Agenda 11/12/2013 Item #16F1Proposed Agenda Changes
Board of County Commissioners Meeting
November 12, 2013
Add On Item 11D: Recommendation to approve an emergency declaration extending the hours associated
with excavation and hauling activities for Stewart Mine in order to facilitate the expedited completion of the
current beach renourishment project. (Staff request)
Move Item 16C2 to Item 11E: Recommendation to direct the County Manager or his designee to
advertise an ordinance amending Ordinance No. 2001 -73, as amended, the Collier County Water -Sewer
District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility
with the Collier County Consolidated Impact Fee Ordinance, as amended. (Staffs request)
Withdraw Item 16D2: Recommendation to approve five (5) releases of Affordable Housing Density Bonus
liens due to properties being sold at less than the original purchase price. (Staffs request)
Continue Item 16DII to December 10, 2013 BCC Meetine: Recommendation to approve three (3)
Subrecipient Agreements for the U.S. Housing and Urban Development (HUD) Community Development
Block Grant (CDBG) projects previously approved for funding in amended FY2011 -2012 and FY2012-
2013 HUD Annual Action Plans approved by the Board on October 8, 2013. (Staffs request)
Move Item 16F1 to Item 11F: Recommendation to approve the selection and
contract of Aviareps for tourism representation services in Brazil, authorize the
Chair to sign a County Attorney approved contract, and make a finding that this
expenditure promotes tourism. (Commissioner Henning's request)
Move Item 16K3 to Item 1211: Recommendation that the Board of County Commissioners adopts the
attached Resolution to amend the current policy regarding reimbursement of travel and expenses
incurred by County Commissioners in the performance of their official duties. (Commissioner Coyle and
Commissioner Fiala's separate requests)
Move Item 17B to Item 9C: Recommendation to adopt an Ordinance repealing the ordinances which
created the Animal Services Advisory Board, the Solid Waste Management Advisory Committee, the
Collier County Public Health Unit Advisory Board, the Collier County Council of Economic Advisors, the
Marco Island Vision Planning Advisory Committee, and the County Government Productivity
Committee. (Commissioner Coyle's request)
Move Item 17C to Item 91): Recommendation to adopt an ordinance amending Chapter 74 of the Collier
County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance,
providing for modifications directed by the Board of County Commissioners related to a change in the
timing of payment of impact fees to issuance of a certificate of occupancy, the inclusion of Water and
Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial
Redevelopment" and including additional minor updates or corrections related to "Adult Only
Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland
Water District. (Staffs request)
Proposed Agenda Changes
Board of County Commissioners Meeting
November 12, 2013
Page 2
Note:
Item 16E4: Page 6 of the Federally Funded Subgrant Agreement, Section 11 Remedies, should read:
If an Event of Default occurs, then the Division may shall, after thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of
the following remedies, either concurrently or consecutively. (State's request)
Time Certain Items:
Item 12A to be heard at 11:00 a.m.
Item IIC to be heard at 2:30 p.m.
Item HE to be heard immediately following Item 9D
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11/12/2013 16.F.1.
EXECUTIVE SUMMARY
Recommendation to approve the selection and contract of Aviareps for tourism
representation services in Brazil, authorize the Chair to sign a County Attorney
approved contract, and make a finding that this expenditure promotes tourism.
OBJECTIVE: Review the selection of a representation firm in Brazil to represent the
Naples, Marco Island, Everglades Convention & Visitors Bureau in providing selected
services which support tourism.
CONSIDERATIONS: The Tourism staff conducted a search for representation to assist
staff with recruitment from the growing Brazilian tourism market; the budget is $50,000.
Staff entered into an arrangement with the Palm Beach tourism bureau to cooperate in
identifying and securing tourism and marketing services for both counties. Each county
independently requested proposals; Collier County's process was similar to the process
identified in the Board's Purchasing Policy. Consistent with typical solicitation protocols,
a well documented scope of work, timeline and evaluation criteria (experience,
qualifications, understanding /meeting goals and price) were developed.
In addition to web -site advertisements and a local media announcement, twenty -nine
(29) companies with tourism offices located in Brazil were contacted via email; nine (9)
firms submitted proposals. This outreach to the Brazilian vendor community was
accomplished through the efforts of Palm Beach County's tourism officials. Staff from
Palm Beach and Collier County independently critiqued, scored and ranked the
proposals using the established criteria.
Staff met with the Palm Beach tourism staff on August 15, 2013, and reviewed
individual scoring and agreed upon the four top ranked firms.
1. Aviareps
2. TM /PR Latin America
3. Vertbratta Communications
4. Interamerican Network
Staff then arranged a SKYPE on line conference call with each of the four top
candidates and the two county tourism staffs, and asked each of the firm
representatives a series of basic questions, plus clarifying questions concerning their
individual RFP responses.
The unanimous choice of both the Collier tourism staff and the Palm Beach tourism staff
was AVIAREPS in Sao Paulo, Brazil. This firm offered the best and most responsive
proposal and interview for the scope of services. Aviareps staff was able to negotiate
the cost of their services to match the annual budget for these services.
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11/12/2013 16.F.1.
