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Agenda 03/26/2024 Item #16F 5 (Tourism International Representation - Germany Market)SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting March 26, 2024 Item 11A to be heard at 2:30 PM: To approve the following documents related to the development of housing at the former Golden Gate Golf Course: 1) Second Amendment to Developer Agreement with Rural Neighborhoods, Inc., 2) Termination of Collier County Standard Form Long-Term Ground Lease, 3) Collier County Standard Form Long-Term Ground Lease (Phase 1 - Essential Services Housing), HUD Lease Addendum and Phase 1 Easement, 4) Collier County Standard Form Long-Term Ground Lease (Phase 2-Senior Housing) and Phase 2 Easement, and 5) Land Use Restriction Agreements for each phase as required by grant funding sources, once developed and approved for legality. (Companion to Item 11B) (Ed Finn, Deputy County Manager) (Staff’s Request) Item 11B to be heard at 2:30 PM: To consider approval of Income Sharing Agreement for Phase I, Renaissance Hall at Old Course, at the former Golden Gate Golf Course, allocating shared income as follows: 50% to Renaissance Hall at Old Course, LLC, 25% to Collier Community Foundation, Inc., and 25% to Collier County, the parties to the Agreement. (Companion to Item 11A) (Ed Finn, Deputy County Manager) (Staff’s Request) Continue Item 16D6 to the April 9, 2024, BCC Meeting: Recommendation to approve and authorize an after the fact payment in the amount of $14,268.87 to Robert Half International, Inc., for providing temporary staffing to support housing related programs, and to waive competitive procurement. (Staff’s Request) Add-on Item 10A: Recommendation to submit a Letter to Governor DeSantis to urge him to veto Senate Bill 7014 Ethics Bill”). (Commissioner Saunders’ Request) Move Item 16F4 to 11E: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7979 “Tourism International Representation - UK and Ireland Market” with OMMAC Ltd., for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $80,000 totaling $200,000 annually and make a finding that this action promotes tourism. (Commissioner McDaniel’s Request) Move Item 16F5 to 11F: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 “Tourism International Representation - Germany Market” with DiaMonde e.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism. Commissioner McDaniel’s Request) Notes: TIME CERTAIN ITEMS: Companion Items 11A & 11B to be heard at 2:30 PM: Rural Neighborhoods Renaissance Hall at Old Course Second Amendment, Leases, and Income Sharing Agreement. 3/28/2024 4:15 PM 03/26/2024 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 “Tourism International Representation - Germany Market” for the period of March 14, 2024 - March 13, 2025 with DiaMonde e.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism. OBJECTIVE: To renew Agreement No. 22-7980 for one year for tourism representation services in the Germany market which promotes Collier County as a worldwide visitor destination. CONSIDERATIONS: Collier County has been represented in Germany for 16 years by DiaMonde e.K. based in Stuttgart, Baden-Wuerttemberg, Germany. Presence in that market has been beneficial in bringing German residents to Collier County. Over the course of this term and relationship, the German market has remained one of the top markets of international origin for Collier County. The representation in this market has attracted visitors via consumer direct initiatives, through education and relationships with tour operators and travel agents about Florida’s Paradise Coast region (Collier County). The representation also includes integrated marketing campaigns across multiple media platforms to locally amplify the reach of the campaigns. On March 14, 2023 (Agenda item 11. C), the Board of County Commissioners approved the award of Agreement No. 22-7980 for Tourism International Representation - Germany Market to DiaMonde e.K. for one year and requested that the renewal be brought back to the Board for approval. The contractor has agreed to renew the Agreement for one year without price increases. The annual costs established in the Agreement are as follows: Flat Annual Fixed Price of $120,000 ($10,000 per month), and Reimbursable Expenses for Travel, Registrations and Miscellaneous for up to $60,000 totaling $180,000 annually. The reimbursable expenses are approved by the Division Director before the