interested and
qualified firms in accordance with the terms, conditions and specifications stated or attached.
Brief Description of Purchase
The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier
County Florida Government, is interested in full -time representation services with an experienced
International Representation firm for the UK/Ireland market and the European market, primarily in
German speaking regions and other International markets as identified by the Tourism Department.
See Exhibit A — Scope of Work
Required Qualifications:
1. Three comparable representation projects of similar scope: Provide a brief description of at
least three projects related to the Tourism scope of work completed for a similar agency,
preferably in Florida or the U.S.; include dates of the projects and contact information (name,
address, telephone and email address) for the main contact individual at that agency.
2. Credentials of staff assigned to the County's project demonstrating at least 5 years of
previous comparable experience: Provide the credentials and experiences of staff assigned to
this project; travel to the United States and Florida; etc.
3. Proposed Project Costs — See pages 20 -21 Cost Proposal
4. Provide proof of a local office for the International region for which you are submitting a bid to
represent our area. .
5. Complete and submit with bid package up to five (5) references from companies or agencies your
firm has provided similar services.
6. Completed Attachments 2 — 6.
Award Criteria
ITB award criteria are as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids /projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to
the award of the solicitation.
12 -5893 Tourism International Representation Services Packet Page -3756-
9/11/2012 Item 16. F.3.
• Collier County reserves the right to select one, or more than one vendor; however, it is the
intent to select a single awardee for each region. (One firm could be awarded both regions
— but must maintain active offices and /or services within each area.)
• The contract will be in the form of the County's standard agreements.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for a two (2) year term with one (1)
two (2) year renewal term at the sole discretion of the County. Prices shall remain firm for the
initial term of this contract. Requests for consideration of a price adjustment must be made on the
contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent
upon budget availability and program manager approval.
Projected Timetable
Event
Date
Issue Solicitation Notice
6/15/12
Last Date for Receipt of Written Questions
5:00 pm 7/2/12
Addendum Issued
By 7/3112
Solicitation Deadline Date and Time
2:30 pm 07/6112
Naples, Florida EST
Anticipated Evaluation of Submittals
Week of July 2nd
Anticipated Board of County Commissioner's Approval Date
July 2012
12 -5893 Tourism International Representation Services Packet Page -3757-
Exhibit II: General Bid Instructions
1. Purpose /Objective
9/11/2012 Item 16.F.3.
As requested by the Collier County departments or divisions identified in Exhibit I, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and /or attached herein /hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid forms furnished by the County noted in Attachments
of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is
responsible to read and follow the instructions very carefully, as any misinterpretation or failure to
comply with these instructions could lead to the bid submitted as being rejected as non-
responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County and this will
be annualized in US dollars. All prices will remain firm for a period of one hundred and eighty
(180) calendar days from date of bid opening. After award by the Board of County
Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract.
3. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
4. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
5. Addenda
The County reserves the right to formally amend and /or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum /clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications rip or to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department E- Procurement website: www.coliiergov.net/bid. Before submitting a bid
response, please make sure that you have read all, understood clearly and complied completely
with any changes stated in the addenda as failure to do so may result in the rejection of your
submittal.
12 -5893 Tourism International Representation Services Packet Page -3758-
9/11/2012 Item 16.F.3.
6. Bid Submission
All bids shall be submitted electronically to the County Purchasing Director, Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and
time as stated in the Legal Notice. The County assumes no responsibility for bid responses
received after the due date and time, or at any office or location other than that specified herein,
whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason.
Late bid responses shall be returned unopened, and shall not be considered for award.
Vendors must submit one (1) paper copy or submit electronically on www.colliergov.net /bid.
List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by
courier service must have the bid number and title on the outside of the courier packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
7. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful,
obscure or contains errors or omissions it should report such opinion to the Procurement Strategist
before the bid opening date. Direct questions related to this ITB only to the Collier County
Purchasing Department Internet website: www.colliergov.net /bid. Questions will not be answered
after the date noted on the ITB.
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 E- Procurement website. For general
questions, please call the referenced Procurement Strategist identified in the Public Notice.
8. Protests
Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate
issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of
the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing
Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the
bid or the acceptance date for the Request for Proposals.
9. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County. Vendors whose bids, past
performance or current status do not reflect the capability, integrity or reliability to fully and in good
faith perform the requirements denoted may be rejected as non - responsive. Bids that do not meet
all necessary requirements of this solicitation or fail to provide all required information, documents
or materials may be rejected as non - responsive.
10. Local Vendor Preference (LVP) — if applicable
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number
2008 -181 establishing and adopting the Collier County Purchasing Policy. The Collier County
Board of County Commissioners has adopted a Local Preference "Right to Match" policy to
enhance the opportunities of local businesses to receive awards of Collier County purchases.
12 -5893 Tourism International Representation Services Packet Page -3759-
9/11/2012 Item 16. F.3.
