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Agenda 12/08/2015 Item #16F612/8/2015 16. F.6. EXECUTIVE SUMMARY Recommendation to award RFQ #15 -6477 to Atilus for Internet Marketing Services on behalf of the Tourism Division in the amount of $34, 800 and make a finding that this expenditure promotes tourism. OBJECTIVE: To award RFQ #15 -6477 for Internet Marketing Services on behalf of the Tourism Division. CONSIDERATIONS: RFQ #15 -6477 for Internet Marketing Services was publicly advertised on August 27, 2015. E -mail notices were sent to 1,475 firms with 56 firms downloading the full solicitation package. 15 responses were received by the due date of September 15, 2015. One bidder was found non - responsive. The result of the RFQ solicitation responses are summarized on the attached bid tab sheet. Staff recommends award of this solicitation to the lowest responsive bidder, Atilus, located in Bonita Springs, FL. If approved, staff will request a Purchase Order to support one Fiscal Year of this service from Atilus. FISCAL IMPACT: The Monthly Service Fee of $2,250 ($27,000 for 12 months) and the Google AdWords monthly cost of $650 ($7,800 for 12 months) for a total of $34,800 is covered in the BCC approved FY 16 budget in Fund 184, Contracted Services. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management plan from this action. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended approval of this item 9 -0 at the November 23, 2015 meeting. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. — CMG RECOMMENDATION: That the Board of County Commissioners awards RFQ #15 -6477 to Atilus for Internet Marketing Services at an annual cost of $34,800 and make a finding that this expenditure promotes tourism. Prepared by: Jack Wert, Tourism Director Attachments: RFQ for Internet Marketing Services; Bid Tab sheet Packet Page -1901- 12/8/2015 16. F.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.6. Item Summary: Recommendation to award RFQ #15 -6477 to Atilus for Internet Marketing Services and make a finding that this expenditure promotes tourism. Meeting Date: 12/8/2015 Prepared By Name: GreenKelly Title: Tourist Development Tax Coordinator, Tourism Division 11/24/2015 11:59:30 AM Submitted by Title: Division Director - Tourism, Tourism Division Name: WertJack 11/24/2015 11:59:32 AM Approved By Name: MarkiewiczJoanne Title: Division Director - Procurement Services, Procurement Services Date: 11/24/2015 2:21:43 PM Name: WertJack Title: Division Director - Tourism, Tourism Division Date: 11/24/2015 5:10:32 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 11/25/2015 8:27:16 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/25/2015 8:50:32 AM Name: FinnEd Packet Page -1902- 12/8/2015 16. F.6. Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 11/30/2015 7:31:07 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 12/2/2015 10:52:51 AM Packet Page -1903- 12/8/2015 161.6. mmh6-tafive Services DePatT*nt Procurement Servio-es D;Vfslori Date: August 27, 2014 From: Brenda Brilhart, Procurement Strategist (2391 252 -U!43 (Telephone) 239) 252-6-'eC-7 TAX`I (Hrnaii'\ To: Prospective Vendors As requested by the Division of Tourisnq, the County Board of County Commissioners Purchasing Depaitrnent has issued this I-17B for the purpose of o-btaining Nair and competitive responses. Zl!sase ref�er tc the PuYc Notice included' in it fOF the oosnino. and Jrne aind any appiicable preATI-4, co; ifeF ence. 1,11 questions regarding t,-::Ispfl-'Wlises to qu--sltions vendcrs. this ITB must be aubrn'61L-Led online on the Collier -cunty OnHM'a, Eld,-,Ing System, All wilil be picsted on ., ite xp,,�flh electronic nolificatio',-! Lo all Ar'e look forward to your participation in Collier County's competitive pr ocurement ,rI M 01 es. cc: jack Wert, [,ire--t()r ..1.7 7ar-wmn; T*il P, as! ITB 15-6477 inter net 'arkeiling Packet P@�e -1904- 12/8/2015 16.F.6. Invitation to Bid Index PublicNotice .........................:....................................................................... ..............................3 Exhibit I: Scope of Work, Specifications and Response Format .................. ..............................4 Exhibit II: General Bid Instructions ............................................................... ..............................7 Exhibit III: Standard Purchase Order Terms and Conditions ............................... Exhibit IV: Additional ITB Terms and Conditions ......................................... .............................15 Attachment 1: Vendor Submittal - Vendor's Non - Response Statement ....... .............................21 Attachment 2: Vendor's Check List ............................................................. .............................22 Attachment 3: Vendor Submittal - Bid Response Form ............................... .............................23 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......... .............................25 Attachment 5: Vendor Submittal — Immigration Affidavit ............................... .............................26 Attachment 6: Vendor Substitute W — 9 .................................................. ............................... .27 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ... .............................28 ITB 15- 6477Intemet Marketing Packet Page -1905- 2 12i8/2015 16.F.6. MIrnhist-ave Senicc-_ Dopatnvlt Procurement Sern�s Division Public Notice Seaied bid responses fc)r Solicitation 15-64777 Internet Malrksting will be received either electro,nical;y Ft or hard copy submitted to 'Colille', 'County Cover nment, Pur&Zsing _233-97 Tamiarni Trail _E, Napless, F-L 34�, 1-9 uniu�! 