expenditure occurs. Current expenditures total $131,245.46 for eleven (11) months. This total does not include the monthly fee or any other expenditures for the last month on the current Agreement. This representation is vital for Collier County to remain competitive with other Florida markets. Currently, twenty (20) Florida markets have representation/offices in Europe, including our competitive set of areas - Tampa, St. Pete/Clearwater, Orlando, Bradenton, Sarasota, Lee County, Charlotte County, Palm Beach, Miami, and the Florida Keys. As noted in the Business Case, the Naples market has lower occupancy rates than our comparison markets and one of the highest Average Daily Rates for hotel rooms. Two important measures of the work completed by DiaMonde e.K. were implemented to measure effectiveness. One is the number of hotel rooms booked by their top 20 Tour Operators. Many first -time visitors utilize tour operators for ease of travel to various locations in Florida and for the option to obtain travel insurance. Per the Business Case, room nights booked in 2023 have increased over 2022 by 48% (15,854). In 2024, DiaMonde e.K. anticipates a 20% increase of room night bookings over 2023, for an estimated total of 19,028. County staff has estimated the Tourist tax collections to further measure the effectiveness of the firm for these room nights as noted in the Business Case. Tax collections in 2023 are calculated at $240,322.86 (a 33% increase over 2022) using a yearly Average Daily Rate of $303.17. The Business Case calculates the Return on Investment (ROI) for fixed costs (100.3%) contracted costs (33.5%), and actual costs for 11 months (70.1%). The second measure is based on the media relations coverage in the destination. DiaMonde e.K. has worked to add earned (not paid for) media and placements. Earned media is obtained through public relations work and can include articles written in traditional print, broadcast, or social media. Earned media saw an increase of 32% fro m 2022 over 2023 (2022 earned media was $120,000 and 2023 earned media was $158,577). Additionally, the company’s 2023 social media measures include 47 posts with 210,000 impressions for all the posts. The economic impact of the direct spend in Collier County by visitors from Germany totals $21,973,644.00 (calculated as 15,853 room nights x an estimate of 2.8 visitors x $165 direct spend per day per person.) This calculation is based on the data from intercept surveys in Collier County for 2023 conducted by Downs & St. 16.F.5 Packet Pg. 1459 03/26/2024 Germain. Based on DiaMonde e.K.’s performance and improving the measures for effectiveness, County staff is recommending renewing the Agreement for one year at the same pricing. The Agreement has another one -year renewal available for future consideration. FISCAL IMPACT: Funds for marketing services are provided in the FY 2024 Tourist Development Tax supported Tourism Promotion Fund (1101) budget. The annual contract budget is $180,000 for the German market. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive Summary. ADVISORY COMMITTEE RECOMMENDATION: This item was approved unanimously by the Tourist Development Council on February 20, 2024, with a vote of 7-0. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 “Tourism International Representation - Germany Market” for the period of March 14, 2024 - March 13, 2025 with DiaMonde e.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and Reimbursable Expenses for Travel, Registrations and Miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism. Prepared by: John Melleky, Co-Interim Director, Tourism Division ATTACHMENT(S) 1. 22-7980 Contract_DiaMonde_FullyExec (PDF) 2. 22-7980 DiaMonde_1of2_1YrRenewal (PDF) 3. Business Case International Reps Germany (PDF) 4. International Rep Germany Presentation pdf (PDF) 5. International Reps Germany Data 2024 (PDF) 16.F.5 Packet Pg. 1460 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.5 Doc ID: 28213 Item Summary: Recommendation to approve and authorize the Chairman to execute a one-year renewal of Agreement No. 22-7980 “Tourism International Representation - Germany Market” with DiaMonde e.K. for Flat Annual Fixed Price of $120,000 ($10,000 per month), and reimbursable expenses for travel, registrations and miscellaneous for up to $60,000 totaling $180,000 annually and make a finding that this action promotes tourism. Meeting Date: 03/26/2024 Prepared by: Title: Administrative Assistant – Tourism Name: Jennifer Leslie 03/04/2024 10:49 AM Submitted by: Title: – Tourism Name: John Melleky 03/04/2024 10:49 AM Approved By: Review: Tourism John Melleky Tourism Review Completed 03/04/2024 10:52 AM Tourism Sandra Rios Tourism Review Completed 03/04/2024 10:52 AM Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed 03/04/2024 4:32 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/04/2024 4:49 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/05/2024 8:43 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/05/2024 11:21 AM Office of Management and Budget Christopher Johnson OMB Reviewer Completed 03/13/2024 4:48 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/15/2024 3:25 PM Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM 16.F.5 Packet Pg. 1461 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. Page 1 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 90 16.F.5.a Packet Pg. 1462 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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). Page 2 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 SAC. 16.F.5.a Packet Pg. 1463 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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. Page 3 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 16.F.5.a Packet Pg. 1464 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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. Page 4 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 16.F.5.a Packet Pg. 1465 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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. Page 5 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 CAC' 16.F.5.a Packet Pg. 1466 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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 Page 6 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 16.F.5.a Packet Pg. 1467 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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 Page7of15 Fixed Price Professional Service Agreement 2022_Ver.3 C+NC 16.F.5.a Packet Pg. 1468 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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: Page 8 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 CSC 16.F.5.a Packet Pg. 1469 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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 Page 9 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 c . 16.F.5.a Packet Pg. 1470 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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. Page 10of15 Fixed Price Professional Service Agreement 2022_Ver.3 r ' 16.F.5.a Packet Pg. 1471 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Intentionally left blank-signature page to follow) Page 11 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 16.F.5.a Packet Pg. 1472 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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 Page 12 of 15 Fixed Priee Professional Service Agreement 2022 Ver.3 0 16.F.5.a Packet Pg. 1473 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) Exhibit A Scope of Services following this page (containing 2 page/s) this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 16.F.5.a Packet Pg. 1474 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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 16.F.5.a Packet Pg. 1475 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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 16.F.5.a Packet Pg. 1476 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) Exhibit B Fee Schedule following this page (pages through 2 ) Page 14 of 15 Fixed Price Professional Service Agreement 2022_Ver.3 16.F.5.a Packet Pg. 1477 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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 16.F.5.a Packet Pg. 1478 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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 16.F.5.a Packet Pg. 1479 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 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 16.F.5.a Packet Pg. 1480 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 10K 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. 