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Backup Documents 07/14/2020 Item #16F 5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney 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. **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 si ature, draw a line through routinR lines # 1 through #2 complete the checklist and forward to the Counh, Attome Offic Route to Addressees (List in routing order) Office Initials e. Date 1. Risk Risk Management 7 1-V'zo 2. County Attorney Office County Attorney Office -1 h4,0 . 4. BCC Office Board of County Commissioners {.- 4. Minutes and Records Clerk of Court's Office 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 Jessica Suarez/ PURCHASING Contact Information 239- 252-8407 Contact / Department Agenda Date Item was July 144 2020 Agenda Item Number 16.F.5 Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7706 LOU HAMMOND number if document is LOU HAMMOND & ASSOCIAT to be recorded & ASSOCIATES, INC. ��// INC. 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 STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? 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 JS 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 JS 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 JS si nature 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 07/14/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorne 's Office has reviewed the changes, if applicable. D 9. Initials of attorney verifying that the attached document is the version approved by the A BCC, all changes directed by the BCC have been made, and the document is ready for the „an option for Chairman's signature. ne, I1�aerrs,�rit Pao 16F5 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, July 21, 2020 10:12 AM To: SuarezJessica Subject: Item #16F5 (7-14-2020 BCC Meeting) Attachments: Backup Documents 07_14_2020 Item #16F 5.pdf HI again Jessica, Am executed copy of Item *16F5 approved by tke OCC July 1.4, 2O2o, is attacked for your records. Tkank you again, Ann Jenne, john BMR Senior Deputy Clerk Clerk to the Value Adjustment Board Office: 23 9 -252 - 8406 Fax: 239-252.-8408 (if applicable) AnK.Jev►neiokn@CollierClerk.com Office of tke Clerk of tke Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com i 16F5 FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 20-7706 for Tourism Public Relations Services THIS AGREEMENT, made and entered into on this ITS day of _� 20 20 , by and between Lou Hammond & Associates, Inc. (FL) , authorize to do business in the State of Florida, whose business address is 231 Majorca Unit G, Coral Gables, FL 33134 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: The Agreement shall be for a three ( 3 ) year periol upon the date of Board approval [�]—eH three ( 3 ) year(s) from that date or until all outstanding issued prior to the expiration of the Agreement period have terminated. I, commencing ❑■ _ and terminating Purchase Order(s) been completed or 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 ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ■❑ Request for Proposal (RFP) ❑ Invitation to (ITB) ❑ Other- ( ) # 20-7706 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 I of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.1) 16F5 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. of 12--hor tirne spent by the , the work (nurn-ba-rof hours thmas hourly rate), and for mater V als and eqWpment W66d n the project (cost of materials pluss the contmar-tar's m2r This methodolog, of the project, or when expected that the Pr0j@Gt roquirements. Wal I Id Most like rate by positioA (and not company (or swbcoptractoo tirnekoapiAg Or payroll for the projecA-. 0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) 16F5 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. Reimbursements shall be at_4hafoUowiPg rates.- --. -. .. -. .... .. -. RM . . . .. ... . .MI-M • •• IMMORIMIRR - •- a -• ! •e • • •• �- a• • • Ms•- • • •• ■- •• • • • • •-• • • • • • • - • • • • • • ■ - • • • • - • • - • ■ I. • • • • • • - ■ - • • ■ • ■ • • - •• - ■ 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 # 85-8015966531 C. Page 3 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.1) 16F5 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: Lou Hammond & Associates, Inc. (FL) Address: 231 Majorca Unit G Coral Gables, FL 33134 Authorized Agent: Terry Gallagher, President Attention Name & Title: Olivia Preston Telephone: (843) 410-2728 E-Mail(s): terryg@louhammond.com/ oliviap@louhammond.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: Jack Wert, Executive Director Division Name: Tourism Division Address: 2660 Horseshoe Drive N # 105 Naples, FL 34104 Administrative Agent/PM: Jack Wert Telephone: (239) 252-2402 E-Mail(s): Jack.Wert@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) 0CA10 16F5 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. R 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. . ■ - . .. ••. - • - • OVERWill Mrs • C. FE-1 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) 16 F5:­4 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. &MF O. ❑ Watercraft;- Coveracta shall have minimum lim.As of $ ecGLIreec-69. 1. F-1 Marmt-mme Coverage (Jones 6ELji Coverage shall h-ave- rninimilm JiMUR-A - - ........... . - 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) 0 16F5 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 Tourism 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/❑ Other #20-7706 , including Exhibits, Attachments and Addenda/Addendum, ❑ equent quotesi and ❑ 9the . Page 7 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) CCINO I6F5 4 17. APPLICABILITY. Sections corresponding to any checked box (0) 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: 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) (RI 16 F5 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) 16F5 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. NP .. .. •- ell ... . . - .. . . .. ..... - .. . - ■ . ■ .. .. ... -..