The annual purchase price for this contract is not anticipated to exceed $50,000, as that
was the budgeted amount. Should staff need to secure additional services to this
contract, it will be executed per the current Board Purchasing Policy for change orders.
Tourism staff recommends that the Board approve the selection of Aviareps from Sao
Paulo, Brazil and authorize the chairwoman to sign a County Attorney approved
contract. The Palm Beach tourism bureau is proceeding with a similar award.
FISCAL IMPACT: $50,000 is budgeted in FY 14 for tourism representation services in
Brazil in Fund 184. Cost agreed to by Aviareps is $49,500.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan from this action.
ADVISORY BOARD RECOMMENDATION: The TDC reviewed this item at the
September 23, 2013 meeting and recommended approval (5-0).
LEGAL CONSIDERATIONS: Although the Tourism Department did not strictly follow
the Purchasing Policy, the Department did engage in a competitive solicitation process.
As this is not a CCNA solicitation with strict statutory requirements, the RFP process
used by staff did provide for competition and with approval, the Board may waive any
irregularities in the process pursuant to Section VI (E) of the Purchasing Policy. This
item has been approved as to form and legality and requires majority vote for approval. n
— CMG
RECOMMENDATION: That the Board of County Commissioners approves the
selection and contract of Aviareps for tourism representation services in Brazil,
authorizes the Chair to sign a County Attorney approved contract, and makes a finding
that this expenditure promotes tourism.
PREPARED BY: Jack Wert, Tourism Director
Attachments
• The scope of services document
• A list of the twenty-nine-(29) South American companies that offer representation
in Brazil who received the scope of services as identified by both county tourism
organizations and from data collected in Brazil
• The selection criteria and points of the review process that was used to
determined the ranking of nine responding firms to the RFP.
1. Staff (Debi DeBenedetto and Jack Wert) reviewed the nine (9) responses
and scored and ranked the firms according to the criteria listed in the
scope of services.
2. The Palm Beach tourism bureau formed their own selection committee to
review the nine respondents.
• A draft of the contract for these services between Collier County and Aviareps
which was reviewed by the County Attorney's Office. n
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11/12/2013 16. F.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.1.
Item Summary: Recommendation to approve the selection and contract of Aviareps for
tourism representation services in Brazil, authorize the Chair to sign a County Attorney
approved contract, and make a finding that this expenditure promotes tourism.
Meeting Date: 11/12/2013
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
10/9/2013 8:51:57 AM
Submitted by
Title: Director - Tourism,Tourism
10-1*1 Name: WertJack
10/9/2013 8:51:59 AM
Approved By
Name: WertJack
Title: Director - Tourism,Tourism
Date: 10/9/2013 3:08:06 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 10/14/2013 3:10:57 PM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing & General Services
Date: 10/15/2013 8:24:25 AM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 10/15/2013 4:02:09 PM
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Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/15/2013 6:21:05 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/16/2013 8:09:00 AM
Name: OchsLeo
Title: County Manager
Date: 11/2/2013 9:40:28 AM
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11/12/2013 16.F.1.
11/12/2013 16. F.1.
Naples, Marco Island, Everglades County Convention and Visitors Bureau
2800 N. Horseshoe Drive; Naples, FL 34104
Request for Proposals for Brazilian Representation
The Contact Person at the CVB for this RFP is: Jack Wert, 239 - 252 -2402 or iackwertC�colliereov.net
One (1) unbound original and (5) copies (for a total of 6) of all proposals must be received in the offices
of the Bureau by 2:00 p.m. U.S. EST on July 19, 2013. Responses to this Request for Proposal will not be
accepted by fax, and must be delivered via postal mail, express mail or e- mailed to:
Naples, Marco Island, Everglades Convention & Visitors Bureau
ATTN: Jack Wert
2800 N Horseshoe Drive
Naples, FL 34104
USA
SIGNATURE PAGE
One original Signature Page must be signed in ink -- by an individual authorized to legally bind the business
submitting the Proposal - -and affixed to the original Proposal. A copy of the completed and signed Signature
Page must also be affixed to each Proposal copy.
NAME OF FIRM:
CONTACT NAME: TITLE:
SIGNATURE: DATE:
ADDRESS:
TELEPHONE: MAIN: �_) CELL: ( )
EMAIL ADDRESS: FAX:
CORPORATION organized under the state (Country) of
ID NUMBER
Authorized to do business in Florida? _(Yes /No)
FIN of FEI Number: if Company, Corporation or Partnership
Social Security Number: if Individual
Timeline
RFP Released: Wednesday, June 26, 2013
Question Clarifications Deadline: Friday, July 5, 2013 at 4:00 p.m. U. S EST
Clarification Response: Friday, July 12, 2013 at 3:00 p.m. U.S. EST
Proposal Deadline: Friday, July 19, 2013 at 2:00 p.m. U.S. EST ( "Deadline ")
Selection Committee Starts Meeting: Monday, July 29, 2013
.-. Contract Start Date: Tuesday, October 1, 2013
Note: Timeline may be altered at the discretion of the CVB and /or the RFP Selection Committee. Written
notice will be issued upon any changes in schedule.