A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known
as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year
prior to a Collier County quote or proposal submission that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located within the
limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office
Boxes are not verifiable and 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 either Collier or Lee County in a
verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to either Collier or Lee County's
tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their
quote or proposal to be eligible for consideration as a "local business" under this section.
When a qualified and responsive non -local business submits the lowest price quote, and the quote
submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of
the price submitted by the non -local business, then the local business with the apparent lowest
quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the
price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff
shall first verify if the lowest non -local vendor and the lowest local vendor are in fact qualified and
responsive vendors.
Next, the Purchasing Department shall determine if the lowest local vendor meets the
requirements of Section 287.087 F.S.
If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department
shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which
shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an
offer that fully matches the lowest quote from the lowest non -local vendor. tendered previously,
then award shall be made to the local vendor. If the lowest local vendor declines or is unable to
match the lowest non local quote price(s), then award will be made to the lowest overall qualified
and responsive vendor. If the lowest local vendor does not meet the requirement of Section
287.087 F.S. and the lowest non -local vendor does, award will be made to the vendor that meets
the requirements of the referenced state law.
Vendor must complete and submit with its quote 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 quote 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 quote submitted to the County will lose the privilege to claim
Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with any of the competing 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.
11. Immigration Affidavit Certification —if applicable
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
12 -5893 Tourism International Representation Services Packet Page -3760-
9/11/2012 Item 16. F.3.
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
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 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 does
not comply with providing both the acceptable E- Verify evidence and the executed affidavit
the bidder'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.
12. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
13. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501)
where applicable.
In order to be considered for award, firms submitting a response to this solicitation shall be
required to provide a certificate of authority from the Florida Department of State Divisions of
Corporations in accordance with the requirements of Florida Statute 607.1501
(www.sunbiz.org /search.html). A copy of the document shall 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.
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9/11/2012 Item 16.F.3.
14. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug -free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
15. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session. Awards
pertaining to the Collier County Airport Authority will generally be made by that agency's approval
Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
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.
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9/11/2012 Item 16. F.3.
Exhibit III: Standard Purchase Order Terms and Conditions
1.
Offer
delivery; provided that risk of loss prior to
This offer is subject to cancellation by the
actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by
nonetheless remain with VENDOR.
VENDOR within fourteen (14) days of issuance.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2.
Acceptance and Confirmation
specifically stated in this Purchase Order.
This Purchase Order (including all documents
Unless otherwise provided in Purchase
attached to or referenced therein) constitutes
Order, no invoices shall be issued nor
the entire agreement between the parties, unless
payments made prior to delivery. Unless
otherwise specifically noted by the COUNTY on
freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of
discount will be taken on the full amount of
goods and /or services received by the COUNTY
invoice.
from VENDOR shall be deemed to be upon the
c) All shipments of goods scheduled on the
terms and conditions contained in this Purchase
same day via the same route must be
Order.
consolidated. Each shipping container must
be consecutively numbered and marked to
No additional terms may be added and Purchase
show this Purchase Order number. The
Order may not be changed except by written
container and Purchase Order numbers must
instrument executed by the COUNTY. VENDOR
be indicated on bill of lading. Packing slips
is deemed to be on notice that the COUNTY
must show Purchase Order number and
objects to any additional or different terms and
must be included on each package of less
conditions contained in any acknowledgment,
than container load (LCL) shipments and /or
invoice or other communication from VENDOR,
with each car load of equipment. The
notwithstanding the COUNTY'S acceptance or
COUNTY reserves the right to refuse or
payment for any delivery of goods and /or
return any shipment or equipment at
services, or any similar act by VENDOR.
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
3.
Inspection
to declare to the carrier the value of any
All goods and /or services delivered hereunder
shipment made under this Purchase Order
shall be received subject to the COUNTY'S
and the full invoice value of such shipment.
inspection and approval and payment therefore
d) All invoices must contain the Purchase Order
shall not constitute acceptance. All payments are
number and any other specific information as
subject to adjustment for shortage or rejection.
identified on the Purchase Order. Discounts
All defective or nonconforming goods will be
of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at
date of receipt of goods or from date of
VENDOR'S expense.
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
To the extent that a purchase order .requires a
proper invoice and in compliance with
series of performances by VENDOR, the
Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to
the "Local Government Prompt Payment
cancel the entire remainder of the Purchase
Act," and, pursuant to the Board of County
Order if goods and /or services provided early in
Commissioners Purchasing Policy.
the term of the Purchase Order are
non - conforming or otherwise rejected by the
5. Time Is Of the Essence
COUNTY.
Time for delivery of goods or performance of
services under this Purchase Order is of the
4.
Shipping and Invoices
essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be
schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the
interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply
shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of
available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to
agrees to reimburse the COUNTY for any
the COUNTY at the time and place of
expenses incurred in enforcing its rights.
12 -5893 Tourism International Representation Services Packet Page -3763- 11
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.
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.
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.
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
9/11/2012 Item 16.F.3.
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 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.
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
12 -5893 Tourism International Representation Services Packet Page -3764- 12
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
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.
9/11/2012 Item 16.F.3.