-. ...------------------ - ■❑ 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. 0 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. Page 10 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) 16F5 T. = d .— ... .. .. .. ■. ..—. ... .- .. . M .. 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 11 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) CA. 16F5 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- • BOkAp'``� . Crystal K. Kinzel, Clerk of Courts & Comptr9l By: . \�.ucO�.tA �.. d Dated: /1A.. • � 41� (SEAL)Attest as to Chairman's ContractorligWIWkiWis: Contractor's First Witness 1\V i �leS�f1' uV�2f'Jri TTypelprint witness nameT pp ved as to Form and Legality: County Attorney A IN Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , 'C , VOAOAZ— Burt C Saunders , Chairman Lou Haryfm'end XAssociates, Inc. M �---� r% print signature and title v-4� (tern # 49E5 Agenda Date f "(•� Date Rgc'd Page 12 of 15 Fixed Price Protessional Service Agreement #2017-001 (Ver2) 16F5 Exhibit A Scope of Services ❑ following this page (pages 1 through 4 ) ❑ this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) 16F5 Exhibit B Fee Schedule following this page (pages 1 through Page 14 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) 16F5 Other Exhibit/Attachment Description: ❑ following this page (pages through __) On this exhibit is not applicable Page 15 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) 16F5 RFP# 20-7706 "Tourism Public Relations Services EXHIBIT A SCOPE OF SERVICES The terms "Vendor" and "Contractor" is used interchangeably throughout the agreement. The vendor will create and implement for the County an effective out of market media relations strategy that may include but not be limited to the following: 1. Provide full range of media pitching and targeting that includes: • Nurture personal media relationships on County's behalf; • Develop pitches specifically targeted to each individual outlet and journalist by niche; • Create pitches that reference the journalist's recent stories and specific section topics; • Utilize statistics wherever possible to support trends; and • Employ unobtrusive follow-up with journalists 2. Develop a media grid of agreed -upon, targeted outlets for the destination's key niche segments. The vendor will then craft pitch angles and story ideas customized for the audience. The vendor will utilize the segmented media grid to track responses and plan additional tactical outreach such as desk - sides and media visits. 3. Implement a proactive campaign directed to the broadcast media. The vendor will continually research and review programs on network and cable TV as well as shows in syndication that may be appropriate for the County. The vendor will work with the County to target key broadcast outlets that have national exposure on morning shows, talk shows, cable networks such as Travel Channel, Food Network, HGTV, Wealth TV, Bravo, etc. and more. The vendor will work closely with the outlets' publicists and editors to provide regular, current information. 4. Provide access to the County for the agency's extensive computerized database. As part of its media mailing services, the vendor will create an addendum for each client, which includes personnel and other non -media contacts the client wants to reach with its materials. 6. Release of a tailored calendar of events, with emphasis on particular seasons and holidays. These are times when media are particularly looking for news and special offerings. 7. Operate an aggressive Collier County News Bureau. The bureau will be staffed and equipped to pitch the media proactively and respond 24-hours-a-day to inquiries, refer coverage opportunities to the appropriate parties, give advice on trends and developments and provide current information. The vendor will provide a fully- staffed extension the Collier County media team to help County be execute activities for which you may not previously have had the time or staff to utilize. Actions of the News Bureau will include: • Handle inquiries, referring to the County as necessary; • Alert the media to news, developments and opportunities; • Maintain a fact file, electronic image and multimedia library; • Provide current information on all aspects of the destination; • Research editorial calendars to facilitate placements; • Review potential media visits; • Maintain updated listings of journalists with their specific interests; continuing regular contact Page 1 of 4 C to maximize enthusiasm, providing information as necessary; F5 • Develop and present high -impact story ideas; • Providing the client with clips of all media coverage; and • Monitor and maintain an Online News Room. 8. Incorporate the County into as many appropriately themed agency -wide releases as possible. 9. Post material on the vendor's Facebook site and tweet about news from the vendor's Twitter handle followers. 10. Participate actively in the Collier County marketing process. This will include being involved in the strategic planning process, contributing the contents for the Public Relations' ("PR") section of the annual Strategic Plan and participating in key tourism meetings and events. 11. Provide a 12-month program and timeline of activities in cooperation with the Tourism Division's in- house Public Relations team. In addition, no releases or other materials will be disseminated without written client approval. 