2:3, Pri, Coiiier County local iirne on 8&ptarn!aer 15, '20,15. resporsas r-ec� -ived affer the stated lime and date not be acc;epted. 15,-ra4-77 [n'ar'rtat Marketing A pre-bid conference will not be held for this ITB. All questions regarding this ITB must be k i _11" ; C L tu L'r submi'Lad online or, thic Collier Count Pur hasing Department OrJ ne Bk`,Jing System kvebsite: res,-,37,ses lc-, v,61! tea postra' on thie �,jittn e;lectronic not7jfit�-ation to ail Ail sokiiation responses rnust be i-nade on ilhe I 5 response lForlrns inc ud-sd and only available for download from the Collier County PUrchiasing Department Online Bidding System website noted herein. l!TB Document's obtained frcm sources other than Collier County ;10t be FCCUrake t or ctirrrant. Collier County encourages vendors to utilize recycled paper on all nnanual bid response submittals, Collier County dies not disq�Fj nil, rjr4,'Le2 tiase(.J on age, race, color, sex, religion, natianca: origin, disab'ii:tv or magi al s,a,"us. BOARD OF- COUNT"./ COKAMISSIONERS COLLIER COUNTY, FLORIDA BY: is/Jc2nne Markiewicz Director, Procurement Services Division ar�n site: C, P, 11 PUMC y pas"e�,d;' v-i! F;e It- bby of lha PUr&-aSiilCl, SU�ldi� g, on Auc��Usf' 2�, 2615. '1: n th Lt r co I i e C, - v � n t" C", 2 S ; n o an d i, j I I �. I I i"i-B 15-6477 it ernal boa: i,ztn,,_) P-2,cket P2..ge -1906- 3 12/6/2015 16.F.6. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Tourism Division (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County„) has issued this invitation to Bid (hereinafter, °ITB °) with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief description of Purchase onto hiy iniennet Marketing Services for Natal es, M.'arco Island, Everglades CVB. Historically, County depar meats have spent approximately $50,000 annually. Scope of Services Listed below are the services that the Naples, Marco island, Everglades Convention & Visitors Bureau (CVB) requires in monthly Internet Marketing Senlices. The successful vendor will provide consultation each month, ir,olusive of both phone and /or in person meetings,, to discuss strategy, impler7nn €anon and the effectiveness of tt.e C`. /B's search eng ^Gne optimizatior, (SEO) and Pay per programs. SEC Sem ices ® Website on -page optimization Internal Linking Optimization Ongoing Keyword research SEO sculpting, development & maintenance HT1,01- & Crawl Analysis p Meta Tag Optimization Title, description, and keyword Meta data optimization 6 Alternate Image Tag Optimization E Effective use of core search engine ok)tiMiZation strategies Ongoing Effective Link Building G Inbound link evaluation and generation 0 Ooogie Places. Maintenance (Local Seam' & Business Listings) Content generation including editorial creation for web use C Month!y detailed report of actions and results Googne PPG (Ad , crd) Services Bid placement & monitonng Gr~ Targeting accounts ® PPC Competitor analysis p Quality score optimization Negative I eyv ord managerneint Ad text management I0Eorlthlyt detai!eed reporting of pe ormance *N,0TE: If other services. n ra to be considered or aree available, 1pIease include [ ens I'lat on a `. separaie sheet of' paper and submo-t to BrendaC,,1ihar4tC coltlergov .net five days prier 13 bid due date. ITB 15 -5477 Internet Marketing Packet s=age -1907- � '1218/2015 16.F.6. � TneCV5 -equests@ monthly service fee to cover all SEO Services including monthly reporting, follow up and oonnuOaUon billed ono monthly basis. TheCVBnaqueSts8nmOnthk/ budgeted fee forGongk3 8rdS (Sponsored Listings) that will b� pF�-b|Ued to the CVB and managed by the vendor with @ minirnuFn �x �n��tuna of $1.O'O per, month. All unused monthly service 1irne @ Goog|8 funds will roi|over6aoh month and be credited to the CV8'saccount. j3 av,;ard criteria is as follows: ° /U}quss��DSon the Bid doounnen't shall be answered aato time requirements, and F qm document submission's. ^ �vvapd "hG8b�b�Sadup�nUlarSop�n��eto�||q��EAiO�s�ntheGid��SpOQ�a��Q8(��� * Fu�herconsider3bonrn8yinclude but not be)}mited�o.r�fea*nC��.00nlp|�ianeasmfbid response and past performances on other County bids/projects. m be read iO public ex3ot|yasinpu1Dnthe okectrOr-ic bid response form orm/r/tieRoD the nnenuaUy submitted Bid Response P8ge/8\at the time Of the bid opening; however, should �nerrorinoa)Cu\a0ononccUrvvheneve[unitpr|dngandpric8ex±gOgionsan3nSqU8Sted.thg aha i| pnawsi[� kX�lh�rra�in�� nniao2|uu|s�ion� rneybe co��Stad by CoVntyto pnzPernas�onse c Tas��ou/l�y'aPunChasin�Ospa�rnSntnassrmas�hehghttoc{�ri|vav�n�or'opropo�a|p[io[tO Yla tof the ao!i6iaUon- ° |t ��s -�h |nten1 Of Collier County to award to the |oV/es1, qualified and responsive vSndor/o\ in accordance with the following methodology: total of all services. = (�o!|i�r (�ounh/ resenass the hghtto 8S|ecto�a. o, nRO�� th8n one nupp|}ens. �om�VeF. i1 is the in�,�-nt�o select, one firm, = TheC�Untyr8ser/�siher|ghtk]iGSu��h]rrDs|�anina��Qrs1sQd�rd(�Qu����Ur:h�s�{}n��r forlhe award ofthis solicitation. The cou1nac� bemn. � �n �vvEr�'o� in�/r� nOmde is iQ��rK�� to b� for QOe U\ year with �vJ one /1\ year renema| ontionS. Prices shaiU r-ennaiQ fin-ii for the entire t,�.On of this DOntaot SUrnhe[Q$G will not beaccepted in conjunction with this contract, and such charges should be incorporated into the pr,'6ng Strt_!CtLlre P 'mctac-,`TlrnataMe LEst Dole for Receipt of Written QuE�stkms Deadline Date and, Time Co mi ner's Approval Date 8/27/15 0]----- PM �VS/15 _ Bv 9/11/15 VVraek of 9/15/15 N/A if under $50,000 5 ITS 15-6477 in',ernel ilarkeling Packet Page -1.908- 12/8/2015 16. F.6. Vendor Required Documents Submit the following forms with your bid package: • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W -9 • Attachment 7: Insurance and Bonding Requirement SEO Services ❑ Website on -page optimization ❑ Internal Linking Optimization ❑ Ongoing Keyword research ❑ SEO sculpting, development & maintenance • HTML & Crawl Analysis • Meta Tag Optimization • Title, description, and keyword Meta data optimization ❑ Alternate Image Tag Optimization • Effective use of core search engine optimization strategies • Ongoing Effective Link Building • Inbound link evaluation and generation ❑ Google Places Maintenance (Local Search & Business Listings) • Content generation including editorial creation for web use • Monthly detailed report of actions and results Google PPC (Adword) Services ❑ Bid placement & monitoring ❑ GEO Targeting accounts ❑ PPC Competitor analysis ❑ Quality score optimization ❑ Negative keyword management ❑ Ad text management ❑ Monthly detailed reporting of performance ITB 15 -6477 Internet Marketing Packet Page -1909- 6 Exhibit II: General Bid Instructions 1. PurpceeiObjective 12/8/2015 16.F.6. As r sted by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of abta?:,,J,�g bid responses from interested and qualified firms in ' accordance with the terms, condo. ions, and specifications stated and /or attached herein /hereto. The successful vendor will herein after be referred to as the "Vendor'. All bids must be submitted on the Bid form frur: b ;Fey by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be unless the Bid form is properly sue. Vendor is responsible to read and follow very care a'I-v, as any misinterpretation or failure to comply with these instructions cow,, a pro the bid submitted as being rejected as non-responsive. 2. Pric!n. Vert,:r ; ;Y .�vust provide unit prices using the unit of measured specified by the County. All prices wifi .. rrlain firm for a period of one hundred and eighty (180) calendar days from date of bid �=.fter award by the Board of County Commissioners, prices may only be adjusted as , Exhibit I: Term of :lntract, Did Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing tior all alternates as listed. The omission of a response or a no -bid or lack of a submitted ID-3 the basis for the rejection of the submitted bid response. All bids responses received ,Jiti ^.a' ;,riding for all alternates as listed will be considered technically non - responsive and will not be rrc,�i.sjdered for award. ,i-,y a_:,00unts or terms must be shown on the Bid form. Such discounts, if any, may be cor,.;id- _nxed in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. V ;:cr,r: taking exception to any part or section of these specifications shall indicate such on a separate sheet entitled "EXCEPTIONS TO SPEC[FICATIONC." Failure to i t i y exceptions to ti ?e specifications shall be interpreted as the Vendors intent to fully c �l���'1i ' ':'a/iti, the specifications as tvritten,. The County, at its sole discretion, shall determine if the are material in nature, and if the Vendor's exceptions may be declared grounds for i of bid proposal The C,)urnty reserves the right to formally amend and /or clarify the requirements of the bid speci' +�: tfons where it deems necessary. Any such addendum /clarification shall be in writing and shaa! IDv .:.fstributed eiecirenically to all parties who received the original bid specifications rip or to Eh ;le,; ".line for submission of Bids. Ali changes to this ITB will be conveyed electronics €fy through P. nc Nce of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who iT8 15-6471 Internet Marketing Packet Page -1910- 12/8/2015 16. F.6. downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 7. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net/bid. All paper bids shall be submitted to the County Procurement Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 8. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.collier- ov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 9. Protests Any prospective vendor who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 10. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non - responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non - responsive. 11. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier County Purchasing Ordinance. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal ITB 15 -6477 Internet Marketing Packet Page -1911- 8 12/8/2015 16. F.6. submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non - permanent structure such as a construction trailer, storage; s,ed, or other non- permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expanvio;, of employment opportunities, support and Increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writino their compliance with the foregoing at the time of submitting their bid or proposal to be eligible fcor consideration as a "local business" under this section. A vendor.who .misrepresents the Local -- reference status of its firm in a proposal or bid submit ed to the County will lose the P. "i'+. ege `o c ain, local Pref e rence status for a period of up to one yea;-. Under t ds solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status s a local busiriess. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contra",!, t ,1I! ?er County and its agencies arti.d EnStrJri Gi,t?fitiuS; wi €i �ive prefer :i ce to local bbus?nL` ,• s ,n the followin g manner. cF?p tfJVe bid' �rfE f7�iC Y Jp € Jr; . Each fo'"nial competitive bid solicitation shall clearly identify how the price order of the bids roceived v „il€ be evaluated and ,debarmined. When a qualified and responsive, non -local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the ;rice submitted by the non - €ocal business, there the local business �r�ith the apparent lowest bid ofi'er (i.e., the lowest local bidder) shall have the opportunity to submit an offer to rnatch the price(s), Tess one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder and the lowest !oval bidder are in fact qua.iified and responsive bidders. Next, the F'urchrsii,g Gepariment shall determine if the: io,,vast !oval bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to bi,;sinesses with drug -free work#ace programs). If "lie lowest local bidder meets the , - :quirei nen,s of Fla. Stat. Sec. 2 ;7.087; the Lurch; sing DepaI t � nt si,a!€ invite the lowest focal bidder to submit a matching offer, less one (1) dollar, within five (5) business days ti,:-;reafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less or,e ('Pr doii ar, f ro in the ncn -local bidder tendered €".'rf-viousIv, then award sha!! be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non -local bid pricc(u); then award efvill be made to the lowest overall qualified and responsive bidder. If the loges:' lo;r l bidder do *,s not meet ti,e rr,quirernent of Fla. Stat. Sec 237.087, and tl;e lowest gill ��u i,�,ade to the, blci that me.,is ti -.e rcquire :,s, -ts of the near == -local r�€ {.der does, �ti��:�.r�, � ,u � r �, �-.. reference state ir.4v. Bidder must complete and submit with their bid response tine Affidavit' for Claiming v'fatus as a Local' Business which is included as part of this solicitation. Faiiure on the part o'l� a Bidder to submit: this Affidavit wit h their bid response whi preclude said [3!dder from being considered for Focal preference on this solicitation. A Bidder who th Local 'Preference u6.at€ s of its firm in a hid submitted to the County will lase the pri''� I � j- �o c .air n Local � "f f rence s o to for a Ipe:l td of up t0 � e (1) year. Thy �it�u Yt o may, as It d:3ems naf weary /, .'Cal” duct discussions with raspons €€.sle bidders determined to be, in contention for being selected for award for the purpose of clarification to assure full undarstanding of, and responsiveness to solicitation requirements. ITS 15 -6477 Internet Marketing Packet P;gc- -1912- 12/8/2015 16. F.6 12. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States gild; to employ only individuals who are eligible to work in the United States. The '�--,imploymer,t Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet - based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including .orcfesslo SDI :3ervices and construction services. Exceptions to the program: Commodity based procurement where no services are provided. F -tl ere the requirement for thw affidavit is waived by the Board of County 'o;- emissioners Bidders are 'e wired to enroll in the E -Verify p } q y program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consist~ of a copy of the properly 'completed E- Verify Company Profile page or a copy of the fully execut ed EE- `verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall ie E- `.serif y Frogram. The affidavit is attached to the solicitation documents. If the i x s rte t r �: olv wi4h r�roviding boxh the : acceptable E- Verist e� =ider�ce ar�d the s idavit the Wdd :r's proposal sal ray b e deemed non-responsive. .dditioi-l?ii , vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the