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.
12 -5893 Tourism International Representation Services Packet Page -3765- 13
9/11/2012 Item 16.F.3.
Exhibit IV: Additional ITI3 Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and /or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and /or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. 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.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion /termination of agreement.
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. Deductions for Non - Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor's non - performance.
6. 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.
7. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well - groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
8. Licenses (When Applicable)
The Vendor is required to possess the correct professional and other licenses, and any other 100+*
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of
all the required licenses must be submitted with the bid response indicating that the entity bidding,
12 -5893 Tourism International Representation Services Packet Page -3766- 14
9/11/2012 Item 161.3.
as well as the team assigned to the County account, is properly licensed to perform the activities
or work included in the ITB documents. Failure on the part of any vendor to supply this
documentation with their bid response may be grounds for deeming vendor non - responsive. A
Vendor with an office within Collier County is required to have an occupational license.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252 -2477.
9. 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.
10. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or, emailed to: bccapclerk2collierclerk.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.
Collier County cautions vendors to consider both methods of payment when determining pricing
as no additional surcharges or fees will be considered (per Rules for VISA Merchants and
MasterCard Merchant Rules). 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 shall 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 must be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
12 -5893 Tourism International Representation Services Packet Page -3767- 15
9/11/2012 Item 16.F.3.
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
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.
11. Expense Reimbursement
Administrative or office costs are all inclusive in the monthly service fee. Authorized expenses by
the County including communication; postage /mailings related to the promotion of the County;
travel by car, train or air for regular sales calls to agents and operators, educational trips and trade
shows as agreed in the marketing plan.
The monthly service fee is agreed to at the exchange rate of the following: euro = $1.2510 US
and BPM = $1.53714 US. Should the exchange rate fluctuate more than 10% in any given
quarter, the fee will be ne- negotiated commencing with the next quarter.
The cost of travel, entertainment, conversion fees, wire fees and any other bank related charges
for conversion of US dollars to Euros will be billed separately to the monthly service fees in
arrears, at the then current exchange rate on the date of the invoice. The travel and additional
expenses invoices will be converted into US dollars and paid in US dollars.
12. Survivability
Bids (ITBs /RFPs): The Vendor agrees that any Purchase Order that extends beyond the
expiration date of Solicitation 12 -5893 Tourism International Representation resultant of this
solicitation will survive and remain subject to the terms and conditions of that Agreement until the
completion or termination of any Purchase Order.
12 -5893 Tourism International Representation Services Packet Page -3768- 16
9/11/2012 Item 16.F.3.
er County
Ad nisrawt e Ser Aces: Division
Pur^- haling
Attachment 1: Vendor Submittal - 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 why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 12 -5893 Tourism International Representation
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood (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):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature / Title
Type Name of Signature Date:
12 -5893 Tourism International Representation Services Packet Page -3769- 17
9 /ff/20f2 Item 161.3.
CO MY Coin y
�ur�hasing
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashier's check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 12 -5893 Tourism International Representation
13. ' The bid will be mailed or delivered in time to be received no later than the specified opening
date and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature & Title
Date
12 -5893 Tourism International Representation Services Packet Page -3770- 18
9/11/2012 Item 16.F.3.
c e r C;au nty
J dn- vnist,airve Services DNision
Purha:sing
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 12 -5893 Tourism International Representation
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid
is accepted, to contract, either by a County issued purchase order or formal contract, to comply with
the requirements in full in accordance with the terms, conditions and specifications denoted herein,
according to the following unit prices:
When submitting bid, check one of the following boxes for the region your firm is proposing:
(one firm could be awarded both regions — but must maintain active offices and /or services
within each area).
❑ United Kingdom
❑ Europe
Firms submitting bid responses for this ITB must have evidence of the following:
1. Three comparable public agency projects of similar scope: Provide a brief description of at
least three projects related to the Tourism scope of work completed for similar agencies; include
dates of the projects and contact information (name, address, telephone and email address).
Provide five (5) references from your customers demonstrating experience with similar projects to
the scope outlined in this solicitation.
2. Credentials of staff assigned to the County's project demonstrating at least 5 years of
previous comparable experience: Provide the credentials and experiences of staff assigned to
this project.
3. Proposed Proiect Monthly Cost in the following format which includes all required scope of work
outlined in Exhibit A.
1. Cost to complete the services identified in Exhibit A - Scope
of Work in the form of a monthly service fee.
$
2. Anticipated travel expenses to complete the services
identified in Exhibit A Scope of Work in the form of a monthly
$
service fee.
12 -5893 Tourism International Representation Services Packet Page -3771- 19
0/11/2012 Item 16.F.3.
3. Anticipated reimbursable expenses to complete the services
identified in Exhibit A Scope of Work in the form of a monthly
service fee.
$
4. Per Diem Charge for Services Requested outside of Scope of
Work outlined in this solicitation.