12. Distribute the following resource guides to the County and its constituents on an annual basis: • Calendar of Holidays - This year -long calendar outlines major North American holidays with corresponding deadlines for editorial coverage of related news; • Hotel/Tourism Award Listings - This book is a compilation of significant opportunities for hotel/ tourism awards and surveys; information provided includes criteria, deadlines and contact names for entries. 13. Coordinate seminars to benefit the County's tourism partners. The seminars will be designed for people who can benefit by learning from public relations experts and are staged in a central location convenient for multiple tourism and economic development partners. Participants will also receive an update on the public relations program. 14. The vendor will create periodic newsletters for the County and produce a monthly Partner Newsletter with the assistance of the in-house County PR staff. These newsletters will contain a mix of destination updates, partner news, and promotions, supported by appropriate imagery. 15. Develop and implement a Visiting Journalist Program in which the vendor makes individual judgments on each journalist and influencer or blogger requesting a visit. Further, it is essential that this program be developed and monitored monthly to ascertain placement timing. The vendor will: • Aggressively encourage the right journalists to visit the destination; • Review requirements/requests and anticipated results with client approvals; • Work with an airline partner to secure airline tickets; • Assist client with itinerary arrangements including hotels, attractions, dining and shopping venues; • Forward press materials; and • Monitor and report results. Each individual press trip request is submitted to the client with the agency's press request form, outlining the journalist's affiliation, audience reach and special interests as well as agency recommendation and remarks. A client signature authorizes the agency to proceed with the trip. Page 2 of 4 C p 16F5 For any top media that are not allowed by company policy to participate in sponsored visits, the vendor will work with this media outlet to find a way to arrange a way for the media outlet representative to visit at their own expense. Through one-on-one contact, the vendor will make a compelling case about the destination and its news value. The vendor will offer assistance with fact checking, photography and source material to help them create their stories. 16. Create an integrated social media campaign that will help the County build brand equity and credibility, engage customers, attract events, reach goals, track metrics and conversation trends. The vendor will: • Advise the County's in-house PR team regarding best practices to use social media sites effectively given the synergy between the various communication channels (i.e., an iPhone image can be posted to Instagram, or a Facebook page and then tweeted). Across all social media platforms, the vendor will also monitor to evaluate, track/ measure conversations. • Support the presence on relevant social networks such as Facebook for the Naples, Marco Island, and Everglades Convention and Visitors Bureau (CVB) - Paradise Coastal brand to launch direct -to -consumer incentives, online events, contests and communication to increase fans. Promotions can be customized and targeted to both the peak leisure season and slower season as need dictates. • The vendor will provide Collier County with tips and suggested course of action to leverage micro blogging sites such as Twitter, developing a content calendar as necessary. The vendor can create exclusive promotions/incentives for followers and engage those followers through experts, live events and conferences. The vendor will monitor topics and retweets, as well as link Tweets between Facebook, YouTube, etc. as desired. • The vendor will also feature Collier County and its partners on its own social media platforms • The vendor will monitor coverage and reviews, responding to noteworthy blog posts as agreed upon by the client to help manage perceptions within the online community and become part of blog conversation with transparent messaging at the authority's direction as well. The vendor will serve as an advisor regarding best practices for establishing its own blog, if desired, including proper language, tone and frequency of posts, as well as offering direction on linking blog updates to client Facebook page and other social media outlets. • The vendor will work with Collier County to ensure that any information that appears on W ikipedia is correct, helping to implement any revisions if necessary. Agency, at client direction, can also create entries. • The vendor will post on Video sharing Web sites such as YouTube, Yahoo! Video and Google Video allow users to distribute video clips to the masses. With the proper distribution, consumers interested in learning more about Collier County can easily find related videos online. The vendor will develop a distribution strategy and schedule consisting of appropriate video sharing Web sites and "tagging" with the goal of achieving a viral effect, measuring viewers as necessary. • Post on travel and media web sites to enable marketers to share and post images with several audiences, including media. The vendor can support Collier County capitalizing on current photo -sharing trends, with tactics ranging from the upload- of high -impact photography and strategic "tagging" and "geotagging" of online photos, to participation in relevant online groups and the execution of online photos contests, all the while measuring viewers as necessary. • The vendor will assist in concepting and developing personalized apps that interface with smart phone technologies. The vendor will provide ongoing counsel on how to build the Naples, Marco Island and Everglades brand through social media, keeping abreast of all new developments. The vendor is also to help strategize and