Loading...
Agenda 09/11/2012 Item #16F 3 Proposed Agenda Changes Board of County Commissioners Meeting September 11,2012 Withdraw Item 11G: Recommendation for direction and approval to advertise an ordinance superseding Ordinance 87-25,as amended by Ordinance 2000-54,revising and establishing the Collier County Purchasing Policy; providing for duties and authority for the County Manager or designee; providing for the Administrative Purchasing Procedures; providing for Conflict and Severability and Effective Date. (Staff's request) Move Item 16A17 to Item 11I: Recommendation to approve a Resolution of the Board of County Commissioners of Collier County,Florida supporting the County's applications to Florida Department of Environmental Protection(FDEP) for Long Range Budget Plan Requests for Inlet Management Plan and Beach Renourishment Projects for Fiscal Year 2013-2014 and authorization of any necessary budget amendments. (Commissioner Hiller's request) Move Item 16A23 to Item 11J: Recommendation to direct the County Manager or his designee to submit a grant application to the Gulf Tourism and Seafood Promotional Fund to expand Collier County's artificial reefs. (Commissioner Hiller's request) Withdraw Item 16E5: Recommendation to provide after-the-fact approval for a Federal Emergency Management Agency Staffing for Adequate Fire and Emergency Response(SAFER) Grant application in the amount of$610,720 to hire four firefighters for the Isles of Capri Fire Rescue District. (Staff's request) Withdraw Item 16E10: Recommendation to provide after-the-fact approval of a Federal Emergency Management Agency's Staffing for Adequate Fire and Emergency Response(SAFER) Grant Application in the amount of$916,080 to hire six Firefighters for the Ochopee Fire Control District. (Staffs request) Continue Item 16F8 to the September 25,2012 BCC Meeting: Recommendation to approve a contract Request for Proposal No. 12-5895"Impact Fee Study and authorizes the chairman to sign the county attorney approved agreement with Tindale-Oliver and Associates,Inc. (Estimated contract value over four(4)years is$950,000). (Staff's request) Move Item 16F3 to Item 11K: Recommendation to approve the award of ITB 12-5893 for Tourism International Representation Services for UK/Ireland to OMMAC, Ltd. and for Europe to Diamonde and corresponding tourism agreements at a combined total annual cost of $400,000 to include a revised termination notification period of 60 days. (Commissioner Hiller's request) 9/11/2012 Item 16.F.3. EXECUTIVE SUMMARY Recommendation to approve the award of ITB 12 -5893 for Tourism International Representation Services for UK/Ireland to OMMAC, Ltd. and for Europe to Diamonde and corresponding tourism agreements at a combined total annual cost of $400,000 to include a revised termination notification period of 60 days. OBJECTIVE: Recommend selection of International Representation firms for tourism in UK/Ireland and in Europe. CONSIDERATIONS: Tourism has had representation in key international markets for several years. In the UK and Ireland we have been represented by OMMAC, Ltd., and we have been represented in Europe by Diamonde based in Stuttgart Germany. Full time international representation is an important element in our marketing efforts to attract visitors from our target feeder markets of Germany and the UK. In accordance with Collier County Purchasing Policy, these services were advertised in Intent to Bid format. Six companies with experience in representing destinations submitted on -line bids for these services. The bid criteria indicate that for UK representation the number one choice is OMMAC, Ltd. and for European representation the number one choice is Diamonde. Both companies are experienced with our destination and have increased our presence in the international market dramatically. The standard thirty (30) day termination period was revised to sixty (60) days due to the number of assignments and scheduled projects in the scope of work for each vendor. FISCAL IMPACT: UK /Ireland representation is $10,000 in monthly service fees ($120,000 annually) and up to $80,000 per year in reimbursable travel and other promotional expenses for a total annual cost of $200,000. European representation services are $8,500 in monthly service fees ($102,000 annually) and up to $98,000 per year in reimbursable travel and other promotional services for a total annual cost of $200,000. The combined annual total of $400,000 is included in the proposed Fund 184 FY 13 Tourism Department budget. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council reviewed the selection of International Representation on July 23, 2012 and unanimously recommended (7 -0) approval of the selection of OMMAC, Ltd for UK representation and Diamonde for European representation. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan from this action. Packet Page -3749- ow 9/11/2012 Item 16.F.3. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG RECOMMENDATION: Approve the award of ITB 12 -5893 for Tourism International Representation Services for UK/Ireland to OMMAC, Ltd. and for Europe to Diamonde and authorize the Chairman to sign the corresponding tourism agreements at a combined total annual cost of $400,000 to include a revised termination notification period of 60 days. PREPARED BY: Jack Wert, Tourism Director Packet Page -3750- 9/11/2012 Item 16.F.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.F.3. Item Summary: Recommendation to approve the award of ITB 12 -5893 for Tourism International Representation Services for UK /Ireland to OMMAC, Ltd. and for Europe to Diamonde and corresponding tourism agreements at a combined total annual cost of $400,000 to include a revised termination notification period of 60 days. Meeting Date: 9/11/2012 Prepared By Name: GreenKelly Title: Tourist Development Tax Coordinator,Tourism 8/27/2012 3:45:06 PM Submitted by Title: Director - Tourism,Tourism Name: WertJack 8/27/2012 3:45:07 PM Approved By Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 8/28/2012 9:15:18 AM Name: WertJack Title: Director - Tourism,Tourism Date: 8/28/2012 10:40:15 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 8/28/2012 7:59:48 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 8/29/2012 11:54:38 AM Packet Page -3751- Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/29/2012 2:24:14 PM Name: KlatzkowJeff Title: County Attorney Date: 8/29/2012 3:34:40 PM 9/11/2O12 Item 16.F.3. Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 8/31/2012 4:10:58 PM Packet Page -3752- 9/11/2012 Item 16.F.3. Ir county Admnistrative Services DMsion Purchasing INVITATION TO BID Date: June 15, 2012 From: Brenda Brilhart, Procurement Strategist (239) 252 -8446 (Telephone) (239) 252 -6697 (FAX) BrendaBrilhart@colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 12 -5893 Tourism International Representation As requested by the Tourism Department representing the Naples, Marco Island, Everglades, Convengtion & Visitors Bureau (CVB), the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre -ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E- Procurement website: www.colliergov.net /bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Jack Wert, Director, Tourism Note: Electronic bid responses should be submitted on www.coliiergov.net.bid. Purcl irw E)p;;rn r i• 3327 Tarnami T:aii East • Nard -s rloridw 31112 -43:1 •tar .cuLie uc .reUpu chssi -� 12 -5893 Tourism International Representation Services Packet Page -3753- 9/11/2012 Item 16.F.3. Invitation to Bid Index PublicNotice .................................................................................... ............................... 3 Exhibit I: Scope of Work, Specifications and Response Format ...... ..............................4 Exhibit II: General Bid Instructions .................................................. ............................... 6 Exhibit III: Standard Purchase Order Terms and Conditions ......... ............................... 11 Exhibit IV: Additional ITB Terms and Conditions ............................. .............................14 Attachment 1: Vendor Submittal - Vendor's Non - Response Statement .......................17 Attachment 2: Vendor's Check List ............................................... ............................... 18 Attachment 3: Vendor Submittal - Bid Response Form ................... .............................19 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......................... 22 Attachment 5: Vendor Submittal — Immigration Affidavit ................ ............................... 23 Attachment 6: Vendor Substitute W — 9 ......................................... ............................... 24 12 -5893 Tourism International Representation Servic Packet Page -3754- 2 9/11/2012 Item 16.F.3. Public Notice Sealed bid responses (submitted electronically or manually) for Solicitation 12 -5893 Tourism International Representation, will be received only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 p.m. Collier County local time on July 6, 2012.. Solicitation responses received after the stated time and date will not be accepted. Solicitation 12 -5893 International Representation Services All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E- Procurement website: www.colliergov.net /bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response forms included and only available for download from the Collier County Purchasing Department E- Procurement website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing /General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net /purchasing and in the lobby of the Purchasing Building on June 15, 2012. 12 -5893 Tourism International Representation Servic Packet Page -3755- 9/11/2012 Item 16.F.3. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Tourism Department (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (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. Brief Description of Purchase The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government, is interested in full -time representation services with an experienced International Representation firm for the UK/Ireland market and the European market, primarily in German speaking regions and other International markets as identified by the Tourism Department. See Exhibit A — Scope of Work Required Qualifications: 1. Three comparable representation projects of similar scope: Provide a brief description of at least three projects related to the Tourism scope of work completed for a similar agency, preferably in Florida or the U.S.; include dates of the projects and contact information (name, address, telephone and email address) for the main contact individual at that agency. 2. Credentials of staff assigned to the County's project demonstrating at least 5 years of previous comparable experience: Provide the credentials and experiences of staff assigned to this project; travel to the United States and Florida; etc. 3. Proposed Project Costs — See pages 20 -21 Cost Proposal 4. Provide proof of a local office for the International region for which you are submitting a bid to represent our area. . 5. Complete and submit with bid package up to five (5) references from companies or agencies your firm has provided similar services. 6. Completed Attachments 2 — 6. Award Criteria ITB award criteria are as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids /projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. 12 -5893 Tourism International Representation Services Packet Page -3756- 9/11/2012 Item 16. F.3. • Collier County reserves the right to select one, or more than one vendor; however, it is the intent to select a single awardee for each region. (One firm could be awarded both regions — but must maintain active offices and /or services within each area.) • The contract will be in the form of the County's standard agreements. Term of Contract The contract term, if an award(s) is /are made is intended to be for a two (2) year term with one (1) two (2) year renewal term at the sole discretion of the County. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Projected Timetable Event Date Issue Solicitation Notice 6/15/12 Last Date for Receipt of Written Questions 5:00 pm 7/2/12 Addendum Issued By 7/3112 Solicitation Deadline Date and Time 2:30 pm 07/6112 Naples, Florida EST Anticipated Evaluation of Submittals Week of July 2nd Anticipated Board of County Commissioner's Approval Date July 2012 12 -5893 Tourism International Representation Services Packet Page -3757- Exhibit II: General Bid Instructions 1. Purpose /Objective 9/11/2012 Item 16.F.3. As requested by the Collier County departments or divisions identified in Exhibit I, 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 obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and /or attached herein /hereto. The successful vendor will hereinafter be referred to as the "Vendor" All bids must be submitted on the Bid forms furnished by the County noted in Attachments of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non- responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County and this will be annualized in US dollars. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 4. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 5. Addenda The County reserves the right to formally amend and /or clarify the requirements of the bid specifications where it deems necessary. Any such addendum /clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications rip or to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice 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 downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department E- Procurement website: www.coliiergov.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. 12 -5893 Tourism International Representation Services Packet Page -3758- 9/11/2012 Item 16.F.3. 6. Bid Submission All bids shall be submitted electronically to the County Purchasing 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. Vendors must submit one (1) paper copy or submit electronically on www.colliergov.net /bid. 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. 7. 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.colliergov.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 E- Procurement website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 8. Protests Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. 9. 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. 10. Local Vendor Preference (LVP) — if applicable The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2008 -181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. 12 -5893 Tourism International Representation Services Packet Page -3759- 9/11/2012 Item 16. F.3. A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County quote or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their quote or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive non -local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff shall first verify if the lowest non -local vendor and the lowest local vendor are in fact qualified and responsive vendors. Next, the Purchasing Department shall determine if the lowest local vendor meets the requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from the lowest non -local vendor. tendered previously, then award shall be made to the local vendor. If the lowest local vendor declines or is unable to match the lowest non local quote price(s), then award will be made to the lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the requirement of Section 287.087 F.S. and the lowest non -local vendor does, award will be made to the vendor that meets the requirements of the referenced state law. Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Vendor to submit this Affidavit with their quote response will preclude said Vendor from being considered for local preference under this solicitation. A Vendor who misrepresents the Local Preference status of its firm in a quote submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with any of the competing vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 11. Immigration Affidavit Certification —if applicable Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment 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 12 -5893 Tourism International Representation Services Packet Page -3760- 9/11/2012 Item 16. F.3. 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 professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners 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 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. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's proposal may be deemed non- responsive. Additionally, 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 following website: http: / /www.dhs,gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves 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 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure 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. 12. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding 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. 13. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) where applicable. In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.html). A copy of the document shall be submitted with the solicitation response and the document number 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 provide the document within the referenced timeframe, the County reserves the right to award to another firm. 12 -5893 Tourism International Representation Services Packet Page -3761- 9/11/2012 Item 16.F.3. 14. 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 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 15. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. 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 Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 12 -5893 Tourism International Representation Services Packet Page -3762- 10 9/11/2012 Item 16. F.3. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14) days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and /or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and /or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and /or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any All goods and /or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order .requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and /or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non - conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. 12 -5893 Tourism International Representation Services Packet Page -3763- 11 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. 7. 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 9/11/2012 Item 16.F.3. 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. 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 the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of 12 -5893 Tourism International Representation Services Packet Page -3764- 12 the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure 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 information with respects to what steps VENDOR is taking to complete delivery of the goods and /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 written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations 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 be 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 conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 9/11/2012 Item 16.F.3. 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 shall 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 favorable to the County and /or provide the greatest protection to the County shall govern. 12 -5893 Tourism International Representation Services Packet Page -3765- 13 9/11/2012 Item 16.F.3. Exhibit IV: Additional ITI3 Terms and Conditions 1. Additional Items and/or Services During the 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. Conflict of Interest Vendor shall provide a list of any businesses and /or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of agreement. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 80% or more of the solicitation amount for said work. 5. Deductions for Non - Performance 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 County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non - performance. 6. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 7. 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. 8. Licenses (When Applicable) The Vendor is required to possess the correct professional and other licenses, and any other 100+* 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, 12 -5893 Tourism International Representation Services Packet Page -3766- 14 9/11/2012 Item 161.3. 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 required to have an occupational license. 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. 9. 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. 10. 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: bccapclerk2collierclerk.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 transfer or 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. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). 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 shall 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 must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - 12 -5893 Tourism International Representation Services Packet Page -3767- 15 9/11/2012 Item 16.F.3. 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 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. 11. Expense Reimbursement Administrative or office costs are all inclusive in the monthly service fee. Authorized expenses by the County including communication; postage /mailings related to the promotion of the County; travel by car, train or air for regular sales calls to agents and operators, educational trips and trade shows as agreed in the marketing plan. The monthly service fee is agreed to at the exchange rate of the following: euro = $1.2510 US and BPM = $1.53714 US. Should the exchange rate fluctuate more than 10% in any given quarter, the fee will be ne- negotiated commencing with the next quarter. The cost of travel, entertainment, conversion fees, wire fees and any other bank related charges for conversion of US dollars to Euros will be billed separately to the monthly service fees in arrears, at the then current exchange rate on the date of the invoice. The travel and additional expenses invoices will be converted into US dollars and paid in US dollars. 12. Survivability Bids (ITBs /RFPs): The Vendor agrees that any Purchase Order that extends beyond the expiration date of Solicitation 12 -5893 Tourism International Representation resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Purchase Order. 12 -5893 Tourism International Representation Services Packet Page -3768- 16 9/11/2012 Item 16.F.3. er County Ad nisrawt e Ser Aces: Division Pur^- haling Attachment 1: Vendor Submittal - Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Department 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: 12 -5893 Tourism International Representation ❑ 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: 12 -5893 Tourism International Representation Services Packet Page -3769- 17 9 /ff/20f2 Item 161.3. CO MY Coin y �ur�hasing 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: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 12 -5893 Tourism International Representation 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.