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11/12/2013 16. F.1.
Naples, Marco Island, Everglades Convention and Visitors Bureau
Request for Proposals for Brazilian Representation
A. Background.
The Naples, Marco Island Everglades Convention and Visitors Bureau (the "CVB ") a division of Collier
County Florida Government, desires to enter into an agreement for the provision of Representation
Services in Brazil as part of their International destination marketing efforts.
B. Purpose
The purpose of this RFP is to seek and retain a qualified firm to act as the CVB's representative in the
Brazilian market, promoting Naples, Marco Island and the Everglades as a premier travel
destination. Contracted services will include the development and execution of a comprehensive,
targeted, creative and brand - aligned, destination - focused sales program that speaks to "Florida's
Paradise Coast" and works in tandem with the CVB's advertising and marketing initiatives.
C. Expectations
The successful proposer will execute the scope of work in a timely, professional and cost effective
manner; be fully knowledgeable about the Naples, Marco Island and the Everglades tourism product
and be highly knowledgeable about travel trends and industry contacts in Brazil influencing the
outbound Brazilian travel market.
D. Scope of Services
Refer to the attached Scope of Work, Exhibit "A ", as a basis for your proposal response.
E. Term of Agreement
A contract will be issued by the CVB for an initial term of one year with two one year renewal
options at the election of the County.
F. Compensation
Compensation is negotiable based on the agreed upon scope of services.
G. RFP Terms and Conditions
1. Preparing a Response
This RFP contains instructions governing the proposals to be submitted and a description of the
mandatory requirements. To be eligible for consideration, a proposer must meet all minimum
qualifications. Compliance with the intent of all requirements will be solely determined by the
CVB Review Committee. Responses that do not meet the full intent of all requirements listed in
this RFP may be subject to point reductions during the evaluation process, or may be deemed
non - responsive.
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2. Rights Reserved
While CVB has every intention to award a contract as a result of this RFP, issuance of the RFP,
n evaluation of the proposals, and even the selection of a successful proposer by the Selection
Committee in no way constitutes a commitment by the CVB to award a contract. The CVB, in its
sole and absolute discretion, and for any reason or no reason, reserves the right to:
/"1*1
a) Postpone, cancel or terminate this RFP at any time;
b) Re- advertise this RFP;
c) Reject any or all proposals, or parts of any and all proposals, received in response to this
document;
d) Waive any undesirable, inconsequential, or inconsistent provisions of this document, which
would not have significant impact on any proposal;
e) Waive any minor irregularities in this RFP or any proposals received in response to this RFP;
or
f) Not award any contract, or, if awarded, terminate any contract.
3. Development Costs
Neither the CVB nor Collier County, Florida shall be liable for any expenses incurred in
connection with work performed, travel, or any and all other expenses incurred in the
preparation or submission of a proposal or other participation in this proposal process. All
expenses incurred with the preparation and submission of proposals to the CVB, or any work
performed in connection therewith, shall be borne by the proposer.
4. Materials Ownership
All materials submitted in response to this RFP become the property of the CVB. All drawings,
maps, sketches, programs, data bases, reports, plans, strategies, marks, logos, ad language,
pictures and other data developed or acquired pursuant to any proposal submitted in response
to this RFP or provided during a presentation by a proposer or under a contract entered into
between the CVB and successful proposer, or at the CVB's expense, shall be and remain the
CVB's property and may be reproduced, copied, published, distributed and reused at the
discretion of the CVB, TDC or County. For example, the future marketing strategy of CVB, TDC or
the County may include ideas and strategies presented by proposers or the successful proposer
while under contract.
5. Working Relationship
It is important to note that due to circumstances beyond the CVB's control, the need may arise
for immediate action or response from the contracted agency. The successful proposer is
expected to understand the inner workings of a tourism /service- oriented bureau, and have the
ability to provide a high level of quality account service no matter what timelines or deadlines
are imposed.
6. Rights to Intellectual Property; Confidentiality
The proposer shall not acquire any interest in or rights to the name "Naples, Marco Island,
Everglades " or the name "Naples, Marco Island, Everglades Convention & Visitors Bureau," or in
any of the materials provided by or created for the County. Proposers are hereby notified that
all information submitted as part of, or in support of, proposals will be available for public
inspection after opening of proposals, in compliance with Chapters 119 and 286, Florida
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Statutes, popularly known as the "Public Records Law" and the "Government in the Sunshine
Law" respectively.
7. Change of Ownership /Management "1
Should any of the following occur: merger, changes in ownership, receivership, bankruptcy,
etc., it will be the obligation of the proposer to notify CVB of such change and the CVB may, in
its sole and absolute discretion, elect to immediately discontinue negotiations with said
proposer.
H. Minimum Qualification of Bidders
1. Must be licensed to do business in Brazil and hold the appropriate insurance coverage as
evidenced by proof from the proposer's local jurisdiction.
2. Must have a minimum of three (3) years prior experience executing the required services
described in the Scope of Work, Exhibit "A" for a comparable North American destination or
hotel company.
3. Must provide a minimum of two (2) references of clients who have utilized services as identified
in this RFP that CVB can contact for a reference. For each reference, indicate the following:
Contact Name and Title
Contact Company Name
Contact Phone Number and email address
Industry of Client
Service Description �.