16.F.5.a Packet Pg. 1481 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 10K 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 2 16.F.5.a Packet Pg. 1482 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 1OK 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$10,000. G. PAYMENT BY ADVANCEMENT OR REIMBURSEMENT. The County may pay by advancement or reimbursement,or a combination thereof,the costs of per diem and incidental expenses of employees of the County and other authorized persons,for foreign travel at the current rates as specified in the federal publication "Standardized Regulations(Government Civilians,Foreign Areas)." The County may also pay by advancement or reimbursement,or by a combination thereof,the actual reasonable and necessary costs of travel, meals, lodging, and incidental expenses of employees of the County and other authorized persons when meeting with travel writers,tour brokers,or other persons connected with the tourist industry,and while attending or traveling in connection with travel or trade shows. This Resolution supersedes Resolution No.2004-370. C 3 16.F.5.a Packet Pg. 1483 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) 10K THIS RESOLUTION ADOPTED this day of ,' a'194bafter a motion, second and majority vote favoring same. DATED:. ::t:-% BOARD OF COUNTY COMMISSIONERS ATTE$".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 Dale N Date 3 Rec' 4 uty Clerk A 4 16.F.5.a Packet Pg. 1484 Attachment: 22-7980 Contract_DiaMonde_FullyExec (28213 : One Year Renewal for International Reps. - Diamonde) February 8, 2024 Nataša Manić DiaMonde e.K. Bubenhaldenstr. 53 70469 Stuttgart, Baden- Wuerttemberq, Germany Via Email: natasa@diamonde.de RE: Contract Renewal for # 22-7980 "Tourism International Representation- Germany Market" Dear Mr/s. Manić, Collier County would like to renew the above contract under the same terms and conditions for an additional one (1) year period in accordance with the renewal clause in the contract. If you are agreeable, please indicate your intentions by providing the information requested below and executing the acceptance section: ____x___ I am agreeable to renewing the above-referenced contract under the same terms, conditions, and pricing as the existing contract. _______ I am not agreeable to the renewal of this contract. By executing the section below, this contract will be effective from 3/30/2024 until 3/29/2025. Acceptance of Contract Renewal Company Name DiaMonde e.K. Company Signature Print Name Natasa Manic Signature Date 8 February 2024 16.F.5.b Packet Pg. 1485 Attachment: 22-7980 DiaMonde_1of2_1YrRenewal (28213 : One Year Renewal for International Reps. - Diamonde) Page 2 of 2 RE: Contract Renewal for # 22-7980 "Tourism International Representation- Germany Market" Updated Contact Information (Only if addressee information on the first page is incorrect) Contact Name _________________________________________________________ Telephone Number _________________________________________________________ FAX Number _________________________________________________________ Email Address _________________________________________________________ Collier County will be transitioning to a new eProcurement solution (OpenGov) for publishing solicitations and receiving vendor responses. Register your account early to begin receiving email notifications for Collier County’s bidding opportunities. We expect to go-live March 12, 2024. Registration is early and it is 100% free for vendors! For more information about how to register, please see our help file here. Please return this letter to the Procurement Services Division with your response no later than 2/15/2024. You may email your response to email Renewals@colliercountyfl.gov. If you have any questions, you may contact me at 239-252-8407. Respectfully, Sandra Srnka Division Director – Procurement Services Division C: John Melleky, CMO: Tourism 16.F.5.b Packet Pg. 1486 Attachment: 22-7980 DiaMonde_1of2_1YrRenewal (28213 : One Year Renewal for International Reps. - Diamonde) BUSINESS CASE 2024 TOURISM INTERNATIONAL REPRESENTATION – GERMANY MARKET DIAMONDE e.K. OVERVIEW • On March 14, 2023 (Agenda item 11. C), the Board of County Commissioners approved the award of Agreement No. 22-7980 for Tourism International Representation - Germany Market to Diamonde.e.K for one year. • Diamonde e.K. is the extension of our Tourism Department in Germany by building relationships with Germany tour operators and travel agents. They also provide integrated marketing campaigns in Germany. • Competition for German tourism