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Backup Documents 12/10/2019 Item #16F12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING J( i 31-) 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T• THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT An 2019 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the oun kt[drney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Risk Management **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management Zboi 2. County Attorney Office County Attorney Office l)11031- 4. BCC Office Board of County w Commissioners tZ ‘3,,`�� 4. Minutes and Records Clerk of Court's Office 0/ 1211 491 M l 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/ Department Agenda Date Item was DECEMBER 10, 2019 Agenda Item Number 16.F.12. Approved by the BCC Type of Document CONTRACT Number of Original 2 Attached Documents Attached PO number or account N/A 19-7667 Miles Partnership, number if document is Miles Partnership, LLLP to be recorded LLLP INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature " AMP" N/A 2. Does the document need to be sent to another agency for as:' ional si:na ? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! _ 8. The document was approved by the BCC on 12/10/2019 and all changes made durings not the meeting have been incorporated in the attached document. The County ;option for Attorney's Office has reviewed the changes,if applicable. s line. 9. Initials of attorney verifying that the attached document is the version approved by the ,A is not BCC,all changes directed by the BCC have been made, and the document is ready for the ;option for Chairman's signature. s line. 16F12 MEMORANDUM Date: December 17, 2019 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #19-7667 "Website Design and Development for the Collier County Office of Business and Economic Development" Contractor: Miles Partnership, LLLP Attached for your records is an original of the referenced document above, (Item #16F12) adopted by the Board of County Commissioners on Tuesday, December 10, 2019. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411 . Thank you. Attachment 1 6 F 1 2 FIXED FEE PROFESSIONAL SERVICE AGREEMENT 19-7667 for Website Design and Development for the Collier County Office of Business and Economic Development THIS AGREEMENT, made and entered into on this le day of bQL 1ioW- 20 (9 , by and between Miles Partnership, LLLP authorized to do business in the State of Florida, whose business address is 6751 Professional Pkwy, Suite 200, Sarasota, FL 34240 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a three (3 ) year period, commencing n upon the date of Board approval n on and terminating three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ■ Purchase Order I I . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Request for Proposal (RFP) n �-to-Bid (ITB) Other ( ) # 19-7667 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■❑ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.I) C:10 I6F12 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): �] Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. • Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ■• • • a: • • e : - e e. ma a :.e. e •_: • _. e _ cos ••_ _e.•e _ ee •'- - - =e_ e••:• e . = e _ :e: a ee _- or service delivered (i.e. inst. _ 'e• e -= e: e•, e: e -: e: a-- -e: e - -.• •. •• • •• :• •• • e-. - ... 'e• Page 2 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) C;10 16F12 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4-4 - . . - - , - _.. -_...,_ .�.._... _ ••-- a_. _ ee a -. •. . . . .•e a •e. : : •_:•.._.. sed as per Section 112.061 Fla. Stats. r-' .e_. -tam:* _._ : _ •: e e - Mileage $0.414.5 per mile Breakfast $6-80 Luh $-1-1-00 Dinner $1-9:08 Airfare Actual--ti.ket cost limited to tourist or coach-class-fare Rental-car Actual-rept- _e_ .•• _e e -tome— e , •e e _ :• _ Lodging Actual cost of lodging at single aa . . _ • a _a a .e ..a _. than $150.00 per night Parking A - -- -e- a e_ •e Taxi or Airport Limousin- Actual cost of either taxi or airport limousine •• e- _- e T. ' :••- e •: •- • _ : = e:•ses-.shall be limited to the following: -•.••:,_ e•e e__ _ e•e e_ee .e -•. e__ . •e ' -.._ •- e e e• ft:r Contractor has provided-al.-receipts: activities-and solicitations-undertaken pursuant-to-this-Agre€i ant: 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3of15 Fixed Price Professional Service Agreement#2017-001 (Ver.1) 16F i • 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Miles Partnership, LLLP Address: 6751 Professional Pkwy West, Suite 200 Sarasota, FL 34240 Authorized Agent: David Burgess, President & CEO Attention Name & Title: Telephone: (941) 342-2310 E-Mail(s): lauren.bourgoing@milespartnership.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Sean Callahan Division Name: Business & Economic Development Address: 3299 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Swain Hall, Manager-Financial and Operations Suppor Telephone: (239) 252-8951 E-Mail(s): Swainson.Hall@colliercountyfl.gov 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. 7. 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. 8. 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. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) CAG 16F12 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four(24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the ) County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. I■] Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B- ❑ lusinoss Auto Liability, Cove-raga skull have 1171441-11:11.1m limits of • , .