$
TOTAL Monthly Fee (Award will be based on this total bid)
$
4. Completed Attachments 2 — 6.
12 -5893 Tourism International Representation Services Packet Page -3772- 20
9/11/2012 Item 16.F.3.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 2012 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
Telephone Number
FAX Number
Signature / Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
12 -5893 Tourism International Representation Services Packet Page -3773- 21
9/11/2012 Item 16.F.3.
er County
AdmNsuative Services DNision
purchasing
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 12 -5893 Tourism International Representation (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;
A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located
within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office
Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may
include, but not be limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and principals of the business
within Collier or Lee 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.
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:
Address in Collier or Lee County:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
Title:
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)
12 -5893 Tourism International Representation Services Packet Page -3774- 22
9/11/2012 Item 16.F.3.
cc er C:;Ounty
Admnistr We Services ivisian
=Purchasing
Attachment 5: Vendor Submittal — Immigration Affidavit (If applicable)
Solicitation: 12 -5893 Tourism International Representation
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll
in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company
Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment 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
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
as identification.
(Type of Identification and Number)
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
12 -5893 Tourism International Representation Services 23
Packet Page -3775-
9/11/2012 Item 16.F.3.
co er Ccn my
Ad nr&aWe Semcm Dwision
Pvrchasf
Attachment 6: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone
Order Informatior
Address
City
FAX
Email
FAX
State Zip
2. Company Status (check only one)
City
Zip
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
_Individual / Sole Proprietor
Corporation
F_Pa
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
12 -5893 Tourism International Representation Services
Packet Page -3776-
24
EXHIBIT A — SCOPE OF WORK
Background
9/11/2012 Item 16.F.3.
The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier
County Florida Government, is interested in competitively procuring full -time representation
services with two experienced International Representation firm for the UK/Ireland market and for
the European Market. The current agreement for these services expires September 30, 2012.
Collier County Purchasing Policy requires us to request proposals from interested firms at this
time.
The services desired are outlined in the scope below. A separate contractual relationship will be
established with the successful bidder on behalf of the CVB through the Collier County Purchasing
Department and approved by the Collier County Board of Commissioners. The initial term of the
agreement will be for two (2) years with two one (1) year renewals at the sole discretion of the
County.
Prequalification: Staff Experience and Team Credentials
1. Indicate the experience level of the staff that will be assigned to our account
2. Indicate the number of years and nature of experience on related projects for each account
person
3. Describe the specific knowledge of Florida tourism and representing Florida travel
destinations.
4. Describe any current relationships with other destination marketing organizations in Florida
or other U.S. states.
5. Describe your current or past clients'with contact details
6. Describe your backup systems or locations in case of an emergency that will enable you to
carry on business
7. Describe how you use social media networks to support campaigns
8. Representation services are desired to support the CVB's efforts to attract visitors to our
area. The CVB's brand is relatively new to the International market so the selected
representation company must maintain and build that brand awareness.
9. Objectives the successful representation companies will be asked to accept and grow:
a. Increase average length of stay and repeat visitation
b. Grow the number of CVB partners listed in tour operator catalog and on line
programs
c. Grow the number of visitors from the markets represented
10. Services requested from the successful vendors with be for sales, public relations, trades
shows, travel industry training, promotions and other services required to showcase the
tourism attributes of the Naples, Marco Island, Everglades area of Florida.
11. A monthly service fee is requested that covers all time for account management,
administrative costs and any creative time necessary to create and produce promotions.
12 -5893 Tourism Intemational Representation Services Packet Page -3777- 25
9/11/2012 Item 16.F.3.
Services Required: All Tasks listed below must be completed at a minimum of once
per month.
1. Develop an annual joint marketing plan for all services covered under the agreement
2. Coordination of Public Relations efforts with in- country media.
3. Social media services related to in- country communications with trade and consumers.
4. Dedicated phone, fax and e-mail address for the Naples, Marco Island, Everglades CVB
5. Translation services as required
6. Contract and maintain storage inventory and distribution services as necessary
7. Monthly reports will be submitted to the CVB by the 10thof the following month, outlining
activities per country with future activity projections and market overviews
8. Travel Trade Activities: The following are travel and trade marketing activities which the
successful firm will perform:
a. Participation in trade and consumer shows & events in country, surrounding areas
and in the US as necessary.
b. Regular communication and destination updates to tour operators, travel agents and
media.
c. Organize, conduct or participate in travel trade and media familiarization trips in
Florida as required and agreed.
d. Conduct travel trade training and sales calls to tour operators, airlines and other
related organizations in- country and surrounding areas as agreed.
e. Assist the CVB and its U.S. based marketing partners and agencies with trade and
consumer promotions as agreed.
f. Assist with the International marketing promotions and advertising related activities in
order to maximize the CVB budget.
g. Fulfillment of inquiries for CVB publications /literature to trade & consumers via both
Florida based and in- country fulfillment facilities.
h. Pre - screen and forward travel trade and media leads to the CVB which result from
above - mentioned activities.
i. Develop and fulfill requests from media and organize and work with CVB in -house
PR team on familiarization trips for journalists.
j. Maintain close working relationships with Visit Florida, U. S. Travel Association and
other tourism industry associations, including Visit USA organizations as agreed.
k. Create and maintain an up to date country by country trade and consumer database.