is strong as 20 markets in Florida has offices/representation in Germany. • Diamonde e.K. also assists the Tourism Department with the relationship with Discover/ Eurowings, a German airline that has a direct flight into RSW airport. • Two measures were developed for the agreement – room night bookings and earned media. • Through their relationships with tour operators, Diamonde e.K booked 15,854 room nights in 2023 an increase of 48% over 2022. • These room nights represent a total of $240,322.86 in estimated Tourist Tax Revenue, an increase of 33% over 2022. • Diamonde e.K. is estimating a 20% increase in room night bookings (19,028 rooms) for 2024. • In 2023, with the 15,854 room nights, the economic impact (direct spend) of the Germain tourist is $21,973,644. • Earned media relations coverage increased by 32% in 2023 to $158,577. Social media measures included 47 posts with 210,000 impressions. • Staff recommends the renewal of the Agreement for one year (first of two possible one-year renewals). 16.F.5.c Packet Pg. 1487 Attachment: Business Case International Reps Germany (28213 : One Year Renewal for International Reps. - Diamonde) Business Case 2024 Tourism Representation Germany Market 2 BACKGROUND Collier County has been represented in Germany for 16 years by Diamonde e.K. based in Stuttgart, Baden- Wuerttemberg, Germany. Presence in that market has been beneficial in bringing German residents to Collier County. Over this term and relationship, the German market has remained one of the top markets of international origin for Collier County. As an extension of the CVB office in Germany, the representation in this market has attracted visitors via consumer direct initiatives, education and relationships with tour operators and travel agents about Florida’s Paradise Coast region (Collier County). The representation also includes integrated marketing campaigns across multiple media platforms to locally amplify the reach of the campaigns. On March 14, 2023 (Agenda item 11. C), the Board of County Commissioners approved the award of Agreement No. 22-7980 for Tourism International Representation - Germany Market to Diamonde.e.K for one year and requested that the renewal be brought back to the Board for approval. The contractor has agreed to renew the Agreement for one year without price increases. COMPETITIVE ANALYSIS This representation is vital for Collier County to remain competitive with other Florida markets. Currently, twenty (20) Florida markets have representation/offices in Europe, including our competitive set of areas - Tampa, St. Pete/Clearwater, Orlando, Bradenton, Sarasota, Lee County, Charlotte County, Palm Beach, Miami, and the Florida Keys. In August of 2023, when many European travelers take a vacation, for instance, this competitive set had higher occupancy rates ranging from 66.5% (Florida Keys) to a lower rate of 58.3% (Palm Beach) compared to 56.3% for the Naples market. The Naples market is tracking back as our destination was off-sale in late 2022 and 2023 due to Hurricane Ian impacts. Moreover, the Average Daily Rates for these markets were mostly lower than Collier County’s $216.23, ranging from $123.82 (Fort Myers) to $169.23 (St. Pete/Clearwater). The only market higher was the Florida Keys at $260.20. 16.F.5.c Packet Pg. 1488 Attachment: Business Case International Reps Germany (28213 : One Year Renewal for International Reps. - Diamonde) Business Case 2024 Tourism Representation Germany Market 3 COSTS Contract Costs The annual costs established in the Agreement are as follows and would remain consistent for the agreement renewal period: Description Annual Cost Annual Fee ($10,000/month – fixed cost) $120,000 Reimbursable Travel $ 17,000 Reimbursable Registration $38,000 Reimbursable Miscellaneous $ 5,000 TOTAL $180,000 Office expenses are included in the flat annual fixed price. All reimbursable expenses are approved by the Division Director before the expenditure occurs. Actual Costs Spending in 2023 for 11 months totaled $131,245.26 (March 2024- Jan 2024). 