Length of Relationship
4. Experienced in operating a sales and marketing organization particularly related to
representation services for a U.S. destination or hotel company. Please list Past /Current US
Destinations that you have represented in Brazil.
5. Reasonable knowledge of South Florida and the Naples, Marco Island, Everglades area is highly
recommended.
6. Must have an office or operate from a major Brazilian metropolitan area, preferably in Sao Paulo
and /or Rio de Janeiro.
1. Proposal Documents /Requirements
1. Proposal Content
Provide an Executive Summary giving an introduction of the proposer's organization, including a
brief history, location of the office where work will be performed, certification/ documentation
of satisfaction of minimum qualifications, contact person for contract negotiations, as well as
any other information that will assist in our selection process. Proposals should contain a Table
of Contents. The Table of Contents should outline, in sequential order, all of the areas of the
proposal allowing for clarity and ease of review.
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2. Conflict of Interest
A list of the current members of the Collier County Commission and the Tourist Development
Council (TDC) is published on www.colliergov.net or is available from the Contact Person
referenced in Section J(1). Each proposer shall disclose any and all business affiliations or any
other associations that could potentially be considered a conflict of interest with any member of
the County Commission or TDC and / or staff of the CVB.
3. Contract Manager/Team
Provide the name and resume of the person who will be the account manager for the contract
(if not assigned, what level of experience the account manager has), as well as for principals, key
staff and other employees who will be directly and indirectly involved in performing the work,
and identify projects of a similar nature in which the staff member has been involved. The
proposer should also provide a description of the role of each staff member who will be
responsible for handling and monitoring the contract.
4. Scope of Work
Provide a narrative addressing all points listed in the Scope of Work attached as Exhibit "A ". In
addition, the proposer should address the following key areas within their response as part of
the Scope of Services, or as separate statements. Submit one page maximum for each item a - d
below:
a) Brazil travel market overview and marketplace conditions impacting sales and marketing
initiatives;
b) Competitive brief outlining the Naples, Marco Island, Everglades area's opportunities in
relation to Miami and Orlando destinations;
c) Any strategic alliances which might augment the program by providing possible cooperative
funding for promotions
d) Include any "Big Ideas" that would support the CVB's sales and brand awareness efforts in
Brazil.
5. Samples
Provide a maximum of three (3) samples of sales campaigns supporting the proposer's ability to
satisfactorily perform the requirements listed in the scope of work, attached as Exhibit "A ".
Samples provided must be for work performed within the past five (5) years.
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6. Budget and Compensation /Fees
Provide a recommended Budget based on the Scope of Work, Exhibit "A ". The actual contracted
budget will be based on the agreed upon the Scope of Work and budgetary limitations imposed
on CVB as part of its budget approval process with the County. Provide budget breakdown in
the following format:
• Monthly base fee
- State whether the base fee is inclusive of all out of pocket business travel expenses
• If out of pocket travel related expenses are not considered part of the base fee, provide
an estimated annual breakdown to include business only travel, entertainment,
miscellaneous printing and promotional items
7. Additional Information
Information considered by the proposer to be pertinent to this project or relevant to your ability
to service this account and which has not been specifically solicited in any of the
aforementioned sections may be placed in a separate appendix section. Proposers are
cautioned, however, that this does not constitute an invitation to submit large amounts of
extraneous materials. Appendices should be relevant and brief.
8. Amendments to RFP
It is the proposer's responsibility to assure receipt of all amendments. The proposer shall verify
with the designated contact person (See Section H (1)) prior to submitting a proposal, the
number of amendments that have been received. Each amendment to the RFP shall be signed
by an authorized person and shall be submitted with the proposal or the proposal shall be
deemed non - responsive.
9. Exceptions to the RFP
All exceptions taken must be specific, and the proposer must indicate clearly what alternative is
being offered to allow the CVB a meaningful opportunity to evaluate the proposal. Proposers
are cautioned that submitting an alternative proposal does not relieve the proposer from
submitting the "Minimum Requirements" as stated in Section G above. The CVB is under NO
obligation to accept any proposed exceptions or alternatives.
10. Commencement of Work
This RFP does not, by itself, obligate the CVB or Collier County. The CVB's obligation will
commence upon written notice to the proposer. The CVB may set a different starting date for
the contract or propose terms, provisions and conditions different than what is contained in this
RFP or in the successful proposer's proposal. The CVB will not be responsible for any work done
by the proposer, even work done in good faith, if it occurs prior to the contract start date set by
the CVB.
11. Insurance Requirements
The successful proposer shall, on a primary basis and at its sole expense, maintain in full force
and effect, at all times during the life of the Contract, insurance coverage and limits (including
endorsements) as required by Collier County Florida Government. Failure to maintain the
required insurance shall be considered default of the contract.