integrate all social media efforts, linking each outlet to the other. Page 3 of 4 16F5 • The vendor will be an active partner in all emergency situations requiring crisis communications tactics including media monitoring, continual contacts with Collier tourism partners, support continual updates to the County's Beach Conditions pages and contribute photos and videos from user generated content to support the crisis communications operations. • The vendor has the option to provide monthly Media Monitoring Services and reporting to the County as part of their scope of services as provided by a nationally known service that provides these services to tourism bureaus on a regular basis. The bid document should be specific as to whether these services are part of the service fee or a separate add on option and cost. • The vendor will assist the in-house CVB PR staff with local and regional media relations support and planning, and escorting media familiarization trip participants while in the destination and in situations where the in-house PR team needs additional help to respond to media inquiries. Page 4 of 4 16F5 RFP# 20-7706 "Tourism Public Relations Services EXHIBIT B FEESCHEDULE Payment to Contractor shall be made as follows: I. Lump Sum monthly payment in the amount of $11,000 for a total annual fee of $132,000. Included in that cost are out of pocket expenses such as telephone, postage, messenger and photocopying. 11. Additional expenses such as staff/media travel and media events are pre -approved and billed at cost with no markup. Contractor would continue to operate from an annual out of pocket expense budget of $19,992 ($1,666 per month). 111. $2,500 for an annual, in-depth audit of all Paradise Coast social media platforms. A6l CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) Il 06/25/2020 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Karen Ferrara, CISR NAME: C. T Lowndes - Mt. Pleasant Office PHONE (g43) 884-3159 FAX (843) 881-8891 A/C No Ext : A/C No): 966 McCants Dr. E-MAIL kferrara@ctlowndes.com ADDRESS: NSURER(S) AFFORDING COVERAGE NAIC # Mt. Pleasant SC 29464 INSURERA: Ohio Security - Montgomery 24082 INSURED INSURER B : Ohio Casualty 24074 Lou Hammond & Associates Inc INSURER C: Continental Casualty - CNA 20443 145 King St INSURER D : Suite 411 INSURER E : Charleston SC 29401 INSURER F : COVERAGES CERTIFICATE NUMBER: 2021 GL, UMB, E&O 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LTR TYPE OF INSURANCE ADUL INSD 5UBH WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx—] OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TRENTED PREMISES Ea occurrence 1,000,000 $ MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ A Y BZS55609265 07/12/2020 07/12/2021 GEN'L AGGREGATE LIMITAPPLIES PER: X POLICY PRO- F-12,000,000 JECT LOC GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A SCHEDULED AT AUTOS ONLY AUTOS Y BZS55609265 07/12/2020 07/12/2021 BODILY INJURY (Per accident) $ X HIRED x NON -OWNED AUTOS ONLY /� AUTOS ONLY PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LAB CLAIMS -MADE US055609265 07/12/2020 07/12/2021 DED I X RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA No Coverage Provided E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Errors & Omissioins C 596361873 08/28/2019 08/28/2021 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the insureds operation. Collier County Board of Commissioners, Board of County Commissioners in Collier County, Collier County Government or Collier County included as additional insured as respects general liability per endorsement BP7996 (09-16) & auto liability on a primary and noncontributory basis when required by written agreement. Project: Any and all work performed on behalf of Collier County by Lou Hammond & Associates, Inc. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners AUTHORIZED REPRESENTATIVE 3295 Tamiami Trail East Naples FL 34112 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YWY) .4coRo 06/15/2020 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 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 rights to the certificate holder in lieu of such endorsements s . PRODUCER Keystone Risk Partners LLC CONTACT NAME: 604 East Baltimore Pike PHONE A/C No Ext : 888-473-6398 FAX A/C No): Media PA, 19063 ,..,, ...... --- — , INSURED Extensis IV, Inc. L/C/F LOU HAMMOND & ASSOCIATES INC (LOU HAMMOND & ASSOCIATES INC) 900 US HWY 9 North, Suite 203 Woodbridge, NJ 07095 COVERAGES CERTIFICATE NUMBER: INSURERS AFFORDING COVERAGE NAIC# INSURER A: Indemnity Insurance Company of North 43575 INSURER B: American Guarantee & Liability -Zurich 26247 INSURER C: INSURER D: INSURER E: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME 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 ADD'L SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSRD WVD POLICY NUMBER MM/DD/YYYY) (MM/DDIYYYYI LIMITS GENERAL LIABILITY Not Applicable EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC 1 $ AUTOMOBILE LIABILITY Not Applicable pp COMBINED IN LE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR UMB 5499247-06 09/30/2019 09/30/2020 EACH OCCURRENCE $ 10,000,000.00 AGGREGATE $ 10,000,000.00 B EXCESS LAB CLAIMS MADE X DED I X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY C66684386 09/30/2019 09/30/2020 WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000.00 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y/N N/A E.L. DISEASE -EA EMPLOYEE $ 1,000,000.00 (Mandatoryin NH) ❑ f yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks, Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION 206266 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E Naples FL, 34112 Jay AUTHORIZED REPRESENTATIVE Peichel V 1 Vt$t$-ZU9U AGUKU GUKHUKA I IUN. All rights reserVea. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD