#22-8042 (DiaMonde e.K) FIXED FEE PROFESSIONAL SERVICE AGREEMENT
# 22-7980
for
Tourism International Representation - Germany Market
THIS AGREEMENT, made and entered into on this ('i' day of 1M°Ii-ch , 2023 ,
by and between DiaMonde e.K., a registered company in Germany
Registration No. HRA 722594 Stuttgart ,whose business address is
Bubenhaldenstr. 53 70469 Stuttgart, Baden-Wuerttemberq, Germany
(the "Contractor") and Collier County, a political subdivision of the State of Florida, (the
"County"):
WITNESS ETH:
1. The Agreement shall be for a one ( 1 ) year period, commencing ❑
upon the date of Board approval; er ❑ on , and
terminating one ( 1 ) year(s) from that date or until all outstanding
Purchase Order(s) issued prior to the expiration of the Agreement period have
been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew
the Agreement under all of the terms and conditions contained in this Agreement
for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall
give the Contractor written notice of the County's intention to renew the
Agreement term prior to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the
Agreement under all of the terms and conditions contained in this Agreement for
up to one hundred and eighty (180) days. The County Manager, or his designee,
shall give the Contractor written notice of the County's intention to extend the
Agreement term prior to the end of the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work
upon issuance of a ❑■ Purchase Order ❑ Notice to Proceed ❑ Werk•-O def.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance
with the terms and conditions of ❑■ Request for Proposal (RFP) ❑ atioi to
BBB-) ❑ Other
# 22-7980 , including all Attachment(s), Exhibit(s) and Addenda and the
Contractor's proposal referred to herein and made an integral part of this
Agreement.
0 The Contractor shall also provide services in accordance with Exhibit A —
Scope of Services attached hereto.
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Fixed Price Professional Service Agreement 2022_Ver.3
°90
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):
n Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks
are transferred from the County to the contractor; and, as a business practice there
are no hourly or material invoices presented, rather, the contractor must perform
to the satisfaction of the County's project manager before payment for the fixed
price contract is authorized.
❑■ Time and Materials: The County agrees to pay the contractor for the amount
of labor time spent by the contractor's employees and subcontractors to perform
the work (number of hours times hourly rate), and for materials and equipment
used in the project (cost of materials plus the contractor's markup). This
methodology is generally used in projects in which it is not possible to accurately
estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these
contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and not company (or subcontractor)
timekeeping or payroll records), material or equipment invoices, and other
reimbursable documentation for the project.
costs, including labor, materials, equipment, ovcrh ad, etc.)for a repetitive product
received (no contractor inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
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Fixed Price Professional Service Agreement 2022_Ver.3
$SAC.
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 "'aches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County,
shall have the right to conduct an audit of Contractor's books and records to verify
the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Payment Application, Change Order, or Work Directive
Change.
45 ❑
Expenses must be approved in advance in writing by the County. Travel expenses
ection 112.061 Fla. Stats.
Mileage $9-44-per-mile
Breakfast $6-00
Lunch $11.00
girl-Ref $19.00
Airfare
Glass-fa-Fe
Rental-ea
standard size vehicles
Leg
rate with a cap of no more than $150.00 per
nigl4t
Parking Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
Reimbursable items other than travel expenses shall be limited to the following:
receipts. Contractor shall be responsible for all other costs and expenses
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work. Collier County, Florida as a political subdivision of the
State of Florida, is exempt from the payment of Florida sales tax to its vendors
under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C.
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Fixed Price Professional Service Agreement 2022_Ver.3
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: DiaMonde e.K.
Address: Bubenhaldenstr. 53
70469 Stuttgart, Germany
Authorized Agent: Natasa Manic, Owner/Founder
Attention Name & Title:
Telephone: +49 711 91257610
E-Mail(s): www.diamonde.de
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 Name: Tourism
Division Director: Paul Beirnes
Address: 266 N. Horseshoe Drive, Suite 105
Naples, Florida 34104
Administrative Agent/PM: Paul Beirnes
Telephone: (239) 252-4040
E-Mail(s): Paul.Beirnes@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.
