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Agenda 10/27/2020 Item #16D 9 (2nd Amendment to #19-7537)16.D.9 10/27/2020 EXECUTIVE SUMMARY Recommendation to approve a Second Amendment to Agreement # 19-7537 with Quest Corporation of America, Inc., to continue to oversee the COVID-19 media campaign and related public assistance and authorize the Chairman to sign the attached amendment. OBJECTIVE: To continue to provide creative, positive public engagement, and educate and inform the public on general COVID-19 disaster safety information and funding opportunities for individuals and local businesses. CONSIDERATIONS: The Community and Human Services Division ("CHS") is responsible for administering the County's Coronavirus Relief Funds from the Florida Department of Emergency Management ("FDEM") that the Board accepted on June 23, 2020 (Agenda Item #11B). As part of that program, staff needs to implement a media campaign on COVID-19 related public assistance resources available and public educational service information on keeping safe during this pandemic. Quest Corporation of America, Inc. ("Quest") is the County's current affordable housing marketing and outreach vendor. The Board approved Agreement #19-7537 (the "Agreement") with Quest on October 8, 2019 (Agenda Item #16D4). The Agreement provides for a two-year commitment to develop a marketing and outreach strategic campaign. All expenditures related to COVID-19 are allowable per US Treasury guidance retroactive to March 1, 2020 through December 30, 2020. The First Amendment to the Quest contract approved on July 28, 2020, modified the Agreement's Scope of Services and Fee Schedule to: • Develop a disaster website presence on general COVID-19 information • Market county public assistance programs • Develop a print and media campaign on COVID-19 educational public service information for Collier residents The proposed Second Amendment will modify the Agreement's Scope of Services and Fee Schedule to allow for: • Ongoing website updates and maintenance • Additional graphic design as needed for all relaunches, social media posts, and other media outlets • Additional copywriting and translation services • Additional mass email distributions • Final "Cover -Up Collier!" video editing and airtime media buys • Associated project management • Additional activities to promote information regarding COVID-19 assistance, education, FISCAL IMPACT: The COVID-19 media campaign additional expenditure in the amount of $50,000 and the added media broadcasting service in the amount of $45,000 will be funded by Coronavirus Relief funds through FEDEM. Funds are available in Human Services Grant Fund (707), Project (CARES) 33699. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board action. -SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this recommendation. Packet Pg. 1229 16.D.9 10/27/2020 RECOMMENDATION: To approve a Second Amendment to Agreement # 19-7537 with Quest Corporation of America, Inc., to continue to oversee the COVID-19 media campaign and related public assistance and authorize the Chairman to sign the attached amendment. (Fiscal Impact $95,000) Prepared By: Hilary Halford, Sr. Grant & Housing Coordinator, Community and Human Services Division ATTACHMENT(S) 1. Quest Second Amendment 0001(PDF) 2. 19-7537 - Quest Corp of America Contract (PDF) 3. 19-7537 Amen #1_QuestCorp_FullyExecuted (PDF) Packet Pg. 1230 16.D.9 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.9 Doe ID: 13806 Item Summary: Recommendation to approve a Second Amendment to Agreement #19-7537 with Quest Corporation of America, Inc., to continue to oversee the COVID-19 media campaign and related public assistance and authorize the Chairman to sign the attached amendment. Meeting Date: 10/27/2020 Prepared by: Title: — Community & Human Services Name: Hilary Halford 10/05/2020 3:18 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 10/05/2020 3:18 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Community & Human Services Cormac Giblin Additional Reviewer Procurement Services Opal Vann Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Operations & Veteran Services Kimberley Grant Level 1 Reviewer Public Services Department Todd Henry Level 1 Division Reviewer Public Services Department Steve Carnell Level 2 Division Administrator Review Grants Erica Robinson Level 2 Grants Review County Attorney's Office Scott Teach Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Budget and Management Office Ed Finn Additional Reviewer Grants Therese Stanley Additional Reviewer County Manager's Office Sean Callahan Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 10/08/2020 11:23 AM Completed 10/09/2020 8:22 AM Completed 10/09/2020 10:36 AM Completed 10/12/2020 10:32 AM Completed 10/12/2020 1:29 PM Completed 10/13/2020 10:44 AM Completed 10/13/2020 12:06 PM Completed 10/13/2020 12:26 PM Completed 10/13/2020 3:53 PM Completed 10/16/2020 10:18 AM Completed 10/16/2020 11:37 AM Completed 10/16/2020 1:01 PM Completed 10/16/2020 6:32 PM Completed 10/19/2020 11:43 AM Completed 