� • \_••_e._ .- e. . • _ _•_ '•- _�__: �... • ._ •._ ._.� ,,.•� ► e•. C. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) CAO 16F12 The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. 0 Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. E. i Cyber Liability: Coverage shall have minimum limits of$ 1,000,000 per occurrence. F. n Technology Errors and Omissions: Coverage shall have minimum limits of $ 1,000,000 per occurrence. V� 1. • : _ . • _ e .- e _•_ a_ .• • •. .• Si g 'o A ecrrence ❑ _ •.. - e _ _ .. , • , _ ' , - •• _ 1_ _ • e - _ e e • • - f_ • . _ e _ -e_ .•. occurrence. LII_ • •• - ! . . e - e • - _ • • - e 3 e: _•- a_ _ •. •• _ u .... _ . $ per occurrence. i= ❑ minimum limits of$ per occurrence. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver 2) i6F12 Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Business & Economic Development Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑■ RFP/❑ ITB/EI Other #19-7667 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and ❑ Other Page 7 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver 2) 1 6 F 1 2 17. APPLICABILITY. Sections corresponding to any checked box (1111) will expressly apply to the terms of this Agreement. 18. 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. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. Page 8 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) (AO 1 6 F 1 2 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. 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. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the Page 9 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver 2) CAU 1 6 F 1 2 commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 25. 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. 26. n • - . se e this-project be knowfedgeabe Ili-theirareas-of expertise—The-County-reserves the-right-to-investigations as-ma- --be---deemed--nes€ssary-to-ensure--that co eklt. . n__ e •_ • e __,,-• - e. _ _ e • _ •_Y ..• , shall-assign-as-ma-n�people as necessa• _e __.., _ - •� --_r •..: .alis, and-each-persa• _ -_.e•-_ - - e - _ilable for an amount-of-time-adequate-to meet there The Contractor-shall not change-Key-P-a son el-un-less-#lie e . . •.. -e•e• •e•_ .. '1 eee_-e = -='•=' - •- = -_ e_ _ • ..- __a._ e e: e __.• •__ •e•_ _ •e a e=. _.•_ •._ •_ _ e_ • ._ •e . .=.e •• • ••e - _ - ••. -e _ • _: e e__•e as _ •• _ e _.._ ••_ . _e••tl 2 _•- 2-_e•- e - : ' - e •• • _• _ e_ • . 4.• -2 2• e- _ e •: _•- •e c, •- - 9- a - _ •_ •a- - 99 -_ ee e _ e. a eee--e _e - --••_• ez tee•■ ISI AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 27. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ORDER.-O PR.E-C-E-D-NGS;C-rant-F-uniled. In the event of any conflict-between e _••..e •__ s ••_ e e •_ _ e• Pe_ ••_• - _ ,•e e - e. a ae a e __e =-- - •.••- • , he-terms of the-Agree t-shall-tali •W - •• e e . •. .e_-••:• s;-except the terms of any-Supplemental Gardiner s-sna-I - e _ _e-•_= e _ •_ •greeme t any conflict-4444e terms of the Contract Documents cannot be resolved by application of the •e. .-.•:• e•e• •e• • . . e. •r Ae __eat• •- e. •_ _a._ e: z_e -e e Page 10 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) ( ;1t 16F12 ""None. •:.. ••e _ e _e_ ee .e 'e• •e: .- •. _ _ Ie ••:• ee• .: Contra 28. 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. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. (Intentionally left blank -signature page to follow) Page 11of15 Fixed Price Professional Service Agreement#2017-001(Ver 2) 16F12, IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST BOARD OF C• NTY COMMISSIONERS r t °v rt.rqp • COLLIER C•A • fo'IDA Cryo.,, ` Kin zdi, • V ° k urts & /� � , .f •tr "'> ` (-) , 40..A -s �• W,'lam L. McDaniel Jr. , Chairman Dated: t ; ' 6(.,,,. )••;' ,4x+ i',S o Chairman's Contractor's Witness : Miles Partnership, LLLP Contractor Yt:S--C /V-e2f40 Byl./(4 Contractor's First Witness Signatureawki — `) i' Q.i'5i( t IC0A- El L{ TType/print signature and titleT TType/print witness name (_-4/_________:--- Contractor's Second Witness El(1J Mtv1NI TType/print witness nameT A. ov-d as to F. �a 'd Legality: 1 Impi moi► County Attorney print Name 1,_Vail , .;:.da ‘19.1".,1,6, i - — takiafill .,2A.A.L4 _ ,,._,..,c-as4rn----..arrzapaenaaagosw.1 Page 12of15 Fixed Price Professional Service Agreement#2017-OO1 (Ver.2) cp) CA() 16F12 Exhibit A Scope of Services Ili following this page (pages 1 through 3 ) ❑ this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) 1 6 F 1 2 RFP# 19-7667 "Website Design and Development for the Collier County office of Business and Economic Development" EXHIBIT A-SCOPE OF SERVICES Collier County's economic development programs have three priorities: business retention and expansion; business attraction; and entrepreneurship through incubation and acceleration. In addition to internal division programs, Collier's economic development program accomplishes its priorities through active management and supervision of a financial incentives program. The project goal will be to integrate and consolidate the existing Office of Business & Economic Development (OBED) websites into one website, utilizing the established branding of the Naples, Marco Island, Everglades, Convention and Visitors Bureau(CVB)website under the administration of the Collier County Tourism Division. Examples of current economic development websites are listed below. These sites will no longer exist following the construction and launch of the new website: https://www.colliercountyfl.gov/your-government/divisions-a-e/business-economic-development