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Fixed Price Professional Service Agreement 2022_Ver.3
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 or any other class protected by
federal or Florida law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. 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. The General Aggregate Limit shall be
endorsed to apply per project. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
B., ❑
$ Per Occurrence, Combined Single Limit for Bodily Injury Liability
and Property Damage Liability. This shall include: Owned Vchicics, Hired and
Non Owned Vehicles and E
C. ❑� Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
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Fixed Price Professional Service Agreement 2022_Ver.3 CAC'
The coverage must include Employers' Liability with a minimum limit of
$500,000 for each accident.
D. ❑■ 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.
❑ Cybcr Liabilityj Coverage shall have minimum limits of $
per occurrence.
F- ❑ .
of$ per occurrence.
6- ❑
occurrence.
l4, n ,
be maintained where applicable to the completion of the work $
per occurrence.
+- ❑
$ per occurrence.
'minimum limits of$ per occurrence.
minimum limits of$ per occurrence.
Special Requirements: Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR, Collier County
Government shall be listed as the Certificate Holder and included as an
"Additional Insured" on the Insurance Certificate for Commercial General
Liability where required. This insurance shall be primary and non-contributory with
respect to any other insurance maintained by, or available for the benefit of, the
Additional Insured and the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor
shall provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County thirty (30) days prior
to any expiration date. Coverage afforded under the policies will not be canceled
or allowed to expire until the greater of: thirty (30) days prior written notice, or in
accordance with policy provisions. Contractor shall also notify County, in a like
manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverage or limits received by
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Fixed Price Professional Service Agreement 2022_Ver.3 ?�
Contractor from its insurer, and nothing contained herein shall relieve Contractor
of this requirement to provide notice.
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), n Exhibit
A Scope of Services, Exhibit B Fee Schedule, ❑■ RFP/ [ U
Other ( } #22-7980
including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes,
and El Other Exhibit/Attachment: Exhibit C: Resolution 2006-40
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Fixed Price Professional Service Agreement 2022_Ver.3 C+NC
17. APPLICABILITY. Sections corresponding to any checked box (• ) 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, as well as the requirements set forth in Florida Statue,
§448.095; 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, if applicable, 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:
Division of Communications, Government and Public Affairs
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest( colliercountvfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
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Fixed Price Professional Service Agreement 2022_Ver.3
CSC
1. Keep and maintain public records required by the public agency to
perform the service.
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
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Fixed Price Professional Service Agreement 2022_Ver.3 �.
(c .
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before
an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. 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. ❑
this project shall be knowledgeable in their areas of expertise. The County reserves
.teary to complete the services on a
•
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
❑■ 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. • 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.
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Fixed Price Professional Service Agreement 2022_Ver.3 r �'
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)
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Fixed Price Professional Service Agreement 2022_Ver.3
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have
executed this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Cierlcof the Circuit
Court anq Comptroller. -,
(-7- •
By I rh'��!�� I . By:
Rick LoCastro , Chairman
Dated: aYc. i :- 1" Atj
(SE L)' est as to alrm• 's
signature only
Contractor's -Witnesses:
DiaMonde e.K.
/ Contractor r By: 1 CL t r
Con c o First Witness Signature
i F-i-6- 4 icy i INN E.Q.
I.z e T Type/print signature and titleT
TType/print wi ess eT
Contractor' Second Witness
?a,uuk. 1 s cC, ex-
tType/print witness nameT
Approved as to Form and Legality:
oun A ameba_
rint Name ��
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Fixed Priee Professional Service Agreement 2022 Ver.3
0
Exhibit A
Scope of Services
• following this page (containing 2 page/s)
❑ this exhibit is not applicable •
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Fixed Price Professional Service Agreement 2022_Ver.3
Request for Proposal (RFP) #22-7980
"Tourism International Representation—Germany Market"
EXHIBIT A
SCOPE OF SERVICES
BACKGROUND
The Naples, Marco Island, Everglades Convention and Visitors Bureau ("CVB") is the official destination
marketing organization for Collier County. The County covers a large geographic area and has a diversified
tourism product that includes beaches, shopping, Sports and Eco-tourism and convention opportunities. For more
background information on the Naples, Marco Island, Everglades Convention & Visitors Bureau please visit
www.oaradisecoast.com.
DETAILED SCOPE OF WORK
Full-time representation services with an experienced International Tourism Representation firm for the Germany
market.
Services Required:
I. Develop an annual destination marketing plan that is implemented monthly for all services covered
under the agreement.
2. Coordination of Public Relations efforts with in-country media.
3. Manage social media services related to in-country communications with trade, media and consumers.
4. Provide a dedicated phone, fax and e-mail address for the Naples, Marco Island, Everglades CVB.
5. Translation services as needed or required.
6. Contract and maintain storage of promotion materials and distribution services as necessary.
7. Monthly reports will be submitted to the CVB by the 10th of the following month, outlining
activities per country with future activity projections and market overviews.
8. Travel Trade Activities: The following are travel trade marketing activities which the successful firm
will perform:
a. Participation in trade and consumer trade shows&events in country, surrounding areas and in
the US as necessary.
b. Regular communication and destination updates to tour operators,travel agents and media.
c. Organize, conduct, or participate in travel trade and media familiarization trips to and within
Southwest Florida.
d. Conduct travel trade training and sales calls to tour operators, airlines, and other related
organizations in-country and surrounding areas.
e. Assist the CVB and its U.S. based marketing partners and agencies with trade and consumer
promotions.
f. Assist with the International Tourism marketing promotions and advertising related activities to
maximize the CVB budget.
Page 1 of 2
Exhibit A—Scope of Services
Request for Proposal (RFP) #22-7980
"Tourism International Representation —Germany Market"
g. Fulfillment of inquiries for CVB publications/literature to trade& consumers via both Florida
based and in-country fulfillment facilities.
h. Pre-screen and forward travel trade and media leads to the CVB which result from above-
mentioned activities.
i. Develop and fulfill requests from media and organize and work with CVB in-house PR team on
familiarization trips for journalists.
j. Maintain close working relationships with Visit Florida, Brand USA and other tourism industry
associations, including Visit USA organizations.
k. Create and maintain an up-to-date country by country trade, media, and consumer database for
periodic distribution of destination information.
9. Pre-approved expenses related to the various services will be invoiced at cost monthly as follows:
a. Advertising, if necessary, will be billed at net cost (no markup) to the CVB's
advertising agency of record.
b. Travel expenses such as air, auto rental, hotels, entertainment, and meals will be billed to the
CVB at net cost. Air,train travel to be at lowest available coach fare.
c. Out of pocket expenses such as storage, printing, courier expenses, parking,phone, and fax
will be billed monthly at cost.
d. A monthly service fee will be invoiced each month to cover all representation services
including employee time and other related costs and all basic office operating expenses except
as indicate above as out-of-pocket expenses.
10. Representation services are desired to support the CVB's efforts to attract visitors to our area. The
CVB's brand is relatively new to the International Tourism market so the selected representation
company must maintain and build that brand awareness.
11. Objectives the successful representation companies will be asked to accomplish the following:
a. Increase average length of stay and repeat visitation from the assigned region.
b. Increase the number of hotel room nights from the assigned markets.
c. Grow the number of CVB partners listed in tour operator catalogs and online
programs in the assigned region.
d. Grow the number of visitors and their spending from the markets represented.
e. Grow the use of social media channels to interact with our destination.
12. Services requested from the successful vendor will be for sales, public relations, trade shows, travel
industry training, promotions, social media and other services required to showcase the tourism
attributes of the Naples, Marco Island, Everglades area of Florida.
Page 2 of 2
Exhibit A—Scope of Services
Exhibit B
Fee Schedule
following this page (pages through 2 )
Page 14 of 15
Fixed Price Professional Service Agreement 2022_Ver.3
Request for Proposal (RFP) #22-7980
"Tourism International Representation- Germany Market"
Exhibit B
FEE SCHEDULE
Pre-approved expenses related to the various services will be invoiced on a monthly basis as follows:
a. Advertising, if necessary, will be billed at net cost (no markup)to the CVB's advertising agency
of record.
b. Travel expenses such as air, auto rental, hotels and meals will be billed to the CVB at net cost.
Air, train travel to be at lowest available coach fare.
c. Out of pocket expenses such as storage, printing, courier expenses, parking, phone and fax
will be billed monthly at cost.
d. Service fee will be invoiced monthly to cover all employee time and other costs and all basic
office operating expenses except as indicated above as out-of-pocket expenses.