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J. Proposal Procedures
1. Proposal Submission
One (1) unbound original and five (5) copies (for a total of 6) of the complete proposal must be
received by July 19, 2013 at 2:00 p.m. U.S. EST. All materials except promotional campaign
samples must be submitted in English. The original and all copies must be submitted in a sealed
envelope or container. The envelope or container should be addressed as follows:
Naples, Marco Island, Everglades Convention and Visitors Bureau
ATTN: Jack Wert
2800 N. Horseshoe Drive
Naples, FL 34104
USA
Hand - carried proposals may be delivered to the above address ONLY between the hours of 9:00
a.m. U.S. EST and 5:00 p.m. U.S. EST, Monday through Friday, excluding Holidays, except on the
Deadline when proposals are due at 2:00 p.m. U.S. EDT. It shall be the proposer's sole risk to
assure delivery at the CVB at the designated office at the designated time. The submission of a
signed proposal by a proposer will be considered by the CVB as constituting a legal offer by the
proposer to perform the required services at the proposed price identified therein.
Proposer may submit a modified proposal to replace all or any portion of a previously submitted
proposal until the Deadline for receipt of proposals. The CVB will only consider the latest
proposal submitted. Failure to submit a complete and responsive proposal shall result in
automatic rejection of the proposal.
A proposal may be withdrawn only by written notification. Letters of withdrawal received after
the Deadline for receipt of proposals will not be accepted unless the contract has been awarded
to another vendor or no award has been made within forty five (45) days after the Deadline for
receipt of proposals. Unless withdrawn, as provided in this subsection, a proposal shall be
irrevocable until the time that a contract is awarded.
Proposals and /or modifications to proposals received after the Deadline for receipt of proposals
specified in the RFP Timetable (Page 1) are late and shall not be considered.
Proposers requesting clarification or interpretation of any section or sections contained in this
RFP shall make a written request via email to the office of Jack Wert, iackwertPcolliereov.net
by 4:00 p.m. U.S. EST, on July 5, 2013. Written answers will be shared with all proposers via
email by 3:00 p.m. U.S. EST, July 12, 2013.
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2. Evaluation Criteria
Proposals will be evaluated by the CVB Selection Committee according to numerical scores with
respect to the following criteria:
a) Experience and Qualifications of Professional Personnel (Max. 40 Points)
The proposal will be evaluated based on the strength of the Proposer Firm (and any
approved subcontractors); including the experience and qualifications of managerial and
professional personnel assigned to the project (the duties of each individual will be stated
by the Proposer). This evaluation will include, but not be limited to:
• Demonstrated record of ability to provide the specific services to the specifications set
forth in the Scope of Services;
• Years of experience of firm and personnel and number and quality of previous and
present tourism marketing clients;
• Recommendations from previous and present tourism marketing clients regarding the
quality of work performed on their behalf;
• Organization depth, facilities and support staff;
• Financial stability and years of operation.
b) Understanding the Needs and Goals of CVB (Maximum 30 Points)
The proposal will be evaluated based on the Proposer's understanding of the needs and
goals of CVB as demonstrated in the strategies, approaches and resources to be applied to
CVB's account as described in the proposal.
c) Total Contract Price (Maximum 30 points)
The CVB is seeking a proposal that offers significant value and maximum user impact. While
competitive pricing will be a factor in scoring these criteria, it may not be the determining
component. The proposer with the lowest price is not assured of winning the contract.
3. Award of Contract
The award, if any, will be made to the proposer whose proposal is considered to be the most
advantageous to the CVB in the best interest of the County's tourism promotion and
development program. The CVB reserves the right, at its sole discretion, not to make an award
and to rebid this RFP in part or in its entirety regardless of circumstance. The CVB also reserves
the right to reject the proposal from any contractor who has previously failed in proper
performance of an award or to deliver on -time services under contracts of a similar nature or
who is not in a position to perform properly under this award.
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The apparent successful proposer will be notified of the recommendation for award. A contract
must be negotiated, completed and executed by the successful proposer and the CVB before it
becomes valid and effective. If this condition is not met in a timely manner through no fault of
10—kl the CVB, the CVB, at its sole discretion, may elect to cancel the recommended award to that
proposer and make the award recommendation to the next most advantageous proposer. This
process may continue until such time as the CVB has finalized a contract or determined to cancel
the procurement in its entirety.
The award document will be a contract incorporating by reference the terms and conditions of
the solicitation and the Contractor's proposal as negotiated.
1. Schedule of Exhibits
A. Scope of Work- Attachment "A"
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Brazilian Representation Services for Naples, Marco Island, Everglades Floi .11 /12/2013 16. F.1.
SCOPE OF WORK 2013 -14
Attachment "A"
Services Required:
1. Submit an annual sales and marketing plan for leisure sales, tour operator /wholesaler sales,
travel industry training, promotions and other services required to showcase the tourism
attributes of the Naples, Marco Island, Everglades area or Florida to include a proposed budget
and trade show participation for the Brazilian market on behalf of the Naples, Marco Island,
Everglades CVB, a division of Collier County Florida Government, hereinafter referred to as
"CVB".
2. Propose a monthly service fee to cover all time for account management, administrative costs
and creative time necessary to create and produce promotions.
3. Assist in identifying and providing recommendations for Tour Operator Brochure placement and
other media buying opportunities. Advertising costs, if any to be handled separately through
the CVB advertising budget.