2023 RESULTS Hotel Room Bookings and ROI Two important measures of the work completed by Diamonde e.K. were implemented to measure effectiveness. One is the number of hotel rooms booked by their top 20 Tour Operators. Many first-time visitors utilize tour operators for ease of travel to various locations in Florida and for the option to obtain travel insurance. As noted in the table below, in 2019, which is a benchmark used (2020 and 2021 are not included due to the pandemic), 16,973 room nights were booked in our region from these operators. In 2022, room nights were 10,748, and in 2023 this grew to 15,854 (an increase of 48% from 2022). In 2024, Diamonde e.K. anticipates a 20% increase of room night bookings over 2023, for an estimated total of 19,028. REGION 2019 2022 2023 % % 2024 Estimate 2023 vs 2022 2024 vs 2023 BENELUX* 16,973 10,748 15,854 19,028 48% 20% TOTAL 16,973 10,748 15,854 19,028 48% 20% Avg ADR $237.43 $335.51 $303.17 $303.00 -10% 0% Est Tourist Tax $201,494.97 $180,303.07 $240,322.86 $288,274.20 33% 20% (Taxes = ADR * Hotel Rooms Booked * 5%). This table also has the estimated tax collections to further measure the effectiveness of the firm for these room nights utilizing the Average Daily Rate (ADR) obtained through STR data for the associated tiframes 16.F.5.c Packet Pg. 1489 Attachment: Business Case International Reps Germany (28213 : One Year Renewal for International Reps. - Diamonde) Business Case 2024 Tourism Representation Germany Market 4 STR data provides weekly information about hotels in Collier County. The firm surveys our local hotels and provides weekly data such as Average Daily Rates, Occupancy, and Hotel Revenue per person. Hotel Rooms Booked increased in 2023 by 48% compared to 2022. This resulted in a tax increase based on the Average Daily Rate for the year provided by Downs & St. Germain Research in a 33% increase of Tourist Tax collections of $240,322.86. Economic Impact With the 15,854 room nights, the economic impact was calculated. Based on data from Downs & St. Germain research, travel parties are 2.8 people and international travelers spend $165 per day in Collier County. The total economic impact direct spend for 2023 is estimated to be $21,973,644.00. Direct Spend Total = (15,854 rooms x 2.8 people x $165 direct spend per day) Return on Investment The Return on Investment (ROI) of the Tourist Tax Collections can be calculated in a few ways. 1. Using the Contract Fixed Costs Only Using the Agreement Fixed Costs of $120,000, the ROI is 100.3%. (($240,323 tax collections - $120,000 flat fee) / $120,000 * 100). 2. Using the Total Contract Costs Using the Total Contract Costs of $180,000, the ROI is 33.5% (($240,323 tax collections - $180,000) / $180,000 * 100). 3. Using the Actual Costs Actual Costs for 11 months is $131,245.26. The known costs for the last month is $10,000 so the total is 141,245.26. The ROI is 70.1% (($240,323 tax collections - $141,245.26) / $141,245.26 * 100). 16.F.5.c Packet Pg. 1490 Attachment: Business Case International Reps Germany (28213 : One Year Renewal for International Reps. - Diamonde) Business Case 2024 Tourism Representation Germany Market 5 Media Results The second measure is based on the media relations coverage in the destination. Diamonde e.K. has worked to add earned (not paid for) media and placements. Earned media is obtained through public relations work and can include articles written in traditional print, broadcast, or social media. (The example to the right is the travel publication 360 Grad Noramerika, with a circulation of 7,500 and was part of 6-page advertorial.) Earned media saw an increase of 32% in 2023 over 2022 (2022 earned media was $120,000 and 2023 earned media was $158,577). Additionally, the company’s 2023 social media measures include 47 posts with 210,000 impressions for all the posts. CONCLUSION Based on Diamonde e.K’s performance and improving the measures for effectiveness, County staff is recommending renewing the Agreement for one year at the same pricing. 16.F.5.c Packet Pg. 1491 Attachment: Business Case International Reps Germany (28213 : One Year Renewal for International Reps. - Diamonde) INTERNATIONAL REPRESENTATIVES -GERMANY MARKET- 2023 16.F.5.d Packet Pg. 1492 Attachment: International Rep Germany Presentation pdf GERMANY| Diamonde e.K 2 •Partner for 16 years •Florida’s Paradise Coast is their only destination client •Countries covered: Germany, Austria, Switzerland, Belgium, Netherlands, and Luxembourg •2023 RESULTS –ROI: 100.3% •2023 Room Nights Booked: 15,854 •2023 Estimated German Market Spend in Collier County: $21,973,644 16.F.5.d Packet Pg. 1493 Attachment: International Rep Germany Presentation pdf EUROPEAN MARKET | Traveler Journey 3 •Visitors book 6-18 months in advance •Visitors utilize tour operators to help book their travel •With vacation