Additional expenditures must be authorized by the County by written Change Order to this Agreement
executed by the parties.
Description Fees
1 Flat Annual Fixed Price (paid monthly in $120,000 -Lump Sum
equal installments)
2 Reimbursable Expenses - Office $ included in the flat annual
fixed price above
3 Reimbursable Expenses — Travel $17,000 (T&M NTE)
4 Reimbursable Expenses - Registration $38,000 (T&M NTE)
5 Reimbursable Expenses - Miscellaneous $5,000 (T&M NTE)
6 Contractor's Event(s) $0 free of charge (FOC)
1. The Flat Annual Fixed Price for activities for the County shall be United States (U.S.) ten thousand
dollars ($10,000) per month, shall be billed monthly in advance by Contractor.
2. Administrative and office costs are included in the above mentioned the Flat Annual Fixed Price
including: cost of communication, stationery, daily postage and printing for the sales office. The Flat
Annual Fixed Price is agreed to at the exchange rate of €1 Euro = $1.02 U.S. Dollars. Should the
exchange rate fluctuate more than 10%, the Flat Annual Fixed Price will be renegotiated.
Page 1 of 2
Exhibit B-Fee Schedule
Request for Proposal (RFP) #22-7980
"Tourism International Representation- Germany Market"
3. The cost of travel and entertainment will be billed at net cost, with no mark-up, separately to the Flat
Annual Fixed Price in arrears, after approval by the CVB Executive Director or his designee at the then
current exchange rate on the date of invoice. The travel and additional expenses invoice will be
converted into U.S. dollars and paid in U.S. dollars. A per diem charge applies as follows:
Germany: €28 per day of travel
Netherlands: €47 per day of travel
Belgium: €42 per day of travel
Austria: €40 per day of travel
Switzerland: €64 per day of travel
Luxemburg: €47 per day of travel
France: €58 per day of travel
(Official German per diem rates for travel)
Mileage will be reimbursed at a rate of U.S. $ 0.625 per mile. Sales agent functions as requested in
writing by the County, will be in addition to the fees above and billed separately, upon agreement with
the County. Co-op promotion costs will be invoiced independently of fees and other expenses and
should not be incurred without the CVB Executive Director or his designee's prior written approval.
4. All expenses and costs incurred will be billed to Collier County at net cost with NO mark-up.
5. Travel reimbursable expenses shall be in accordance with Collier County Resolution No. 2006.40,
as amended, and attached as Exhibit C of the Agreement.
Page 2 of 2
Exhibit B-Fee Schedule
Other Exhibit/Attachment
Description: Exhibit C: Resolution 2006-40
❑� following this page (pages 1 through 4 )
❑ this exhibit is not applicable
Page 15 of 15
Fixed Price Professional Service Agreement 2022_Ver.3
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RESOLUTION NO.2006- 40
A RESOLUTION ADOPTING A POLICY FOR THE APPROVAL
OF FUNDS FOR TRAVEL EXPENSES FOR PERSONS
CONDUCTING OFFICIAL TOURISM BUSINESS AND
SUPERSEDING RESOLUTION NO.2004-370.
WHEREAS,it is the intent of Collier County to reimburse Tourism Department employees and
agents under contract with Collier County for travel on official tourism business in accordance with
Section 125.0104,Florida Statutes,and Section 112.061,Florida Statutes; and,
WHEREAS,all authorized travel expenses will be reimbursed to County Tourism Department
employees or to employees of companies or individuals contracted for tourism services on behalf of the
County at the actual expense; and,
WHEREAS, the Board of County Commissioners has the legal authority to adopt a resolution
authorizing the expenditure of County funds for valid and proper public purposes.
NOW, THEREFORE, BE I'T RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that the expenditure of funds for any and all
travel by Tourism Department employees and authorized agents under contract with Collier County are as
follows:
A. APPROVAL REQUIRED. All travel for Tourism Department staff and authorized agents
under contract must be authorized and approved by the Tourism Department Director,and by
the County Manager for the Tourism Department Director,and funds must be available in the
approved Tourism Department Budget. Those travel events that are not covered in the
budgeted or contingencies categories in the Tourism Department Budget must be presented to
the Tourist Development Council and Board of County Commissioners for approval.