4. Call on travel - related organizations; including tour operators, receptive operators, airline retail
travel agents, along with meeting planning, incentive, car rental and airline companies, with no
less than 20 personal visits to the offices of these organizations, during each one month
reporting period, to increase awareness of the Naples, Marco Island, Everglades area of Florida
in key target markets in Brazil.
5. Provide in -house storage and fulfillment services of publications /literature to trade and
consumers, maintaining and distributing CVB collateral and Collier County hotel and attractions
collateral as needed. Facilitate the sourcing of services related to local printing, promotional
flyers or other collateral to be billed separately from this agreement.
6. Assist in the scheduling, planning and participation in two travel agent /tour operator
Destination Reviews (Fams) during each annual contract period. The successful firm will make
its best effort to obtain complimentary airline participation (i.e. seats) and to qualify
participating agents. CVB staff will organize itinerary and assist in all arrangements for
participation in Destination Reviews. The firm will be required to provide one of the firm's staff
members to accompany the group. All Destination Review visits are contingent on securing
complimentary airline transportation by the firm, with CVB confirming all hotel and itinerary
arrangements for Destination Review.
7. Demonstrate database capabilities and appropriate reach for the best distribution of
Newsletters and Press Releases as generated by the CVB PR & Communications Team and other
communications generated by the CVB and /or approved industry organizations. Distribution to
include comprehensive list that targets the travel trade, tour operators, meeting and incentive
planner's media, airline and car rental representatives.
1
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8. Provide translation services when required, for CVB marketing materials such as press releases,
collateral, advertising pieces and travel industry Newsletters, among others.
9. Participate in a mutually agreed upon set of trade shows and events in Brazil (such as ABAV,
World Travel Market and others), including booth setup, staffing and scheduling of
appointments. Communicate requests for PR opportunities associated with such events to the
CVB International Sales representative. Costs associated with setup and registration expenses
will be paid separately by the CVB.
10. When travel outside the city or state of the firm's principle office required and is pre approved,
the successful firm will adhere to the Collier County, Florida Government
procurement /purchasing limits, policies and guidelines for all travel and entertainment related
expenses. These will be provided to firm upon award of the contract. Collier County will
reimburse the successful firm for reasonable pre approved travel and entertainment related
expenses in these circumstances, with maximum limits to be established.
11. Submit a monthly report by the 10`h of the month covering all key deliverable items on this
scope of work in the format acceptable to the CVB and submit an annual recap report
summarizing the year's activities and plans projected for the following year's activities. Monthly
reports will be submitted with monthly representation retainer invoices. Upon receipt of both,
payment will be processed. Monthly and Annual reports shall include, but not be limited to, the
following items:
n • Market Overview: Brief highlights for Brazil market trends, statistics.
• Sales: Key Account solicitations, Calls and Email Campaigns Results to each Brazilian market
segment (Tour operators, group tour operators, Travel Agencies, Meeting and Incentive,
Airline and Rental Car Companies); using CVB recommended format.
• Marketing / Media: Key developments in the area of Marketing, Media and PR /Editorial
opportunities, or placements.
• Database: Actual contacts provided in excel format with Name, Title, Address, Phone, and
Email columns completed.
• Tracking / Reporting Matrices as follows:
➢ Tracking room night production for top 10 Receptive Tour Operators
➢ Number of Naples, Marco Island (Collier County) hotels added to existing Top
Operator's list
➢ Collier County destination added as featured Tour Program offered
➢ Media /Marketing /PR opportunities uncovered through sales efforts
➢ Database Growth in real numbers month over month.
12. Assist in the creation of a comprehensive contact database to include tour operator /travel agent
and meeting planner and consumer contacts. While representing CVB at tradeshows,
promotions and sales calls, all contacts initiated are to be considered the property of CVB and
are to be submitted on a monthly Excel spreadsheet, attached to the monthly report, in a
format acceptable to CVB.
2
Packet Page -3072-
11/12/2013 16.F.1.
13. Assist CVB in developing a strategy for securing international air charters or scheduled air
service from key markets by providing contact information, scheduling meetings and conducting
follow -up as needed.
14. Maintain close working relations with VISIT FLORIDA, Brand U.S.A. and the Brazilian tourism
industry associations, including Visit USA Organizations and Braztoa, among others.
15. Provide pricing for additional marketing related activities outside the scope of work as
opportunities develop or as requested by the Naples, Marco Island Everglades CVB.
3
Packet Page -3073-
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Packet Page -3076-
11/12/2013 16. F.1.
AGREEMENT
for
Tourism International Representation
THIS AGREEMENT, made and entered into on this day of 2013, by and between
AVIAREPS., a registered company in Brazil and Munich Germany registration number
and tax ID number whose business address is Praca da Liberdade, 130 -
1011, Floor, Suite 1001, Liberdade Plx 01503 -010, Sao Paulo Brazil hereinafter called the
"Contractor" and Collier County (The Naples, Marco Island, Everglades Convention &
Visitors Bureau (CVB), a division of Collier County Florida Government), a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County" for
representation services on behalf of the COUNTY in Brazil.