10/19/2020 3:48 PM 10/27/2020 9:00 AM Packet Pg. 1231 16.D.9.a SECOND AMENDMENT TO AGREEMENT #19-7537 FOR AFFORDABLE HOUSING MARKETING OUTREACH CAMPAIGN THIS AMENDMENT, made and entered into on this 13th day of October 2020, by and between Quest Corporation of America, Inc. (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County": WHEREAS, on October 8, 2019 (Agenda Item 16.D.4), the County entered into an Agreement with Contractor for the marketing, public relations, and communication plan for housing affordability; and WHEREAS, on July 28, 2020 Absentia meeting (Agenda Item No. 16.D.2), ratified by the Board on September 8, 2020 (Agenda Item No. 16.F.1), the County approved First Amendment to the Agreement to: (1) include expanded services for the media campaign, to include advertising, for the implementation for Federal CARES funding received by Collier County; (2) increase the contract value of this Agreement by $80,000 for this added service; and (3) inclusion of Federal Provisions and Certifications (CFDA 21.019-CARES ACT); and WHEREAS, U.S. Treasury guidance on the CARES Act provides that all expenditures related to COVID-19 are allowable retroactive to March 1, 2020 through December 30, 2020; and WHEREAS, the parties desire to further amend the Agreement to: (1) increase the not -to - exceed amount to Contractor by $50,000 to continue previously established scope of services for COVID-related allowable expenses for the period between March 1, 2020 through December 30, 2020, as provided for in the First Amendment to this Agreement, and similarly (2) modify Exhibit A-1 Scope of' Services to include media buys from various local outlets for COVID-19 related information broadcasts in the not -to -exceed amount of $45,000 during that same period. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. The above Whereas clauses are herein incorporated by reference as if set forth herein. 2. An additional not -to -exceed amount of $95,000.00, which encompasses a not -to -exceed amount of $50,000.00 to continue the previously established scope of services and a not -to -exceed amount of $45,000.00 for media buys (see below), to Contractor is hereby added through the approval of this Second Amendment for allowable COVID-19 expenses incurred during the period commencing March 1, 2020 through December 30, 2020. Words S&Hek T#Ough are deleted, Words Underlined are added Page I of 2 Second Amendment to Agreement # 19-7537 Packet Pg. 1232 16.D.9.a w Exhibit A-1-Scope of Services (First Amendment) 4. Media Buys Media broadcasting associated with funding received under the AMOUNT: $45,000 (not -to -exceed) CARES Act, 3. All other terms and conditions under this Agreement shall remain the same. IN WITNESS WHEREOF, the parties have executed this Second Amendment on the date and year first written above by an authorized person or agent. Arl'EST: Crystal K. Kinzel, Clerk of Court & Comptroller By: Datcd: (SEAL) Contractor's Witnesses: Fir t Witness fi rlq,6clgLV L. URL TTyp print witiiess et l,Second Witness TType/print witness name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Burt L. Saunders, Chairman CONTRACTOR: QUEST CORPORATION OF AMERICA, INC. By: Si ature lc-117e- &e4n,-,PV,AS/S K V�/ TType/print signature a d titleT v/e/zz) Date Approved as to Fonn and Legality: Scott R. Teach, Deputy County Attorney Words Struek Throare deleted; Words Underlined are added Page 2 of'2 Second Amendment to Agreement # 19-7537 �J 0 0 0 r- m E c a� Q c 0 0 a) to r m C� c m E U R w r Q Packet Pg. 1233 16.D.9.b FIXED FEE PROFESSIONAL SERVICE AGREEMENT ## 19-7537 for Affordable Housing Marketing Outreach Campaign THIS AGREEMENT, made and entered into on this S± day of � 20A, by and between Quest Corporation of America, Inc. , authorized to do business in the State of Florida, whose business address is 17200 Camelot Ct., Land O' Lakes, FL 34638 , (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 period, commencing 0 upon the date of Board approval 011 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 0 Purchase Order ❑ et+se-to prosead. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of 0 Request for Proposal (RFP) ❑nvwtatinn 4T.B) ❑ Other # 19-7537 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑i 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.1) U L 0 �a U a 0 a L 0 U N a� c� ti M LO ti CD a� E U r r Q Packet Pg. 1234 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): AIM - - - - - - • • - •• • •- es • - • •.-• 9 • c m• [Q 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. Di 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) r 0 U E a 0 a 0 U a� c� ti M LO r C E t 0 r r Q Packet Pg. 1235 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. VI ME WWI NO a M Me '! M. e M = ��� M.— - N _ •__ 221 =- 1212 - 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.l ) Packet Pg.�1236 rl eril 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: Quest Corporation of America, Inc. Address: 17220 Camelot Ct. Land O' Lakes, Florida 34638 Authorized Agent: Attention Name & Title: Diane Hackney, Assistant Vice President Telephone: (866) 662-6- 3 E-Mail(s): Corporate@QCAusa.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: Kristi Sonntag Division Name: Community and Human Services Division Address: 3339 East Tamiami Trail, Suite 211 Naples, Florida 34112 Administrative Agent/PM: Hilary Halford, Senior Grant & Housing Coordinator Telephone: (239) 252-2670 E-Mail(s): Hilary.Halford@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) Packet Pg. 1237 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 o as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: L r A. rm_� Commercial General Liability: Coverage shall have minimum limits of 0 $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 E Contractual Liability. o coverage sba 7ava YiHiYum IiVA Of O B. ❑ Busing" AYte t1L U - dily injury Liability $ Per OccurrenGe, Combined Single Limit for 130 N ...,rl Or.,r,orfii rl�m�rra_.I_LaFiility Thie ch�11 inch l.I�- - — Q ngd Vehicles, Hired and Non_ � of ti M C. 0 Workers' Compensation: Insurance covering all employees meeting LO Statutory Limits in compliance with the applicable state and federal laws. aD E M Page 5 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) r r Q Packet Pg. 1238 The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. f-M-1 Professional Liabilitv: 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. Fm-] Cyber Liabilitv: Coverage shall have minimum limits of $1,000,000 per aD occurrence. E ❑Omission Tachnploqv Errors aPAo m ro ra El> OGGUrrenGg- o L Q Q H ❑ Dni 0 C O 9GGUrrenGR- R ❑ Coverer � E E 0 Per -overage shall have 1=rninim-um-limits of 00 ❑ 0 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 L Insurance Certificate for Commercial General Liability where required. This o 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 o maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance U provisions. Renewal certificates shall be sent to the County thirty (30) days prior to N 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 M manner, within twenty-four (24) hours after receipt, of any notices of expiration, Pr 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. E Page 6 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) r r Q Packet Pg. 1239 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 c U Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, cY but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting r 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 E 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 o other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. Cn �o This section does not pertain to any incident arising from the sole negligence of o Collier County. CL 13.1 The duty to defend under this Article 13 is independent and separate from the 0 duty to indemnify, and the duty to defend exists regardless of any ultimate liability of o 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 0 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. o M 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on r behalf of the County by the Community &Human Services Division L 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest r c 0 and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further L represents that no persons having any such interest shall be employed to perform a those services. o 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the a 0 following component parts, all of which are as fully a part of the Agreement as if N herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), R Exhibit A Scope of Services, Exhibit B Fee Schedule, R RFP/ ❑ q&❑ # 19-7537 including Exhibits, Attachments and Addenda/Addendum,LO M ❑ Sk#I�S®fit q u Gt@6, and ❑ _ r C E Page 7 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) t V r r Q Packet Pg. 1240 17. APPLICABILITY. Sections corresponding to any checked box (M) 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) Packet Pg. 1241 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 r the discretion of the successful Contractor. o U 22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or M otherwise unenforceable, in whole or in part, the remaining portion of this Agreement a) shall remain in effect. a 0 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and ° U r 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 aLO M 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 0 Fixed Price Professional Service Agreement #2017-001 (Ver.2) r r Q Packet Pg. 1242 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. 0 KEY PERSONNEL, The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. At n their areas; of expertise-, T-14e 11film;ZRd for this Agreement shall be knn%ledgeable i col inty reserves the right to perform investigations as may be deampad Aec;essary to ensure that Gompetent persons Will ! -. . the .-.• a=•__ of th@,k9;eawAPt- Thg c • • •• . • of time adequate tG meet F09611irREd SAKViGes. 27. Fil 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 •••and/or - County's i•. • approvedExecutiveContract the Documentsprecedence. J • • ■ • u _ • • • • • _ _ • _ • _ ^ _ • • u••• •eterms... any . •_ -- -- _ --- _ - - - - - Go ndlffitinns; shall take prenadenne Wer the Agreement To the extent any conflint in the terms of the Gontr;; nor'l Ime n2nnnt be resolve by application of t#e Supplemental Gonditiaps, if any, or the Agreement, the nonflic;t shall be rasolved by Page of 15 Fixed Price Professional 00 Packet Pg. 2243 iAO Gon#act-DoGuments-upon t#e Qo +en- 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 M 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. 0 U R v •L (Intentionally left blank -signature page to follow) E a 0 a L 0 U r m 3 Cl ti M LO r C E Page 11 of 15 0 Fixed Price Professional Service Agreement #2017-001 (Ver.2) r r Q Packet Pg. 1244 16.D.9.b IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written. above by an authorized person or agent. ATTEST �� :fi'. 13 qt� BOARD OF CO TY COMMISSIONERS >-; COLLIER CO Y, Fl A r C� .o'nk 9, e erk `a Courts & Crystai&Comp�ro'Yler.,.»i Dated: (SW 01s-to-Chairman's Contragogul'U*sses: 5 'ff ontractor's Fi st Witness Type/print witness nameT �COntractor's S8cond Witness TTvae/print witness nameT By. WiljfAm L. McDaniel Jr. , Chairman Quest Corporation of America, Inc. Contractor S� ���dL By:(- 7 Signature , ,gyp , She�rle n-e Lc.\ r , C -e\I , c> TType/print signature and tifleT U L 0 as to Fo a Legality: L E ,County torney a 0 din`0 U N d 7 Lai ti • M LO ti tD C d Page 12 of 15 Fixed Price Professional Service Agreement 112017-001 (Ver.2) v r Q Packet Pg. 1245 Exhibit A Scope of Services 0 following this page (pages 1 through z ) ❑ this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement 42017-001 (Ver.2) L y.i C 0 V V �L E a 0 a L 0 V d /may V ti M LO Pr C1 �.i C d E t 0 r Q Packet Pg. 1246 #19-7537 "Marketing and Outreach Campaign and Implementation Services" EXHIBIT A -SCOPE OF SERVICES The following outlines the steps and actions needed to properly focus and disseminate the affordable housing message throughout the County. The Contractor/Consultant shall develop a twelve (12)-month full -service Marketing and Outreach Campaign to include but not limited to: 1. Create a new web site, in both English and Spanish, separate from the County's which focuses solely on housing (Minimum 1). A. It should be interactive with the following: a. Renters side should provide: i. Current rental inventory map that highlights units considered affordable including rental rates. ii. Contact information for various affordable housing developments. iii. Affordability/household income calculator. b. Home Buyers side should provide: i. List of developments with affordable incentives and necessary information on each development and incentive qualification criteria. ii. Calculator for user to determine household income, buying power, and to illustrate where they fit within the Area Median Income (AMI) strata of the area. iii. Provide household demographic forms needed for income certification along with the instructions on how to obtain an income qualification certificate recognized in the local market. iv. Website should interface with Neighborly Software for statistical and information tracking. B. The website should be designed ADA compliant with all necessary adaptations and with consideration to inhouse editing and updating. C. E-Mail information campaign. 2. A print campaign, in both English and Spanish, which could include, but not limited to, a combination of the following (Minimum 1): A. Scheduled educational/informative Opinion (OP)/Editorial (ED) pieces in the Naples Daily News. B. Additional OWED pieces to address controversy as the issues arise. C. Regular BCC educational memos on various housing affordability topics. D. Produce Feature Articles (human interest stories) which promote affordable housing. E. Other print material suggestions are welcomed. 3. A radio/television/social media campaign, in both English and Spanish, to include but not limited to (Minimum 1): A. Collier TV spots B. Public Service Announcements to be shown on local Television. C. Contribute articles to the Collier County Facebook Page and submit Twitter calls D. Schedule and orchestrate community forums which provide opportunities for positive affordable housing conversations among all Collier County residents. Page 1 of 2 Exhibit A -Scope of Services ea 0 0 L (D a 0 a 0 c.� d 3 CJ ti M LO a) d s 0 0 a Packet Pg. 1247 4. Develop a 20-year anniversary Community & Human Services commemorative bound print piece, in both English and Spanish, that will highlight the history to include but not limited to the following (Minimum 1): A. How the various programs came into being. B. How many have been served over the years in each program. C. Breakdown of fund expenditures over the years. D. Highlight affordable housing developments created within Collier County using the various funds. **An example of the type of finished product being sought will be available at the Pre -Proposal Meeting. 5. Prepare press releases as needed and coordinate with the Public Information Office (PIO) as required (Minimum 1). 6. Cost of producing Broadcasting PSA (Public Service Announcement) Spots (Minimum I). r C d E t t� r Page 2 of 2 a Exhibit A -Scope of Services Packet Pg. 1248 Exhibit B Fee Schedule following this page (pages 1 through Page 14 of 15 Fixed Price Professional Service Agreement #2017-001 (Ver.2) L y.i C 0 V V �L E a 0 a L 0 V d /may V ti M LO Pr C1 �.i C d E t 0 r Q Packet Pg. 1249 CA() #19-7537 _ Exhibit B- Fee Schedule Quest Corporation of America 1. A new web site, in both English and Spanish, separate from the County's which focuses solely on housing. A. It should be interactive with the following: a. Renters side should provide: L Current rental inventory map that highlights units considered affordable including rental rates. ii, Contact information'For various affordable housing developments. iii. Affordability/household income calculator. b. Home Buyers side should provide: i. List of developments with affordable incentives and necessary information on each development and incentivequalification criteria. $ 35.00 hour ii. Calculator for user to determine household income, buying power, and to illustrate where they fit within the Area Median Income (Abf1) strata of the area, iii. Provide household demographic forms needed for income certification along with the instructions on how to obtain an income qualification certificate recognized in the local market, iv. Website should interface with Neighborly Software for statistical and information tracking. B. The website should be designed ADA compliant with all necessary adaptations and with consideration to in house editing and updating. C. E-Mail information campaign 2. A print campaign, in both English and Spanish, which could include, but not limited to, a combination of the following: A. Scheduled educational/informative Opinion (OP)/Editorial (ED) pieces in the Naples Daily News. B. Additional OWED pieces to address controversy as the issues arise. $ 35.00 J hour C. Regular BCC educational memos on various housing affordability topics. D. Produce Feature Articles (human interest stories) which promote affordable housing. E. Other tint material suggestions are welcomed. 3, A radio/television/social media campaign, in both English and Spanish, to include but not limited to: A. Collier TV spots 13, Public Service Announcements to be shown on local Television. $ 85.00 / hour C. Contribute articles to the Collier County Facebook Page and submit Twitter calls D. Schedule and orchestrate community forums which provide opportunities for positive affordable housing conversations anlong all Collier County residents. 4. Develop a 20-year anniversary Community & Human Services commemorative bound print piece, in both English and Spanish, 13 x 11, 50# gloss text, 80 that will highlight the history to include but not limited to the following: pages (40 sheets), perfect bound cover, full color, full A, How the various programs carve into being. bleed Qty: B. I -low many have been served over the years in each program. *Est Price 500 - $ 5,869.00 C. Breakdown of fund expenditures over the years. 1,000 - $ 11,738.00 D. Highlight affordable housing developments created within Collier County using the various fluids, 5,000 - $ 37,890.00 10,000 - $ 75,750.00 **An example of the type of finished product being sought will be available at the Pre -Proposal Meeting. *This line item will be billed at actual cost. 5. Prepare press releases as needed and coordinate with the Public Information Office (PTO) as required. $ 85.00 / hour —_ 6. Cost of producing Broadcasting PSA (Public Service Announcement) Spots $ 85.00 / hour 7'Ite Conti actor'shall.prgViile for aPPy oval the county'ti Cfintr aut Adminstrati' 'A'.. not to exceed =' ggote pt ior. to conmteucing;airy of the seYyt4es above, v i C O ci O t� �L d E a O Q L O V N d 3 CJ ti M L0 C1 �.i C d E t 0 O r a Packet Pg. 1250 Other Exhibit/Attachment Description: ❑ following this page (pages through _) d E ❑i this exhibit is not applicable E a c 0 m rn m 0 L CL Q 0 C 0 C 4) E E 0 V 4) W to 0 00 M T- t� L y.i C 0 V V �L 4) E a 0 a L 0 V d /may V ti M 01 r C d E M Page 15 of 15 cc cc Fixed Price Professional Service Agreement #2017-001 (Ver.2) Q Packet Pg. n1251 A� V CERTIFICATE OF LIABILITY INSURANCE DA(MM/DD/2719 8/27/2019 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(les) 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 endorsement(s). PRODUCER The Turner Insurance Advisor Group, Inc. CONT N ME: Arthur Sprague PHONE (727)442-0012 (FAX,.No: (727)449-9147 nDDRESs:skip@turnergroupfla.com 2121 N.E. Coachman Rd. INSURERS AFFORDING COVERAGE NAIC I/ INSURER A:De ositors Insurance Company 42587 Clearwater FL 33765-2616 INSURED Quest Corporation of America, Inc. INSURERS: Nationwide INSURERC:Allied Property 6 Casualty Insurance Cc 42579 INSURER D: Travelers Indemnity Company of America 25666 17220 Camelot Court INSURER E I Landmark American Insurance Com an 1 INSURER F:Travelers Casualtv and Suret r,e 11—tt ►u,aa000. Land 01 Lakes FL 34638-7202 _ ---' '--_ UUVCKAUr_0 vcn,It—. - ,.vm. '------------- THIS IS TO CERTIFY THATTHE 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 AODL 5 BR POLICYNUMBER POLICY EFF MM/DD YYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FOOCCUR contractual liability X ACPGLD03018791925 7/5/2019 7/5/2020 EACH OCCURRENCE $ 1,000,000 DAMA ET R NTED PREMISES Ea occurrence 100,000 $ _ MED EXP(Any One Person) $ 5,000 x PERSONAL & ADV INJURY S 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY ❑ PRO- ❑ LOC X JECT PRODUCTS-COMP/OPAGG $ 2,000,000 Multi Product Discount $ OTHER: AUTOMOBILE LIABILITY Ecc O acideD SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ B X ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED HIREOAUTOS AUTOS ACPBAZ301e791925 7/5/2019 7/5/2020 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Uninsured motorist combined single $ 1,000,000 X UMBRELLALIAB OCCUR EACH OCCURRENCE $ _,,,2,OI)0 000 AGGREGATE $ 2,000,000 C EXCESS LIAR HCLAIMS-MADE ACPCKP3018791925 7/5/2019 7/5/2020 _,_ _ PER OT - STATUTEER S__ DED RETENTION S WORKERS COMPENSATION E.L. EACH ACCIDENT $ 1,000,000 AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTNE E.L. DISEASE- FA EMPLOYEE $ 1,000,000 D OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) if yes, describe under DESCRIPTION OF OPERATIONS below NIA UBiL3706101842 7/5/2019 7/5/2020 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E F Professional Liability Cyber Liabilty LHR770698 106643444 7/5/2019 12/13/2018 7/5/2020 12/13/2019 Aggregate&Each Claim $2,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Collier County Hoard of County Commissioners, OR, Hoard of County Commissioners in Collier County, OR, Collier County Government, OR, Collier County are additional insureds as per the commercial general liability and commercial auto policies wording with a written contract. Insurance is primary and non-contributory. Gt11111"IGAiC Collier County Hoard of County Commissioners 3295 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Turner/SKIP ACORD 25 (2014101) INS026 (2oucti) The ACORD name and logo are registered marks of ACORD Packet Pg. 1252 16.D.9.c FIRST AMENDMENT TO AGREEMENT #19-7537 FOR AFFORDABLE HOUSING MARKETING OUTREACH CAMPAIGN THIS AMENDMENT, made and entered into on this ki e), by and between Quest Corporation of America, Inc. (the "Contractor") and C llier County, a political subdivision of the State of Florida, (the "County": WHEREAS, on October 8, 2019 (Agenda Item 16.D.4), the County entered into an Agreement with Contractor for the marketing, public relations, and communication plan for housing affordability; and WHEREAS, on June 23, 2020 (Agenda Item 11.13), the County approved entering into a Coronavirus Relief Act funding agreement with the Florida Department of Emergency Management. WHEREAS, the parties desire to amend the Agreement to: (1) include expanded services for the media campaign, to include advertising, for the implementation for Federal CARES funding received by Collier County; (2) increase the contract value of this Agreement by $80,000 for this added service; and (3) inclusion of Federal Provisions and Certifications (CFDA 21.019-CARES ACT). NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. Exhibit A-1 Scope of Services is hereby incorporated into the Agreement outlining the scope of services to be performed under this First Amendment. 2. Exhibit C- Federal Provisions and Certifications is hereby incorporated into the Agreement. 3. All fees charged for services performed under Exhibit A-1 shall be in accordance with the fees outlined in Exhibit B-Fee Schedule. 4. All other terms and conditions under this Agreement shall remain the same. Words Struelr. T#r are deleted; Words Underlined are added [Signature Page to Follow] Page 1 of 4 ,CA ; Q First Amendment to Agreement # 19-7537 L— Packet Pg. 1253 16.D.9.c IN WITNESS WHEREOF, the parties have executed this First Amendment on the date and year first written above by an authorized person or agent. ATTEST: Crystal K. Kinzel, Clerk of Court & BOARD OF COUNTY COMMISSIONERS Comptroller COLLIER COUNTY, FLORIDA IeA B Q Y: Dated, i (SEAS,) Aftist airman's Contractor's 'Witnesses: first Witness j AJg6E'kq TType/print wrtne nameT Second Witness TType/print witness nameT Approved in absentia per Resolution 2000-149 on By: �. Leo E. Ochs, Jr., Co��96Xanager Burt L. Saunders, Chairman CONTRACTOR: QUEST CORPORATION OF AMERICA, INC. By: i Si nature 31an-c /W/7t' TType/print signature d titleT Date pprov to of an Legali Deputy County (Atttorneyy `_,LIt a* Q. e—k Print Name [Exhibit A-1 Scope of Services to follow this page] Page 2 of 4 First Amendment to Agreement # 19-7537 c Packet Pg. 1254 16.D.9.c #19-7537 "Marketing and Outreach Campaign and Implementation Services" Exhibit A-1— SCOPE OF SERVICES (FIRST AMENDMENT) The Community and Human Services Division is requesting the following actions be added to the current scope for the above referenced contract. This amendment to the scope of service is to cover the cost to develop content. 