llowina viebsite: httc:% /�,krrvw.dhs.gov /E- Verify. it shall be the vendor's responsibility to familiarize thamselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of ig86 as located at 8 U.S.C. 1324, et seo. and regulations relating thereto, as either may be arner ded and with the provisions contained within this affidavit. ; ailur e by the awarded firm(s) to comply with 'the laws referenced herein or, the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. `s:a. Lobbying !3r ris are hereby placed on N10TICE: that the County Commiscion does not wish to be lobbied �3iths�� i d ;viduaNy or colle lively about a projiect for which it a firm has submitted a bid. Firms and the, iir agents Lire not to cor tact members of the County/ Commission for such ,purposes as rneetin;as of i ntroduction, 1unc!,- i9cns, dinners, etc. During the :lidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 14. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) In order to be "".`.onsidemd for awa,rd, firms must be registered with the Florida Department of State D' isions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of author ity (oj-vv ✓. sun biz. oro;search.htm1) prior to execution of a contract. A copy of the document rr,,ay be submitted with the solicitation response and the document number ITB 15 -6477 Internet Marketing Packet Page -1913- 10 112/8/2015 16. F.6. shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot arovide the document within the referenced timeframe, the County reserves the right to award to another firm. 15. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. in case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug -free workplace in accordance with Section 287.087 Rorida Statutes. Srould all vendors provide said certifica'.i tn; the County will give local vendor ; re ?:trance, 16. Bic€ x,'-- r, d Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Co! ier County Purchasing Department website on Wednesdays and Thursdays prior to the Cou€-t% Commission meet €ngs. Any actual or prospective respondent ,Pjho desires to formally prof' tlit: ,e=mnnarded contract award d rr' °T ""at file a r'o?'Jc of nfent io protest with the Proc`EFement Directo, w €shin tv�o (2) calenoal days (c :c1uJi o e k'-srods and Ccunity'` hrJ;idays) of • , of ,;K . p i; tino party the da;�. that the r cornnnended award ss posted. Upi of Rs. € :� said nc4,ice, she rc s << will ha•d five (5) days to file a formal protest and vJl! be )iOvan instructions as to the f0 rn`€ and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. ITB 15 -6477 €nternet €Marketing I� 11 Page age -1914- 12/8/2015 16.F.6. Exhibit 111: Standard Purchase Order Terms and Conditions Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and /or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and /or services, or any similar act by VENDOR. 3. Inspection All goods and /or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and /or services provided early in the term of the Purchase Order are non - conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made ` prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and /or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. ITS 15 -6477 Internet Marketing Packet Page -1915- 12 C: 7 91 VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase -or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification ITB 15 -6477 Internet Marketing 12/8/2015 16. F.6. VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non- Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs, and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section. 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on Packet Page -1916- 13 the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. r=urther, VENDOR acknowledges and without (-,xception or stipulation shall be fully responsible for complying with the provisions of the Irrsnsgr ,lion 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. Failure by the awarded firm(s) to compiv the laws referenced herein shall constitu e a breach of the award agreement and the o-,int, shall have the discretion to u IiIat, 1, 3! terminate said agreement immedlea e; y. Any breach of this provision may be regard ;r' by the COUNTY as a material and suvstG `: r, each of the contract arising from this Purr. -L Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be resp on. sihie for any delay or failure in performance resulting from any cause beyond their controi, including, but without limitation to war, s : ii._e:,, civil disturbances and arts of nature. 