The Board of County Commissioners must approve travel by authorized persons not employed
or under contract by the County who are called upon to contribute time and services as
consultants or advisors or participants for travel on County tourism business.
All travel reimbursements require receipts.
B. DOMESTIC TRAVEL.
1. Common Cartier. Travel shall be booked at the best available coach price.
2. Ground Transportation. Taxi,shuttle and public transportation shall be reimbursed at actual
cost including up to a 15% gratuity. Rental car use shall be booked or reimbursed for
domestic travel at best compact rate available. Travelers shall use the rental car company
holding the county bid,where available.
3. Meals. Meals shall he reimbursed at actual cost plus gratuity up to 15%,if not included in
bill,and up to 20%,if included in bill,for groups or special menus or events. Continental
breakfasts,snacks,drinks or other small incidental food items provided under a registration
fee will not be considered a provided meal and a full meal substitute would be reimbursable
at actual cost.
4. Accommodations/Lodging. In-state travel outside 50 miles of office location is
reimbursable at actual cost for single occupancy at the best available rate or at the
headquarters hotel.
Travel within 50 miles of the office—Accommodations expense reimbursement must be
authorized by the Tourism Director if travel to home after the daily activities is deemed
unsafe,or supervision of guests being entertained is necessary.
Travel to destinations within Florida is tax exempt for accommodations. Travelers shall
supply the hotel/motel with a Florida Sales Tax Exemption Certificate when checking in.
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Expenses for the use of in-room dispensers or movies are not reimbursable,
5. Other expenses.
Reimbursable expenses include tolls, ferry fares, tuxedo and costume rental, parking fees,
charges for business telephone calls,including cell phone roaming charges,facsimiles,or high
speed intemet access charges for use of computer,actual mileage reimbursement at the current
Collier County rate,mandatory valet parking,including a 15%gratuity,hotel resort fees,tips to
bellmen,parking attendants,and shuttle drivers,charges for changes in travel dates or departure
times for airline ticket and hotel accommodations if pre approved by the Tourism Director or
County Manager,laundry and dry cleaning charge for travel of five(5)or more days. Business
association, trade association, tourism industry association, Chamber of Commerce meetings,
or event expenses are authorized for payment or reimbursement if subject matter is tourism
related.
C. TRAVEL IN FOREIGN COUNTRIES.
Foreign travel will be conducted in compliance wills federal standards detailed in the
publication,"Standardized Regulations(Government Civilians,Foreign Areas)".
1. Common Carrier. Travel shall be booked at the best available coach price.
2. Ground Transportation. Taxi,shuttle and public transportation shall be reimbursed at actual
cost with receipt including up to a 15% gratuity. Rental car use shall be booked or
reimbursed at best compact rate available.
3. Meals. Meals shall be reimbursed at actual cost plus gratuity up to 15%,if not included in
bill,and up to 20%,if included in bill,for groups or special menus or events. Continental
breakfasts,snacks,drinks or other small incidental food items provided under a registration
fee will not be considered a provided meal and a full meal substitute would be reimbursable
at actual cost.
4. Accommodations/Lodging, Reimbursable for actual cost for single occupancy at the best
available rate or at the headquarters hotel.
Expenses for the use of in-room dispensers or movies are not reimbursable.
5. Other expenses.
Reimbursable expenses include tolls,ferry fares,tuxedo and costume rentals,parking fees,
foreign currency exchange fees,travelers checks fees,maps,charges for business telephone
calls, including access, air time and phone rental charges for cell phones, facsimiles, or
high speed intemet access charges for use of computer, actual mileage reimbursement at
the current Collier County rate, mandatory valet parking, including a 15% gratuity, hotel
resort fees,tips to bellmen,parking attendants, and shuttle drivers,charges for changes in
travel dates or departure times for airline ticket and hotel accommodations with prior
approval of the Tourism Director or County Manager,laundry and dry cleaning charge for
travel of five (5) or more days.
D. TRAVEL INVOLVING TRADE SHOWS/CONVENTIONS/TOURISM INDUSTRY AND
ASSOCIATION MEETINGS.