https://www.collieredo.org/ https://naplesaccelerator.com/ https://theculinaryaccelerator.com/ https://bayshorecra.com/ http://www.immokaleetoday.com/ All websites contain important information regarding the economic development program offered here in Collier County but lack similar branding and consolidation that would be important to businesses or the relocation and site selection business community.In addition,the County website contains outdated information that can be eliminated. Integration of select information from both sites into the existing architecture of the paradisecoast.com website would present a way to consolidate the important information into one place and offer a solution to the lack of cohesive branding by utilizing the already recognizable brand established by the CVB. The proposed new website will maintain the general look and feel of ParadiseCoast.com. The website will be designed specifically to serve the needs of business owners hoping to build, expand or relocate their enterprise in Collier County and will include customized features to be suited to the unique needs of the economic development audience. The objective is to create budgetary efficiencies by replicating as much of the front-end styling already created for ParadiseCoast.com where possible while customizing the features set and back-end to fit the unique needs of OBED's audience. The objective of this project is to create a simple, scalable and flexible platform for OBED that addresses the core functions of a modern economic development website,while planning further iterations and evolution of the feature set post-launch as part of a maintenance and evolution phase. The planned features list represents a mix of core elements and enhancements in an effort to improve the site's usability, navigability, discoverability of its content, and overall UX. The Contractor should construct a proposal to design, build and maintain the proposed integrated economic development website to sustain a branding integrity that will instill a familiarity to both persons seeking tourism related sites and business opportunities in Collier County. A. Guiding Principles 1. Present information in a way that is clear, scannable and supports the dual readership path—The writing and formatting of website content should be done in a way that supports reading preferences for two types of readers: the analytical reader(reading from beginning to end) and the scanner/skimmer(looking for something that catches their eye). Key principles for formatting content include: Page 1 of 3 Exhibit A-Scope of Services & 6F 1 ? • Compelling subheads • Line breaks • Bulleted/numbered list • Numbers • Images • Bolding • Relevant links 2. Use landing pages to introduce and inform—There is a wealth of information that exists on single pages between both existing sites. To provide users with a quicker path to get to the information they are looking for without needing to dig around the site or solely use site search to find what they are looking for,website should use teasing or introducing content on topic-specific landing pages which then link to info pages that provide more details and/or programming related to that specific subject matter. 3. Optimize meta data–Well optimized meta data and structured data are key factors for influencing not only ranking in search, but also presentation of the site's content in search results. All existing and new pages should include custom, unique meta data. Website will set up dynamic rules to ensure all pages contain meta data, however for pages that are important for search, if possible, write/edit their meta data before content migration takes place, then load the optimized meta data when migrating content to the site. B. Site Architecture 1. OBED intends to leverage the already established branding and similar architecture of the County's Tourism website, paradisecoast.com. Property data for dynamic listing pages should be featured on the site. 2. Below is some of the information that needs to be included on a new website. The Contractor should suggest additional areas for inclusion. The following major sections should be included from the existing websites: •Incentives–to include consolidated listing of the different economic zones available in the County (i.e. Opportunity Zones, Innovation Zones, etc.) • Site Selection Tools–to include Certified Sites, permitting, and development processes) • A collection of relevant data points from the existing site • Partner and organizational information • Economic and demographic data • Workforce development information • Partner and organization information 3. Administration access to content, file uploads and blog posting s must be available to OBED for making changes and updates to the site. 4. The Contractor shall be responsible for performing a content audit of existing sites and providing migration services for all data being moved to the new website. C. Data Collection and Management 1. Collier County and OBED will maintain ownership of data generated by the website. D. Design 1. The design of the economic development site should integrate and utilize the same type of branding currently Page 2 of 3 111) Exhibit A-Scope of Services 1 6 F 1 2 on the existing www.paradisecoast.com site. 2. The Contractor shall design an element collage, iconography set, and new logo for OBED. 3. Tagging structure, if necessary, to be identified as part of the content audit. E. Features 1. The Contractor shall suggest features necessary for an integrated website. F. Maintenance/Hosting 1. Include