9. Expenses related to the various services will be invoiced on a monthly basis as follows:
a. Advertising, if necessary, will be billed at net cost (no markup) to the CVB's
advertising agency of record.
b. Travel expenses such as air, auto rental, hotels and meals will be billed to the CVB at
net cost. Air, train travel to be at lowest available coach fare.
c. Out of pocket expenses such as storage, printing, courier expenses, parking, phone
and fax will be billed monthly at cost.
d. Service fee will be invoiced monthly to cover all employee time and other costs and
all basic office operating expenses except as indicate above as out -of- pocket
expenses.
12 -5893 Tourism International Representation Services Packet Page 3778- 26
covier County
Adnnnim -4ve Services Vision .
Purchasing
Memorandum
Date: June 26, 2012
9/11/2012 Item 16. F.3.
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252 -8446
FAX: (239) 252 -6697
ADDENDUM #1
From: Brenda Brilhart, Procurement Strategist
To: Interested Bidders
Subject: Addendum # 1 — ITB 12 -5893 - Tourism International Representation
The following clarifications are issued as an addendum identifying the following changes for the
referenced solicitation:
CHANGE: The due date for this solicitation has been rescheduled. Bids will be received
until 2:30 p.m. Collier County local time on July S 16, 2012.
NOTE: Words struck through have been deleted, words underlined have been added.
If you require additional information please post a question on the Online Bidding site or contact
me using the above contact information.
c: Jack Wert, Project Manager
Packet Page -3779-
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Packet Page -3780-
9/11/2012 Item 16.F.3.
A G R E E M E N T 12-5893
for
Tourism International Representation
THIS AGREEMENT, made and entered into on this _ day of 2012, by and
between OMMAC Ltd., a registered company in England and Wales, UK, registration
number 04967240 and tax ID number (VAT) 851351639; whose business address is
Greystones Roughetts Road, West Malling, Kent, ME19 5XQ, UK, hereinafter called the
"Contractor" and Collier County (The Naples, Marco Island, Everglades Convention &
Visitors Bureau (CVB), a division of Collier County Florida Government), a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County" or
"CVB" for international representation services on behalf of the County.
WITNES SETH:
1. COMMENCEMENT. This Agreement shall commence October 1, 2012. The contract
shall be for an initial two (2) year period, and the County may, at its discretion and with
the consent of the Contractor, renew the Agreement under all of the terms and
conditions contained in this Agreement for one (1) additional two (2) year period. The
County shall give the Contractor 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.
2. STATEMENT OF WORK. The Contractor shall provide professional services for
representing Collier County in the United Kingdom, Ireland and other International
locations as designated by the County, in accordance with the terms and conditions of
ITB #12 -5893 and the Contractor's bid referred to herein and made an integral part of
this agreement, and attached Exhibit A, Scope of Services. This Agreement contains the
entire understanding between the parties and any modifications to this Agreement shall
be mutually agreed upon in writing by the Contractor and the CVB Executive Director
or his designee, in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement an estimated maximum amount of U.S. two hundred thousand dollars
($200,000.00) annually, based on the fee schedule outlined in attached Exhibit B, subject
to modifications as approved in advance by the County. Payment will be made upon
receipt of a proper invoice and upon approval by the CVB Executive Director or his
designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"Local Government Prompt Payment Act ".
Page 1 of 9
Packet Page -3781-
9/11/2012 Item 16.F.3.
3.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of 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.
4. TAXES. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
OMMAC, Ltd.
PO Box 316
West Malling
Kent
ME19 5Q
UK
ATTN: Oonagh McCullagh
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Purchasing & General Services Director
Telephone: 239 - 252 -8975
Facsimile: 239 - 252 -6480
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non - County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
Page 2 of 9
Packet Page -3782-
9/11/2012 Item 16. F.3.
payment of any and all taxes levied on the Contractor. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement for cause; further the County may terminate this Agreement for
convenience with a sixty (60) day written notice. The County shall be sole judge of non-
performance.
In the event that the County terminates this Agreement, Contractor's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Contractor shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE: OMMAC shall provide insurance as follows:
General Liability coverage in limits of U.S. $500,000 per occurrence for bodily injury and
property damage written under a policy form which is substantially equivalent to the
latest Insurance Services Office (United States) form.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
Page 3 of 9
Packet Page - 3783 -
9/11/2012 Item 16.F.3.
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Tourism Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Bid, Insurance Certificate, Bid# 12 -5893 Scope of Services and
Addenda, and Exhibit A and Exhibit B attached herein.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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.
18. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
19. ADDITIONAL ITEMS /SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Policy.
20. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision - making authority and by
Page 4 of 9
Packet Page -3784-
9/11/2012 Item 16. F.3.
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision - making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Statute.
21. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
22. KEY PERSONNEL/PROTECT STAFFING: The Contractor's personnel and
management to be utilized for this project shall be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be deemed
necessary to insure that competent persons will be utilized in the performance of the
contract. The Contractor shall assign as many people as necessary to complete the
project on a timely basis, and each person assigned shall be available for an amount of
time adequate fo meet 'the requirements of the Agreement. The Contractor shall not
change Key Personnel unless the following conditions are met: (1) Proposed
replacements have substantially the same or better qualifications and/or experience. (2)
that the County is notified in writing as far in advance as possible. The Contractor shall
make commercially reasonable efforts to notify Collier County within seven (7) days of
the change. The County retains final approval of proposed replacement personnel.
23. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal and/or the
Contractor's Proposal, the Contract Documents shall take precedence. In the event of
any conflict between the terms of the ITB and the Contractor's Proposal, the language in
the ITB would take precedence.
24. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement or any part herein, without the County's consent, shall be void. If
Contractor does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward the County.
Page 5 of 9
Packet Page -3785-
9/11/2012 Item 16.F.3. 8
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
TType /print witness nameT
Second Witness
TType /print witness nameT
Approved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
Page 6 of 9
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
OMMAC, Ltd.
Contractor
By:
Signature
Typed signature and title
-- Packet Page -3786-
Exhibit A - Scope of Work
12 -5893 Tourism International Representation
Background
9/11/2012 Item 16.F.3.
The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of
Collier County Florida Government, requires full -time representation services with an
experienced International Representation firm.
The required services are outlined in the scope below.
All Tasks listed must be completed at a minimum of once per month unless otherwise
indicated.
1. Develop an annual joint marketing plan for all services covered under the agreement.
2. Coordination of Public Relations efforts with in- country media.
3. Social media services related to in- country communications with trade and consumers.
4. Dedicated phone, fax and e -mail address for the Naples, Marco Island, Everglades
CVB.
5.. Translation services as required.
6. Contract and maintain storage inventory and distribution services as necessary.
7. Monthly reports will be submitted to the CVB by the 10t`of the following month,
outlining activities per country with future activity projections and market overviews.
8. Travel Trade Activities: The following are travel and trade marketing activities which
the successful firm will perform:
a. Participation in trade and consumer shows & events in country, surrounding
areas and in the US as necessary.
b. Regular communication and destination updates to tour operators, travel
agents and media.
c. Organize, conduct or participate in travel trade and media familiarization trips
in Florida as required and agreed.
d. Conduct travel trade training and sales calls to tour operators, airlines and
other related organizations in- country and surrounding areas as agreed.
e. Assist the CVB and its U.S. based marketing partners and agencies with trade
and consumer promotions as agreed.
Page 7 of 9
Packet Page -3787-
9/11/2012 Item 16.F.3.
f. Assist with the International marketing promotions and advertising related
activities in order to maximize the CVB budget.
g. Fulfillment of inquiries for CVB publications/ literature to trade & consumers
via both Florida based and in- country fulfillment facilities.
h. Pre - screen and forward travel trade and media leads to the CVB which result
from above - mentioned activities.
i. Develop and fulfill requests from media and organize and work with CVB in-
house PR team on familiarization trips for journalists.
j. Maintain close working relationships with Visit Florida, U. S. Travel
Association and other tourism industry associations, including Visit USA
organizations as agreed.
k. Create and maintain an up to date country by country trade and consumer
database.
Page 8 of 9
Packet Page -3788-
9/11/2012 Item 161.3.
Exhibit B - Fee Schedule
12 -5893 Tourism International Representation
1. The retainer fee for activities for The County shall be United States (U.S.) ten
thousand dollars ($10,000.00) per month commencing October 1, 2012 through
September 30, 2014 and shall be billed quarterly in advance by Contractor. The annual
cost of this agreement shall not exceed U.S. two hundred thousand dollars ($200,000.00)
including U.S. one hundred twenty thousand dollars ($120,000.00) in service fees
(retainer) and eighty thousand ($80,000.00) in travel and other related expenses.
Additional expenditures must be authorized by the County by written Change Order
to this agreement executed by the parties.
2. Administrative and office costs are included in the above mentioned retainer fee,
including: stationery, insurance and rent for the sales office. The retainer fee does not
include the cost of: communication; postage/ mailings related to the promotion of the
County; travel by car, train, or air for regular sales calls to agents and operators,
educational trips and trade shows. The retainer fee does not include the cost of airfares
or any travel in addition to the agreed upon sales calls activity. The retainer fee is
agreed to at the exchange rate of £1 British Pound (GBP) _ $1.60 U.S. Dollars. Should
the exchange rate fluctuate more than 10% in any given quarter, the retainer fee will be
renegotiated commencing the next quarter.
3. The cost of travel, entertainment, conversion fees, wire fees and any other bank
related charges for conversion of U.S. dollars to GBP will be billed separately to the
retainer fees in arrears, after approval by the CVB Executive Director at the then
current exchange rate on the date of invoice. The travel and additional expenses
invoice will be converted into U.S. dollars and paid in U.S. dollars.