0V nen :" i' NOOR has 3cnovi1edc.:e of any actual or Potential ,' cy maieure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant ;nformation with respects to what steps VENDO F� is taking to complete delivery of the goods -end /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior wr tten co;;sent of the COUNTY. Any assignrnent made without such consent shall be deemed void. 16. Taxes Goods rnd senvices procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal iurchased or rented or se`'Y iti:.'es purchased ( Florida Statutes, Chapter 212), and from fedora! excise tax. 17. Annual Appropriation: The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may the terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and 12/6/2015 161.6. conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of loft such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR sill lall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorabie to the County and /or provide the greatest protection to the County shall govern. ITB 15 -6477 internet Marketing Packet Page - 1917- 14 12/8/2015 16.F.6. Exhibit IV: Additional ITB Terms and Conditions 1. Additionai Items and/or Services During tile contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Confil.-I'L of Interest Vender shall provide a list of any businesses and/or organizations to which the firm has any ,?ffi5a�on or obligations within the past five (5) years; whether paid or donated, which could be the County as a conflict of interest. Disclosure of any potential or actual conflict of � l, 'ere-cs-' is subiect to Count staff review and does not in and of itself disqualify a firm from n LY ­onsicsrc-Ation. Th.,ese disclosures are intended to identify and or preclude conflict of interest situati,:ms during contract selection and execution. 3. Vsmdlc�., Performance Eva!vaticn Collie:- County has implemented a Vendor Performance Evaluation System for all contracts award in excess of $215,000. To this end, vendors will be evaluated on their performance upon ` n _k .ar c,, agFe7rnent. 4. DedL1_-t;C,its for The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The Count;, rnay also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 5. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and cord,itions of tl his soNcitation. or resultant contract 16 other governmental entities at the discretion of the su.-cessful vendor. 6. Envi!,orimental Health and, Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply Mth a!i Occupational Saftety and Health Administration (OSHA), State and County Safety and Oocu,nalicrai Hea-!th Siandards and any other applicable rules and regulations. Vendors and Sub �rido-s Shall ins I`sii'i ii ?ls fur the safety of their employees and any unsafe acts or conditions ,:.hat m cause ir":tjpy or damage to any persons or property within and around the work site. All J firev,rali pen-a-ti-2tions must be pi-olkected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facilay, property arjd/cr rill tr<Jf_way for the purpose of inspection of any Vendor's work operations. This provision is non- negotiable by any department and/or Vendor. 7. .1 r:7 r- - CC , L agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. ITB 15-6477 Internet INIarketIfIg Packet Page -1918- 15 12/8/2015 16. F.6 8. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 9. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non - responsive. A Vendor with an office within Collier County is re uired to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252 -2477. 10. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair /replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired /replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County's project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 11. 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, the current Collier County Ethics Ordinance 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 contract held by the individual and /or firm for cause. ITB 15 -6477 Internet Marketing Packet Page -1919- 16 12/8/2015 16. F.6. 12. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerke- collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transferor other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or 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 contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in ITB 15 -6477 Internet Marketing Packet Page -1920- 17 12/8/2015 16. F.6 compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 13. Survivability The Contractor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 15 -6477 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 14. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall ITB 15 -6477 Internet Marketing Packet Page -1921- 18 12/8/2015 16.F.6. also notify the 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County, may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty -four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non - responsive. 16. Security and Background Checks If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing 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. 17. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. ITB 15 -6477 Internet Marketing Packet Page -1922- 19 12/6/2015 16.F.6. Additionally, the County at its sole option may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable • Pricing and availability of goods and /or materials provided under Vendor's agreements with material suppliers 18. Grant Compliance The purchase of any goods and /or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the uornpliance and reporting requirements of the granting agency. ITB 15 -6477 Internet Marketing Packet Page - 1923- 20 Aft 12/8/2015 16. F.6. Coder County Adze Services Department Proauement Services Division Attachment 1: Vendor Submittal Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 15 -6477 Internet Marketing ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature / Title Type Name of Signature Date: ITB 15 -6477 Internet Marketing Packet Page -1924- 21 Corirer County Administrative s oepartrr,ent Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashier's check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum. of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation 15 -6477 Internet Marketing • Opening Date 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date ITB 15 -6477 Internet Marketing Packet Page -1925- 22 Coiner Coslvity Administrative Services Departrnent Procurement Services Division Attachment 3: Vendor Submittal - Bid Response Form 1001, a Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 15 -6477 Internet Marketing Dear Commissioners: 12/8/2015 16. F.6. The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response f=orm. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net _ Days Bid Response is as follows: ITEM DESCRIPTION PER MONTH ANNUALIZED Monthly Fees Search Engine Optimization Services $ $ Media Fees Google AdWords* $ $ TOTAL $ _ $ *Fees are paid directly to Google *NOTE: If other services are to be considered or are available, please include this list on a separate sheet of paper and submit to BrendaBrilhartCaD-colliergov.net five` days prior to bid due date. Company Name Authorized Signature Date Note: The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. ITB 15 -6477 Internet Marketing Packet Page -1926- 23 .12/8/2015 16.F.6. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 2015 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number Signature / Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address ITB 15 -6477 Internet Marketing Packet Page -1927- 24 12/8/2015 16. F.6. Coder County Administrative Services Department Procurement Services Division Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 15 -6477 Internet Marketing (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non - permanent structure such as a construction trailer, storage shed, or other non - permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents. the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Address in Collier or Lee County: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: Title: Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of 120 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) ITB 15 -6477 Internet Marketing Packet Page -1928- 25 12/8/2015 165.6. Corer Cotit>Kty Administrative Servims Departrrrent Proamff eM Services Division Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: 15 -6477 Internet Marketing This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E -Verify program, may deem the Vendor / Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name Title Signature State of County of Date The foregoing instrument was signed and acknowledged before me this day of 120__, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. ITB 15 -6477 Internet Marketing Packet Page -1929- 26 12/8/2015 16. F.6. Administrative Services Department Procurement SerAces Division Attachment 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name _Corporation (as shown on income tax return) _Tax Exempt (Federal income tax - exempt entity Business Name under Internal Revenue Service guidelines IRC (if different from taxpayer name) 501 (c) 3) Address City State Zip Telephone FAX Email Order Information Remit / Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual / Sole Proprietor _Corporation Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, l certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number ITB 15 -6477 Internet Marketing Packet Page -1930- 27 12/8/2015 16. F.6. C; i comity Administative services Depar irnent Procurement Services Division Attachment 7: Vendor Submittal - Insurance and Bonding Requirements In`suiance,/ Bond TypeY- Required Lm�ts 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ❑ Employer's Liability 3. ❑ Commercial General Liability (Occurrence Form) patterned after the current ISO form $ single limit per occurrence Bodily Injury and Property Damage $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /Consultant in the performance of this Agreement. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability ❑ Valuable Papers Insurance $ Per Occurrence $ Per Occurrence ITB 15 -6477 Internet Marketing Packet Page -1931- 28 12/8/2015 16. F.6. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. LJB 8/25/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Date Telephone Number ITB 15 -6477 Intemet Marketing Packet Page -1932- 29 ex� q 4� II Packet Page -1933- 12/8/2015 16.F.6. d YRIi Mp� 6' N HIM IIIIIIIIIIIIII III P 8 1 E� E IIIIII 111111111111111111 IS E 19 I W II Packet Page -1933- 12/8/2015 16.F.6.