Expenses related to attendance at trade shows, conventions, association and tourism industry
meetings, sales meetings and receptions and events are authorized for payment or
reimbursement at actual cost pursuant to this Resolution depending on whether the travel is
foreign or domestic.
Pursuant to Section 125.0104, Florida Statutes, registration fees for Tourism Department
employees and authorized agents under contract with Collier County shall be paid in advance
by County check or credit card or be paid by reimbursement.
CA
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E. TRAVEL-RELATED ENTERTAINMENT.
Payment or reimbursement is authorized for any tourism promotion, event,meal, or occasion
organized by the Collier County Tourism Department or other tourism organizations or
agencies including,but not limited to,entertaining travel writers,journalists,travel agents,tour
operators,airlines,travel consultants,wholesalers,consolidators,meeting planners,consumers,
dignitaries and VIP's from foreign countries or anyone who can bring, direct or encourage
travel or publicity to Collier County. (Collectively or singularly referred to as "Tourism
Promoters").
Expenses such as meals for County employees who attend a function with Tourism Promoters
in an official capacity are authorized to be included in the total cost of the function for payment
or reimbursement.
1. Meals. Meals include food and beverages associated with meetings,dinners, promotions,
cocktail parties and similar events,whether catered or provided by Collier County or other
tourism organizations or agencies,at a facility or private location. Gratuities up to 15%,if
not included in the bill,or up to 20%,if included in the bill,for groups or special menus or
events are authorized for payment or reimbursement. Gratuities on discounted or
complimentary meals are authorized as calculated on the full fair market price of the meals
up to 20%. County employees must follow the County Ethics Policy covering acceptance
of discounted or complimentary meals.
2. Alcoholic Beverages. The cost of alcoholic beverages is authorized for payment or
reimbursement for entertainment purposes for Tourism Promoters. The cost of alcoholic
beverages for County employees is not reimbursable.
3. Gifts. Tokens of appreciation and mementos of Collier County given to Tourism Promoters
are authorized for payment or reimbursement at actual cost.
4. Transportation. Expenses for vans,limousines,buses or automobiles to transport Tourism
Promoters are authorized for payment or reimbursement.
5. Accommodations. Expenses to house Tourism Promoters are authorized for
payment or reimbursement at actual cost.
6. Entertainment. Expenses to entertain convention, meeting,trade show or familiarization
tour attendees. Examples of these entertainment expenses include,but are not limited to
the costs for singers, dancers, magicians, astrologers, chefs, musicians, pageant winners,
clowns, fisherman, animal trainers or massage therapists. These entertainment expenses
serve a valid public purpose and are authorized for payment or reimbursement.
F. COUNTY PURCHASING CARD USE.
The Collier County Purchasing Card may be used by Tourism Department staff for all travel,
entertainment and registrations including the cost of restaurant meals. The Purchasing Cards
issued to each Tourism Department staff member will have a single transaction limit of$2,000
and a maximum monthly spending limit of$10,000.
G. PAYMENT BY ADVANCEMENT OR REIMBURSEMENT.
The County may pay by advancement or reimbursement,or a combination thereof,the costs of
per diem and incidental expenses of employees of the County and other authorized persons,for
foreign travel at the current rates as specified in the federal publication "Standardized
Regulations(Government Civilians,Foreign Areas)."
The County may also pay by advancement or reimbursement,or by a combination thereof,the
actual reasonable and necessary costs of travel, meals, lodging, and incidental expenses of
employees of the County and other authorized persons when meeting with travel writers,tour
brokers,or other persons connected with the tourist industry,and while attending or traveling in
connection with travel or trade shows.
This Resolution supersedes Resolution No.2004-370.
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THIS RESOLUTION ADOPTED this day of ,' a'194bafter a motion, second and
majority vote favoring same.
DATED:. ::t:-% BOARD OF COUNTY COMMISSIONERS
ATTE$".P:. . OF COLLIER COUNTY,FLORIDA
DW1CiH E.BROCK,,� �J� 1errk
CC
kC .as.v¢. airman's PRANK IIALAS,Chairman
119014 n.14
Approved as to form and
legal sufficiency:
Wiefritrij
Colleen M.Greene
Assistant County Attorney
054MCR-00087/2
Item# In___ ,�/
Agenda a_IC( r
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