4. Expenses related to the various services will be invoiced on a monthly basis as
follows:
a. Advertising, if necessary, will be billed at net cost (no markup) to the CVB's
advertising agency of record.
b. Travel expenses such -as air, auto rental, hotels and meals will be billed to the
CVB at net cost. Air, train travel to be at lowest available coach fare.
c. Out of pocket expenses such as storage, printing, courier expenses, parking,
phone and fax will be billed monthly at cost.
d. Service fee will be invoiced quarterly to cover all employee time and other costs
and all basic office operating expenses except as indicated above as out -of- pocket
expenses.
Page 9 of 9
Packet Page -3789-
9/11/2012 Item 16.F.3.
AGREEMENT12 -5893
for
Tourism International Representation
THIS AGREEMENT, made and entered into on this day of 2012, by and between
DIAMONDE e.K., a registered company in Stuttgart, Germany registration number HRA
722594 and tax ID number DE222067856; whose business address is Konigstr. 10B, 70173
Stuttgart, Germany hereinafter called the "Contractor" and Collier County (The Naples,
Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County
Florida Government), a political subdivision of the State of Florida, Collier County, Naples,
hereinafter called the "County" or "CVB ") for international representation services on behalf
of the County.
W —IT NESSETH:
1. COMMENCEMENT. This Agreement shall commence on October 1, 2012. The
contract shall be for an initial two (2) year period and the County may, at its discretion
and with the consent of the Contractor, renew the Agreement under all of the terms and
conditions contained in this Agreement for one (1) additional two (2) year period. The
County shall give the Contractor 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.
2. STATEMENT OF WORK. The Contractor shall provide professional services for
representing Collier County in Germany, Switzerland, Austria, the Benelux region and
other international locations as designated by the County, in accordance with the terms
and conditions of ITB #12 -5893 and the Contractor's bid referred to herein and made an
integral part of this agreement, and attached Exhibit A, Scope of Services. This
Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the CVB Executive Director or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement an estimated maximum amount of U.S. two hundred thousand dollars
($200,000.00) annually, based on the fee schedule outlined in attached Exhibit B, subject
to modifications as approved in advance by the County. Payment will be made upon
receipt of a proper invoice and upon approval by the CVB Executive Director or his
designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"Local Government Prompt Payment Act ".
Page 1 of 10
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9/11/2012 Item 16. F.3. _
3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "Iaches" as
untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
4. TAXES. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
DIAMONDE e.K.
Kbnigstr.10B
70173 Stuttgart
Germany
ATTN: Natasa Manic
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Purchasing & General Services Director
Telephone: 239- 252 -8975
Facsimile: 239- 252 -6480
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the.prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non - County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. The Contractor agrees to comply
Page 2 of 10
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9/11/2012 Item 16.F.3. —
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement for cause; further the County may terminate this Agreement for
convenience with a sixty (60) day written notice. The County shall be sole judge of non-
performance.
In the event that the County terminates this Agreement, Contractor's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Contractor shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE: Diamonde shall provide insurance as follows:
General Liability coverage in limits of U.S. $500,000 per occurrence for bodily injury and
property damage written under a policy form which is substantially equivalent to the
latest Insurance Services Office (United States) form.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
Page 3 of 10
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9/11/2012 Item 16.F.3.
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County,
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Tourism Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Bid, Insurance Certificate, Bid# 1.2 -5893 Scope of Services and
Addenda, and Exhibit A and Exhibit B attached herein.
1.6. SUBTECT TO APPROPRIATION It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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.
18. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
19. ADDITIONAL ITEMS /SERVICES Additional items and /or services may be added to
this contract in compliance with the Purchasing Policy.
20. DISPUTE RESOLUTION, Prior to the initiation of any'action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision - making authority and by
Page 4 of 10
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9/11/2012 Item 16.F.3.
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision - making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Statute.
21. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
22. KEY PERSONNEUPROTECT STAFFING: The Contractor's personnel and
management to be utilized for this project shall be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be deemed
necessary to insure that competent persons will be utilized in the performance of the
contract. The Contractor shall assign as many people as necessary to complete the
project on a timely basis, and each person assigned shall be available for an amount of
time adequate to meet the requirements of this Agreement. The Contractor shall not
change Key Personnel unless the following conditions are met: (1) Proposed
replacements have substantially the same or better qualifications and/or experience. (2)
that the County is notified in writing as far in advance as possible. The Contractor shall
make commercially reasonable efforts to notify Collier County within seven (7) days of
the change. The County retains final approval of proposed replacement personnel.
23. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal and /or the
Contractor's Proposal, the Contract Documents shall take precedence. In the event of
any conflict between the terms of the ITB and the Contractor's Proposal, the language in
the ITB would take precedence.
24. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement or any part herein, without the County's consent, shall be void. If
Contractor does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward the County.
Page S of 10
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1
9/11/2012 Item 16. F.3.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
TType /print witness nameT
Second Witness
TType /print witness nameT
Approved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
Page 6 of 10
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
DIAMONDE e.K.