an annual maintenance plan for regular updates and hosting of the website. Page3of3 CAO Exhibit A-Scope of Services 1 6 F 1 2 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 14 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 1 6 F 1 2 RFP# 19-7667 "Website Design and Development for the Collier County office of Business and Economic Development" EXHIBIT B FEE SCHEDULE # Deliverable Lump Sum Total Cost' 1 Planning and Management $38,740 2 Content Services $20,930 3 Design Services $7,020 4 Sitewide Utilities,Configurations $26,000 &Core Elements 5 Content Types, Components & $28,340 Custom Pages 6 Integrations $9,740 7 Webforms $2,990 8 Analytics $3,380 9 Server and Domain Services2 $1,300 10 Annual Maintenance/Hosting $19,3203 Total Design and Implementation Cost $157,760.00 'The lump sum amounts reflected in this column are reimbursable in accordance with the Price Methodology set forth in Section 4.1, Lump Sum, of the Agreement as the deliverables are completed as confirmed by County staff. The Total Design and Implementation Cost encompasses the total lump sum amount to design, implement and provide the annual maintenance/hosting services during the initial year that the Contractor provides services. 2Hourly Rates: Following the completion of the Total Design and Implementation of the project as set forth in the Schedule A —Scope of Work,if the County should require additional tasks that fall under the categories of any of the first nine(9)deliverables, such additional work,if agreed upon by the Parties and approved by the Contract Administrative Agent,shall be reimbursable at the hourly rate of$130.00 per hour, in accordance with the Price Methodology set forth in Section 4.1.,Time and Materials. 'The Annual Maintenance/Hosting cost shall be at the annual lump sum amount set forth in row ten (10)for the first three (3) years (the initial term)of the Agreement. After the initial term of the Agreement, if the Contractor can provide the County with documentation that its costs for providing Annual Maintenance/Hosting services has increased by at least 10%,the Contractor can petition to the County to negotiate an increase of the Annual Maintenance/Hosting services should the Parties exercise the two additional renewal terms addressed in Section 1 of the Agreement. Page 1 of 1 1 6 F 1 2 Other Exhibit/Attachment Description: ❑ following this page (pages through ) i this exhibit is not applicable Page 15 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) cNO Client#: 1054358 MILESMEDI 1 6 F 1 2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/29/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services, LLC/CL PHONE 305 669-6000 FAX 201 Alhambra Circle,Suite 1401 (A/CIL ,No,Ext): (A/C,No): Coral Gables, FL 33134-5108 ADDRESS: 305 669-6000 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Zurich American Insurance Company 16535 INSUREDINSURER B:American Guarantee Insurance Company 35521 Miles Partnership LLLP, Miles Partner- INSURER C Steadfast insurance Company 26387 ship LLC, Miles Partnership II LLC Continental CasualryCompany 20443 6751 Professional Pkwy W Ste 200 INSURERD: • INSURER E:Zurich American Insurance Company 16535 Sarasota, FL 34240-8450 INSURER F Markel American Insurance Company 28932 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X CP0015627901 04/09/2019 04/09/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES(EaE EDnce) $1,000,000 MED EXP(Any one person) _$5,000 PERSONAL&ADV INJURY $1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ECOT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ E AUTOMOBILE LIABILITY CPO015627901 04/09/2019 04/09/2020 COMBIccideNEDnt)SI $ sNGLE LIMIT 1 000r 000 Fee X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTOS ONLY XNON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY (Per accident) B x UMBRELLA LIAB X OCCUR AUC015628001 04/09/2019 04/09/2020 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$0 $ A WORKERS COMPENSATION 342839200 01/01/2019 01/01/2020 X STATUTE EMPLOYERS'LIABILITY STATUTE FR Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C *Professional E00O24618901 04/09/2019 04/09/2020 $5,000,000/Ded.$25,000 D Crime 596506703 10/01/2019 10/01/2020 $1,000,000/Ded.$10,000 F D&O/EPL/Fiduciary MKLM2MML000179 10/18/2019 10/18/2020 $3,000,000/Ded.$0-$25K DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *Professional/Technology/Media Errors&Omission Liability coverage is written on a claims-made basis. *D&O Limit$3,000,000/EPL Limit$3,000,000/Fiduciary Limit$1,000,000 Deductible$0-$25,000 The General Liability policy includes automatic Additional Insured endorsement that provides Additional Insured only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East NAPLES, FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S27240858/M26912399 AMREV 16Fi2 DESCRIPTIONS (Continued from Page 1) RE: Proposal 19-7667-Website Design and Development For any and all work performed on behalf of Collier Country. Additional insured includes: Collier County Board of County Commissioners,OR, Board of County Commissioners in Collier County, OR Collier County Government,OR Collier County. The Automobile Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured.The General Liability and Automobile Liability policies contains a special endorsement with Primary and Noncontributory wording, when required by written contract.30 days Notice of Cancelaltion will apply, however, 10 days notice for non payment of premium. Cyber Liability is included under the Professional Liability. SAGITTA 25.3(2016/03) 2 of 2 #S27240858/M26912399