WITNESSETH:
1. COMMENCEMENT. This Agreement shall commence on the date of approval by the
Collier County Board of County Commissioners. The contract shall be for a three (3)
year period, commencing on date of contract execution. 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 one (1) additional three (3) year
period. The County shall give the Contractor written notice of the County's intention to
extend the Agreement term not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide professional services for
representing Collier County in Brazil and other South American countries as designated
by the County, in accordance with the terms and conditions of the RFP dated June 26,
2013 the Contractor's bid referred to herein and made an integral part of this agreement.
This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County Project or Contract Manager or his designee, in compliance
with the County Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement an estimated maximum amount of forty nine thousand five hundred
dollars (849,500 annuall�, based on the costs outlined below, subject to modifications as
approved in advance by the County. Payment will be made upon receipt of a proper
invoice and upon approval by the Project Manager or his designee, and in compliance
with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt
Payment Act ".
Page 1 of 4
Packet Page -3077- P
11/12/2013 16. F.1.
The retainer fee covering all representation expenses within the City of Sao Paulo Brazil
on behalf of The COUNTY is agreed at US $4,125 per month commencing October 1,
2013 through September 30, 2016 and shall be billed monthly in arrears by Contractor.
The annual cost of this agreement shall not exceed US $49,500 including service fees
(retainer) and travel and other related expenses within Sao Paulo Brazil. Additional
expenditures by the Contractor on behalf of the County must be authorized in advance
by the COUNTY by written Change Order to this agreement executed by the parties.
Travel expenses outside of Sao Paulo Brazil must be pre- approved and in compliance
with the TDC Travel Resolution 2006 -40 as amended.
Administrative and office costs are included in the above mentioned retainer fee,
including: stationery, insurance and rent for the sales office. The retainer fee does not
include the cost of: travel by car, train, or air for regular sales calls to agents and
operators, educational trips and trade shows outside of Sao Paulo Brazil.
The retainer fee is agreed to at the exchange rate of 1 BRL (Real) = $0.443 US. Should
the exchange rate fluctuate more than 10 %, the retainer fee will be renegotiated
commencing the next fiscal year.
3.1 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 contract. Any untimely submission of invoices bevond the
n 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.
4. TAXES. 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.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
AVIAREPS
Praca de Liberdade, 130, 10th Floor
Suite 1001 -1002
Liberdade Plz
Sao Paulo, Brazil
ATTN: Klaus Becker, General Manager
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Page 2 of 9 GP
Packet Page -3078-
11/12/2013 16. F.1.
Naples, Florida 34112
Attention: Purchasing & General Services Director
Telephone: 239 -252 -8975
Facsimile: 239- 252 -6480
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.
6. 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.
7. 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. 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. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. 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 contract 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.
9. 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 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 Contract Amount earned through the
date of termination. The Contractor shall not be entitled to any other or further recovery
Page 3 of 9
Packet Page -3079-
11/12/2013 16.F.1.
against the County, including, but not limited to, any damages or any anticipated profit
101-N on portions of the services not performed.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE: AVIAREPS shall provide insurance as follows:
General Liability coverage in limits of US $1 million per occurrence for bodily injury
and property damage written under a policy form which is substantially equivalent to
the latest Insurance Services Office (United States) form.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor 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 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.
A10-N This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Tourism Department.
14. 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.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Bid, Insurance Certificate, RFP dated June 26, 2013, Scope of
Services and Addenda.
16. 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.
17. 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, and County
Page 4 of 9
Packet Page -3080-
11/12/2013 16. F.1.
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.
18. 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.
19. ADDITIONAL ITEMS /SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Policy.
20. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision- making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
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. Statute.
21. 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.
22. KEY PERSONNEUPROTECT STAFFING: The Contractor's personnel and
management to be utilized for this project shall be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be deemed
necessary to insure that competent persons will be utilized in the performance of the
contract. The Contractor shall assign as many people as necessary to complete the
project on a timely basis, and each person assigned shall be available for an amount of
time adequate to meet the dates set forth in the Project Schedule. The Contractor shall
not change Key Personnel unless the following conditions are met: (1) Proposed
replacements have substantially the same or better qualifications and/or experience. (2)
that the County is notified in writing as far in advance as possible. The Contractor shall
Page 5 of 9
Packet Page - 3081 - �.�
n
11/12/2013 16.F.1.
make commercially reasonable efforts to notify Collier County within seven (7) days of
the change. The County retains final approval of proposed replacement personnel.
23. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal and/or the
Contractor's Proposal, the Contract Documents shall take precedence. In the event of
any conflict between the terms of the RFP and the Contractor's Proposal, the language
in the RFP would take precedence.
24. 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.
Page 6 of 9
Packet Page -3082- C'' '
11/12/2013 16.F.1.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
TType/ print witness nameT
Second Witness
TType /print witness nameT
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
AVIAREPS
Contractor
Signature
Typed signature and title
olleen M. Greene, Assistant County Attorney
Y
Print Name ^
Page 7 of 9
Packet Page -3083-
11/12/2013 16. F.1.