Contractor
Signature
Typed signature and title
Packet Page -3795-
Exhibit A - Scope of Work
12 -5893 Tourism International Representation
Background
9/11/2012 Item 16.F.3.
The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of
Collier County Florida Government, requires full -time representation services with an
experienced International Representation firm.
The required services are outlined in the scope below.
All Tasks Iisted must be completed at a minimum of once ver month unless otherwise
indicated.
1. Develop an annual joint marketing plan for all services covered under the agreement
2. Coordination of Public Relations efforts with in- country media.
3. Social media services related to in- country communications with trade and consumers.
4. Dedicated phone, fax and e -mail address for the Naples, Marco Island, Everglades
CVB.
5. Translation services as required.
6. Contract and maintain storage inventory and distribution services as necessary.
7. Monthly reports will be submitted to the CVB by the 101hof the following month,
outlining activities per country with future activity projections and market overviews.
8. Travel Trade Activities: The following are travel and trade marketing activities which
the successful firm will perform:
a. Participation in trade and consumer shows & events in country, surrounding
areas and in the US as necessary.
b. Regular communication and destination updates to tour operators, travel
agents and media.
c. Organize, conduct or participate in travel trade and media familiarization trips
in Florida as required and agreed.
d. Conduct travel trade training and sales calls to tour operators, airlines and
other related organizations in- country and surrounding areas as agreed.
e. Assist the CVB and its U.S. based marketing partners and agencies with trade
and consumer promotions as agreed.
Page 7 of 10 �Di
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3
9/11/2012 Item 16. F.3.
f. Assist with the International marketing promotions and advertising related
activities in order to maximize the CVB budget.
g. Fulfillment of inquiries for CVB publications/ literature to trade & consumers
via both Florida based and in- country fulfillment facilities.
h. Pre- screen and forward travel trade and media leads to the CVB which result
from above - mentioned activities.
L Develop and fulfill requests from media and organize and work with CVB in-
house PR team on familiarization trips for journalists.
j. Maintain close working relationships with Visit Florida, U. S. Travel
Association and other tourism industry associations, including Visit USA
organizations as agreed.
k. Create and maintain an up to date country by country trade and consumer
database.
Page 8 of 10
Packet Page -3797-
9/11/2012 Item 16.F.3.
Exhibit B - Fee Schedule
12 -5893 Tourism International Representation
1. The retainer fee for activities for the County shall be United States (U.S.) eight
thousand five hundred dollars ($8,500.00) per month commencing October 1, 2012
through September 30, 2014 and shall be billed monthly in advance by Contractor. The
annual cost of this agreement shall not exceed U.S. two hundred thousand dollars
($200,000.00) including U.S. one hundred and two thousand dollars ($102,000.00) in
annual service fees (retainer) and ninety eight thousand dollars ($98,000.00) in travel
and other related marketing and promotional expenses. Additional expenditures must
be authorized by the County by written Change Order to this agreement executed by
the parties.
2. Administrative and office costs are included u1 the above mentioned retainer fee,
including: cost of communication, stationery, daily postage and printing for the sales
office as well as cost of travel by car/ train in Germany, Austria and Switzerland for
regular sales calls to agents and operators. The retainer fee does not include any
airfares or any travel outside of the agreed sales calls travel schedule. The retainer fee
is agreed to at the exchange rate of €l Euro = $1.22 U.S. Dollars. Should the exchange
rate fluctuate more than 10 %, the retainer fee will be renegotiated.
3. The cost of travel and entertainment will be billed separately to the retainer fees in
arrears, after approval by the CVB Executive Director or his designee at the then
current exchange rate on the date of invoice. The travel and additional expenses
invoice will be converted into U.S. dollars and paid in U.S. dollars. A per diem charge
applies as follows:
Germany:
Netherlands:
Belgium:
Austria:
Switzerland:
Luxemburg:
€24 per day of travel
€60 per day of travel
€42 per day of travel
€36 per day of travel
€42 per day of travel
€39 per day of travel
(official German per diem rates for travel)
Mileage will be reimbursed at a rate of U.S. $ 0.585 per mile. Sales agent functions as
requested in writing by the County, will be in addition to the fees above and billed
separately, upon agreement with the County. Co -op promotion costs will be invoiced
independently of fees and other expenses and should not be incurred without the
County's prior written approval.
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9/11/2012 Item 16.F.3.
4. Expenses related to the various services will be invoiced on a monthly basis as
follows:
a. Advertising, if necessary, will be billed at net -cost (no markup) to the CVB's
advertising agency of record.
b. Travel expenses such as air, auto rental, hotels and meals will be billed to
the CVB at net cost. Air, train travel to be at lowest available coach fare.
C. Out of pocket expenses such as storage, printing, courier expenses, parking,
phone and fax will be billed monthly at cost.
d. Service fee will be invoiced monthly to cover all employee time and other
costs and all basic office operating expenses except as indicated above as
out -of- pocket expenses.
Page 10 of 10
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