schedules, most travel in the summer months with spring and fall following •Tours will typically cover multiple areas of Florida •Top arrival airports –Orlando, Tampa, Miami, RSW typically fourth or fifth •Support Discover Airlines that flies direct from Frankfort to RSW •Visitors typically have higher net worth and use luxury/specialist tour operators for ease 16.F.5.d Packet Pg. 1494 Attachment: International Rep Germany Presentation pdf 4 INTERNATIONAL REPS | SERVICES •Trade Partner/ Extension of CVB in-market o B2B –work with European travel agencies o Work with European reps for brands such as Visit FL, Brand USA •Tour Operators Relationships •Marketing and Public Relations o Work with tour operators to keep Florida’s Paradise Coast is top of mind o Promote and encourage includes of our hotels to generate increased room night bookings o Our reps have built exclusive relationships and collaborations with tour operators and hotel properties o Amplify the reach of the CVB marketing spend with partners above o Attend trade and media events o Integrate marketing campaigns across multiple platforms to ensure call to action for our partners o Social Media and Media Outreach 16.F.5.d Packet Pg. 1495 Attachment: International Rep Germany Presentation pdf 5 COMPETITIVE ANALYSIS| EUROPEAN OFFICES •Florida Destinations in Europe •Our Destination Sales o 20 destinations have offices in Europe o Include Tampa, St. Pete/Clearwater, Orlando, Bradenton, Sarasota, Fort Myers, Charlotte County, and the Florida Keys o Still tracking back as our destination was off-sale in late 2022 and 2023 due to the hurricane o Tour operators relocated and booked visitors to other Florida destinations during this time period 16.F.5.d Packet Pg. 1496 Attachment: International Rep Germany Presentation pdf 6 COMPETITIVE ANALYSIS| FL MARKETS AUG 2023 STR Data August, 2023 data based on hotels participating in data collection STR Data is the weekly collection of hotel data in Collier County that provides daily information on the number of rooms, Occupancy Rates, Average Daily Rates (by day), and Hotel Revenue per person. 16.F.5.d Packet Pg. 1497 Attachment: International Rep Germany Presentation pdf 7 GERMANY| Room Night Bookings in Destination as of December 2023 Top 20 Tour Operators *BENELUX represents the area of Germany, Belgium, Austria, Switzerland, Netherlands, and Luxembourg. 2020 and 2021 are not included due to the pandemic. ADR (Average Daily Rate) from STR Data, Downs & St. Germain Yearly Comparison Report, 2024 conservatively estimated same as 2023 ROI calculation using staffing costs per the contract and the 2023 Tourist Tax collection above 2023 ROI: 100.3% (($240,323-$120,000)/$120,000) REGION 2019 2022 2023 %% 2024 Estimate 2023 vs 2022 2024 vs 2023 BENELUX*16,973 10,748 15,854 19,028 48%20% TOTAL 16,973 10,748 15,854 19,028 48%20% Avg ADR $237.43 $335.51 $303.17 $303.00 Est Tourist Tax $201,494.97 $180,303.07 $240,322.86 $288,274.20 33%20% 16.F.5.d Packet Pg. 1498 Attachment: International Rep Germany Presentation pdf 8 GERMANY| Visitor Economic Impact *BENELUX represents the area of Germany, Belgium, Austria, Switzerland, Netherlands, and Luxembourg. 2020 and 2021 are not included due to the pandemic. $165 spend per day and 2.8 people per party based on 2023 data collected in Collier County intercept surveys, Downs & St. Germain Year Location Room Nights Economic Impact $165 Spend Per Visitor (2.8) Per Day (3) 2023 BENELUX 15,854 $21,973,644.00 2022 BENELUX 10,748 $14,896,728.00 2019 BENELUX 16,973 $23,524,578.00 16.F.5.d Packet Pg. 1499 Attachment: International Rep Germany Presentation pdf 9 GERMANY | PUBLIC RELATIONS 2023 Social Media Measures 47 posts 210,000 total impressions Earned Media Relations Coverage 2022 $120,000 2023 $158,577 increase of 32% 16.F.5.d Packet Pg. 1500 Attachment: International Rep Germany Presentation pdf THANK YOU 10 16.F.5.d Packet Pg. 1501 Attachment: International Rep Germany Presentation pdf Diamonde e.K Room Night Bookings in Destination as of Dec. 2023 Top 20 Tour Operators %% 2024 Estimate 2023 vs 2022 2024 vs 2023 BENELUX*16,973 10,748 15,854 19,028 48%20% TOTAL 16,973 10,748 15,854 19,028 48%20% Avg ADR $237.43 $335.51 $303.17 $303.00 Est Tourist Tax $201,494.97 $180,303.07 $240,322.86 $288,274.20 33%20% REGION 2019 2022 2023 16.F.5.e Packet Pg. 1502 Attachment: International Reps Germany Data 2024 (28213 : One Year Renewal for International Reps. - Diamonde)