�—� Brazilian Representation Services for Naples, Marco Island, Everglades Florida CVB
SCOPE OF WORK 2013 -14
Attachment "A"
Services Required:
1. Submit an annual sales and marketing plan for leisure sales, tour operator /wholesaler sales, travel industry
training, promotions and other services required to showcase the tourism attributes of the Naples, Marco Island,
Everglades area or Florida to include a proposed budget and trade show participation for the Brazilian market on
behalf of the Naples, Marco Island, Everglades CVB, a division of Collier County Florida Government, hereinafter
referred to as "CVB ".
2. Propose a monthly service fee to cover all time for account management, administrative costs and creative time
necessary to create and produce promotions.
3. Assist in identifying and providing recommendations for Tour Operator Brochure placement and other media
buying opportunities. Advertising costs, if any to be handled separately through the CVB advertising budget.
4. Call on travel - related organizations; including tour operators, receptive operators, airline retail travel agents, along
with meeting planning, incentive, car rental and airline companies, with no less than 20 personal visits to the
offices of these organizations, during each one month reporting period, to increase awareness of the Naples, Marco
Island, Everglades area of Florida in key target markets in Brazil.
5. Provide in -house storage and fulfillment services of publications/literature to trade and consumers, maintaining
and distributing CVB collateral and Collier County hotel and attractions collateral as needed. Facilitate the
sourcing of services related to local printing, promotional flyers or other collateral to be billed separately from this
n agreement.
6. Assist in the scheduling, planning and participation in two travel agent/tour operator Destination Reviews (Fams)
during each annual contract period. The successful firm will make its best effort to obtain complimentary airline
participation (i.e. seats) and to qualify participating agents. CVB staff will organize itinerary and assist in all
arrangements for participation in Destination Reviews. The firm will be required to provide one of the firm's staff
members to accompany the group. All Destination Review visits are contingent on securing complimentary airline
transportation by the firm, with CVB confirming all hotel and itinerary arrangements for Destination Review.
7. Demonstrate database capabilities and appropriate reach for the best distribution of Newsletters and Press Releases
as generated by the CVB PR & Communications Team and other communications generated by the CVB and/or
approved industry organizations. Distribution to include comprehensive list that targets the travel trade, tour
operators, meeting and incentive planner's media, airline and car rental representatives.
8. Provide translation services when required, for CVB marketing materials such as press releases, collateral,
advertising pieces and travel industry Newsletters, among others.
9. Participate in a mutually agreed upon set of trade shows and events in Brazil (such as ABAV, World Travel
Market and others), including booth setup, staffing and scheduling of appointments. Communicate requests for
PR opportunities associated with such events to the CVB International Sales representative. Costs associated with
setup and registration expenses will be paid separately by the CVB.
10. When travel outside the city or state of the firm's principle office required and is pre approved, the successful firm
will adhere to the Collier County, Florida Government procurement/purchasing limits, policies and guidelines for
all travel and entertainment related expenses. These will be provided to firm upon award of the contract. Collier
County will reimburse the successful firm for reasonable pre approved travel and entertainment related expenses in
these circumstances, with maximum limits to be established.
Page 8 of 9
Packet Page -3084-
11/12/2013 16.F.1.
11. Submit a monthly report by the I Oh of the month covering all key deliverable items on this scope of work in the
format acceptable to the CVB and submit an annual recap report summarizing the year's activities and plans
projected for the following year's activities. Monthly reports will be submitted with monthly representation
retainer invoices. Upon receipt of both, payment will be processed. Monthly and Annual reports shall include, but
not be limited to, the following items:
• Market Overview: Brief highlights for Brazil market trends, statistics.
• Sales: Key Account solicitations, Calls and Email Campaigns Results to each Brazilian market segment
(Tour operators, group tour operators, Travel Agencies, Meeting and Incentive, Airline and Rental Car
Companies); using CVB recommended format.
• Marketing / Media: Key developments in the area of Marketing, Media and PR/Editorial opportunities, or
placements.
• Database: Actual contacts provided in excel format with Name, Title, Address, Phone, and Email columns
completed.
• Tracking / Reporting Matrices as follows:
➢ Tracking room night production for top 10 Receptive Tour Operators
Number of Naples, Marco Island (Collier County) hotels added to existing Top Operator's list
➢ Collier County destination added as featured Tour Program offered
➢ Media/Marketing/PR opportunities uncovered through sales efforts
➢ Database Growth in real numbers month over month.
12. Assist in the creation of a comprehensive contact database to include tour operator/travel agent and meeting
planner and consumer contacts. While representing CVB at tradeshows, promotions and sales calls, all contacts
initiated are to be considered the property of CVB and are to be submitted on a monthly Excel spreadsheet,
attached to the monthly report, in a format acceptable to CVB.
13. Assist CVB in developing a strategy for securing international air charters or scheduled air service from key
markets by providing contact information, scheduling meetings and conducting follow -up as needed.
14. Maintain close working relations with VISIT FLORIDA, Brand U.S.A. and the Brazilian tourism industry
associations, including Visit USA Organizations and Braztoa, among others.
15. Provide pricing for additional marketing related activities outside the scope of work as opportunities develop or as
requested by the Naples, Marco Island Everglades CVB.
Page 9 of 9
Packet Page -3085-