1. Add to the website a disaster tab for disaster information. All additional information should be in both English and Spanish and ADA compliant. It should include the following information: A. COVID-19 information would be posted such as General COVID-19 information and any relevant links to partner pages B. Types of assistance available (Rental/mortgage assistance, COVID testing, any other to be determined assistance that is approved by the Board of County Commissioners for distribution) C. Links to services, application portals, and any necessary partner information. Hourly Rate (Time and Material Not -to Exceed) I $85/hr 2. Additional print campaign in both English and Spanish to include, but not limited to, a combination of the following: A. Educational/information pieces (such as advertisements not editorials) placed in the local newspapers of general circulation. Topics to include, but not limited to: a. Safety procedures to reduce risk of contracting COVID-19 (i.e. social distancing, wearing masks, washing hands, staying home, etc.). b. Where to get tested, why testing is important, different types of testing and other medical resources. c. What to do if you test positive information. d. Where to find various types of assistance (e.g., rental/mortgage, health care, etc.). B. Billboard campaign to provide public service information. Topics to include, but not limited to: a. Safety procedures to reduce risks b. Where to be tested, why testing is important, types of testing, etc. c. What to do if you test positive. d. Where to find assistance. Hourly Rate (Time and Material Not -to Exceed) I$85/hr 3. Radio/ Television/ Social media Campaign in both English and Spanish to include, but not limited to: A. Collier TV Public Service Announcement spots B. Local TV Public Service Announcement spots C. Radio Public Service Announcement spots D. Public Service Announcements through the major social media outlets such as Facebook, Twitter, Instragram, Nextdoor, etc. Hourly Rate (Time and Material Not -to Exceed) $85/hr Page 3 of 4 a First Amendment to Agreement # 19-7537 C O Packet Pg. 1255 16.D.9.c EXHIBIT C FEDERAL PROVISIONS AND CERTIFICATIONS (CFDA 21.019-CARES ACT) CONTAINING 5 PAGES, FOLLOWING THIS PAGE Page 4 of 4 First Amendment to Agreement # 19-7537 r c a� E U Q (CA Packet Pg. 1256 16.D.9.c FEDERAL PROVISIONS AND CERTIFICATIONS CFDA 21.019 — CARES ACT The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other r specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that r the United States Department of the Treasury financial assistance through the State of Florida, Division of Emergency Management under the CARES Act, r_ section 601(d) of the Social Security Act will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, 0 regulations, executive orders, CARES Act policies, procedures, and directives. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the y definition of CONTRACTOR is an entity that receives a Contract I Purchase Order. aD 3 Termination: See Standard Purchase Order and/or Contract Terms and Conditions C0 0 r Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is 0required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded E (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt.180, subpart C and 2 C.F.R. -0 pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification ari is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt.180, subpart C and E Q 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to 0 include a provision requiring such compliance in its lower tier covered transactions, Contractors placed on the State of Florida convicted vendor list following a conviction for a public entity crime or on the State of Florida discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the o construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform a work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in a R excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 0 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take o all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. CU (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business E enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and E 0 women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Contractors may seek opportunities with minority businesses, women's business enterprises, and labor surplus area firms using the Dynamic Small Business Search tool: htto://dsbs.sba.gov/dsbs/search/dsp dsbs.cfm c Rights to Inventions Made Under a Contract or Agreement (37 CFR § 401.2): Not applicable. 00 77 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) ($100,000 or more): Contractors who apply or bid for an award of $100,000 or more y shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an x employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded >, from tier to tier up to the recipient.' S U_ Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.1251-1387) ($150,000 or more), as amended Contractor a agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water 0 Pollution Control Act as amended (33 U.S,C.1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency N (EPA). Procurement of Recovered Materials (§200.322) (Materials Over $10,000): ($10,000 or more): 1, In the performance of this contract, the Contractor shall CYI make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable c 0 price. 2. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable Q requirements of Section 6002 of the Solid Waste Disposal Act.' I,- Cl) Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and LO ti other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. a� E R Page 1 of 5 Q T Packet Pg. 1257 16.D.9.c FEDERAL PROVISIONS AND CERTIFICATIONS CFDA 21.019 — CARES ACT COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ame L J S 1 S 1 �7 i0'e r�S�CFPr� Title I A iyo iy3�Vy DUNS Number JY - 33318 6 Tax ID Number CC%- / 7 0Alz ieV /'-a �eS Street Adgess, City, State, Zip re 3yG 3e c a� E c� Page 2 of 5 Q Packet Pg. 1258 16.D.9.c FEDERAL PROVISIONS AND CERTIFICATIONS CFDA 21.019 — CARES ACT COLLIER COUNTY Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, 61 PS� (01 � .► c-qb 0 +� , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and dare, if any. Signature of Contractor's Authorized Official 4)-,iv Name of Authorized Official and Title Date Page 3 of 5 Q "F Packet Pg. 1259 16.D.9.c FEDERAL PROVISIONS AND CERTIFICATIONS CFDA 21.019 — CARES ACT COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT will be verified. Um:erifable statuses will require the PRIME to either provvde a reoised statement or provide source documentation that validates a A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT Lrrdc o/� �H33` tyv 30Do IS THE PRIME A F1 DA{ER FIED DISADVANTAGED, VETERAN y IS THE ACTIVITY OF THIS CONTRACT._ MINORITYORWOMENBUSINESSENTERPRISE? DBE? Y N CONSTRUCTION? Y (DBE/MBE/Yi BE) OR HAVE A SMALL DISADVANTAGED BUSINESS SACERTIFICATION FROM THE5t.1ALLBUSINESS MBE? Y N CONSULTATION? C, �N ADMINISTRATION? A SERVICE DISABLED VETERAN? VVBE? N OTHER? Y ED SDB BA? Y 15 THiSSUB1AISS!ON A REVISION?, Y N IF YES, REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I ETHNicrry CODE I SUB/SUPPLIER PERCENT OF CONTRACT V"FRAi I NAME SPECIALTY (see Below) DOLLAR AMOUNT I DOLLARS TOTAL C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME F SUBMfTTER D TE TIRE OF SUBMfTTER ►�t n �. ctC )) G EMAIL ADDRESS OF PRIME (SUBMITTER) �) /TELEPHONE NUMBER �J ? FAX NUMBER L)�/ NOTE: This information is used to track and report anticipated DBE or MBE participation in federally -funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. ETHNICITY CODE Black American BA Hispanic American HA Native American NA Subcont. Asian American SAA Asian -Pacific American APA Non -Minority Women other: not of any other group listed O D. SECTION TO BE COMPLETED BY COLLIER COUNTY I I_ DEPARTI.IENTNAME I COLLIER CONTRACTnIIFF11RFPorPOIREO'i GRANfPROGRAM/CONTRACT I ACCEPTED BY: I DATE 1 Page 4 of 5 Packet Pg. 1260 16.D.9.c FEDERAL PROVISIONS AND CERTIFICATIONS CFDA 21.019 — CARES ACT CGLLIER COUNTY GRANT CC APLI,%NCE FORM PID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES z rs rre po,ic-,, of comer Lounryarer msaavonrcgea nusinesses ana m nonry senors, as aeprea in rre core of Feaerai Regurmlons (cFR) or Fiorida Statutes (FS), must have the opportunity to porticipate on contracts with fedemf and/or state grant assistoace. Prime Contractor/Prime Consultant: ( 1)G P7(l C O 1"/ Address and Phone Number: ( )T {"1 1 Procurement Number/Advertisement Number: The list below is intended to be a listing of firms that are, or attempting to, participate on the project numbered abase. The list must indude the firm bidding or quoting as prime, as well as subs and suppliers quoting For participation. Prime contractors and consultants must provide information for Numbers 1, 2, 3, and 4; and, should provide any information they have for Numbers 5, 6, 7, and B. This form must be submitted with the bid package. 1. Federal Tax ID Number. ' �33�r 6. R DBE D. Annual Gross Receipts 2. Firm Name: Non-DBE Less than $ 1 million 3. Phone Number: -:03 Between $ 1-5 million 4. Address p - -- Between $ 5-10 million /1Lad b Le, rkr� 7 Subcomractor Between $10-15million Subconsuftant More than $ 15 million 5. Year FirmE5tablished: 1. Federal Tax ID Number: 6.1 1 DBE B. Annual Gross Receipts 2. Firm Name: III —Ili Non -DBE Less than $ 1 million 3. Phone number: Between $ 1-5 million 4. Address Between $ 5-10 million 7. Between $ 10-15 million 8Subcontractor Subconsultant More than $ 15 million 5. Year Firm Established: 1. Federal Tax ID Number: 1�1 6.1 I DBE D. Annual Gross Receipts 2. Firm Name: ILF----ill Non -DBE Less than $ 1 million 3. Phone Number: Between $ 1-5 million 4. Address Between $ 5-10 million 7.8 Subcontractor Between $ 10-15 million Subconsultant More than $ 15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. DBE D. Annual Gross Receipts 2. Firm Name: B Non -DBE Less than $ 1 million 3. Phone Number: Between $ 1-5 million 4. Address Between $ 5-SD million 11----rr 7. 1 1 Subcontractor Between $ 10-15 million 11u—II Subconsultant More than $ 15 mil lion 5. Year Firm Established: Page 5 of 5 Packet Pg. 1261