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date 12 -5893 Tourism International Representation Services Packet Page -3770- 18 9/11/2012 Item 16.F.3. c e r C;au nty J dn- vnist,airve Services DNision Purha:sing Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 12 -5893 Tourism International Representation Dear Commissioners: 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 contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: When submitting bid, check one of the following boxes for the region your firm is proposing: (one firm could be awarded both regions — but must maintain active offices and /or services within each area). ❑ United Kingdom ❑ Europe Firms submitting bid responses for this ITB must have evidence of the following: 1. Three comparable public agency projects of similar scope: Provide a brief description of at least three projects related to the Tourism scope of work completed for similar agencies; include dates of the projects and contact information (name, address, telephone and email address). Provide five (5) references from your customers demonstrating experience with similar projects to the scope outlined in this solicitation. 2. Credentials of staff assigned to the County's project demonstrating at least 5 years of previous comparable experience: Provide the credentials and experiences of staff assigned to this project. 3. Proposed Proiect Monthly Cost in the following format which includes all required scope of work outlined in Exhibit A. 1. Cost to complete the services identified in Exhibit A - Scope of Work in the form of a monthly service fee. $ 2. Anticipated travel expenses to complete the services identified in Exhibit A Scope of Work in the form of a monthly $ service fee. 12 -5893 Tourism International Representation Services Packet Page -3771- 19 0/11/2012 Item 16.F.3. 3. Anticipated reimbursable expenses to complete the services identified in Exhibit A Scope of Work in the form of a monthly service fee. $ 4. Per Diem Charge for Services Requested outside of Scope of Work outlined in this solicitation. $ TOTAL Monthly Fee (Award will be based on this total bid) $ 4. Completed Attachments 2 — 6. 12 -5893 Tourism International Representation Services Packet Page -3772- 20 9/11/2012 Item 16.F.3. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2012 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 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 12 -5893 Tourism International Representation Services Packet Page -3773- 21 9/11/2012 Item 16.F.3. er County AdmNsuative Services DNision purchasing Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 12 -5893 Tourism International Representation (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; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee 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. 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 , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) 12 -5893 Tourism International Representation Services Packet Page -3774- 22 9/11/2012 Item 16.F.3. cc er C:;Ounty Admnistr We Services ivisian =Purchasing Attachment 5: Vendor Submittal — Immigration Affidavit (If applicable) Solicitation: 12 -5893 Tourism International Representation 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 Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration as identification. (Type of Identification and Number) 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. 12 -5893 Tourism International Representation Services 23 Packet Page -3775- 9/11/2012 Item 16.F.3. co er Ccn my Ad nr&aWe Semcm Dwision Pvrchasf 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 (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone Order Informatior Address City FAX Email FAX State Zip 2. Company Status (check only one) City Zip Email Remit / Payment Information Address City State FAX Email Zip _Individual / Sole Proprietor Corporation F_Pa _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, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 12 -5893 Tourism International Representation Services Packet Page -3776- 24 EXHIBIT A — SCOPE OF WORK Background 9/11/2012 Item 16.F.3. The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government, is interested in competitively procuring full -time representation services with two experienced International Representation firm for the UK/Ireland market and for the European Market. The current agreement for these services expires September 30, 2012. Collier County Purchasing Policy requires us to request proposals from interested firms at this time. The services desired are outlined in the scope below. A separate contractual relationship will be established with the successful bidder on behalf of the CVB through the Collier County Purchasing Department and approved by the Collier County Board of Commissioners. The initial term of the agreement will be for two (2) years with two one (1) year renewals at the sole discretion of the County. Prequalification: Staff Experience and Team Credentials 1. Indicate the experience level of the staff that will be assigned to our account 2. Indicate the number of years and nature of experience on related projects for each account person 3. Describe the specific knowledge of Florida tourism and representing Florida travel destinations. 4. Describe any current relationships with other destination marketing organizations in Florida or other U.S. states. 5. Describe your current or past clients'with contact details 6. Describe your backup systems or locations in case of an emergency that will enable you to carry on business 7. Describe how you use social media networks to support campaigns 8. Representation services are desired to support the CVB's efforts to attract visitors to our area. The CVB's brand is relatively new to the International market so the selected representation company must maintain and build that brand awareness. 9. Objectives the successful representation companies will be asked to accept and grow: a. Increase average length of stay and repeat visitation b. Grow the number of CVB partners listed in tour operator catalog and on line programs c. Grow the number of visitors from the markets represented 10. Services requested from the successful vendors with be for sales, public relations, trades shows, travel industry training, promotions and other services required to showcase the tourism attributes of the Naples, Marco Island, Everglades area of Florida. 11. A monthly service fee is requested that covers all time for account management, administrative costs and any creative time necessary to create and produce promotions. 12 -5893 Tourism Intemational Representation Services Packet Page -3777- 25 9/11/2012 Item 16.F.3. Services Required: All Tasks listed below must be completed at a minimum of once per month. 1. Develop an annual joint marketing plan for all services covered under the agreement 2. Coordination of Public Relations efforts with in- country media. 3. Social media services related to in- country communications with trade and consumers. 4. Dedicated phone, fax and e-mail address for the Naples, Marco Island, Everglades CVB 5. Translation services as required 6. Contract and maintain storage inventory and distribution services as necessary 7. Monthly reports will be submitted to the CVB by the 10thof the following month, outlining activities per country with future activity projections and market overviews 8. Travel Trade Activities: The following are travel and trade marketing activities which the successful firm will perform: a. Participation in trade and consumer shows & events in country, surrounding areas and in the US as necessary. b. Regular communication and destination updates to tour operators, travel agents and media. c. Organize, conduct or participate in travel trade and media familiarization trips in Florida as required and agreed. d. Conduct travel trade training and sales calls to tour operators, airlines and other related organizations in- country and surrounding areas as agreed. e. Assist the CVB and its U.S. based marketing partners and agencies with trade and consumer promotions as agreed. f. Assist with the International marketing promotions and advertising related activities in order to maximize the CVB budget. g. Fulfillment of inquiries for CVB publications /literature to trade & consumers via both Florida based and in- country fulfillment facilities. h. Pre - screen and forward travel trade and media leads to the CVB which result from above - mentioned activities. i. Develop and fulfill requests from media and organize and work with CVB in -house PR team on familiarization trips for journalists. j. Maintain close working relationships with Visit Florida, U. S. Travel Association and other tourism industry associations, including Visit USA organizations as agreed. k. Create and maintain an up to date country by country trade and consumer database. 9. Expenses related to the various services will be invoiced on a monthly basis as follows: a. Advertising, if necessary, will be billed at net cost (no markup) to the CVB's advertising agency of record. b. Travel expenses such as air, auto rental, hotels and meals will be billed to the CVB at net cost. Air, train travel to be at lowest available coach fare. c. Out of pocket expenses such as storage, printing, courier expenses, parking, phone and fax will be billed monthly at cost. d. Service fee will be invoiced monthly to cover all employee time and other costs and all basic office operating expenses except as indicate above as out -of- pocket expenses. 12 -5893 Tourism International Representation Services Packet Page 3778- 26 covier County Adnnnim -4ve Services Vision . Purchasing Memorandum Date: June 26, 2012 9/11/2012 Item 16. F.3. Email: BrendaBrilhart@colliergov.net Telephone: (239) 252 -8446 FAX: (239) 252 -6697 ADDENDUM #1 From: Brenda Brilhart, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 — ITB 12 -5893 - Tourism International Representation The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date for this solicitation has been rescheduled. Bids will be received until 2:30 p.m. Collier County local time on July S 16, 2012. NOTE: Words struck through have been deleted, words underlined have been added. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Jack Wert, Project Manager Packet Page -3779- 1 n N 1p N N d m d �O 0 O Z � 0 0 ry io 1 C 0 m a d w m c 10 � m N C ti O f0 A r E a c E 'o L y m` 3 c d N m m fu O a E Y a N q W 0 ❑ O H d C a A O Z 0 0m W E c � ❑ C a� d d c o LJ 1p W f] ❑ E v o 2 IM ro c a Y 0 _y W F d .0 ❑ d V ❑ E 0 v rn a c �Y O .E D E 0 fil C) > C C m «Y m .. 9/11/2012 Item 16.F.3. m m d N O O z z z z O C) O 0 M N C N N U a h - N 69 w Efl w O (� ! 0 O N O CD c E a y d d Y U 0 d E 0 0 N c K E o > > 3 a .� c K ° ° I °o (0 °0 fro o ° co o to 1r, Co m ° 1r) to � (f3 fA Efl w ° ° ° 0 0 C 0 Co Cl o 0 Vi o o N EA O N E9 M O) f!i Co N w 0 O O o 0 U9. 0 O O In 6e (r0 CO O 1ri 69 fro Co Co f0 1 w 0 0 0 0 W3 o 0 0 o O O 0 0 u", N o 0 0 In -r N M Co M N 69 6q 169 1 w m o d CL 0 U) O d Q E O CL O (n L m Q � W C_ C Y p X W E a N y O fA 0 a d C � 0 U - ID A � N L Z N N W c d 6 a E ate+ L O a U OU 0 N _N O O 0 U w o Z n 0n — U 0 > C t 0 L d C a fU p E f0 L y E y � N Q M n o m d ` o .� E LL a � O O U a a N O _, = Z 4. �O U Q a E N M O 9/11/2012 Item 16.F.3. 0 m m d N 0 0 0 0 z z z z 0 0 0 0 ) N } 0 m m d N N H H U > L Y r Y U a > > D N 0 0 0 l0 a d a OL- G f0 d U d — O O O p L O U O N d E al ?+ f0 ° E y d a LL C E O C � U d a O o a fu a ° O O U 6 O C fU c f0 y N >` 0 O > N O In m 0'00 V) ° .0 m y _ 7 c U a a t; > a (0 C > a d d (U C O °` d C N 0 fU 0 C d N '07 d d C � � O C d +m+ 3 CO C 'OO ot„ C N (U N R c ._ .c N N L o E a v c k> Q E E w CD o cc O N tll d '° -ap 100 1�0 U u EO o C N O m f0 N `�. A O O f0 O` 0 U n fA oa f a� ° Ea ao ru o c 6 m � o N `o c c � E -'° cS O V O O 7 E C N C N O O d N = 3 E Ocm -oa as mV d m 9 0 a 0 fo 6 e "a d d a o to d m a i o, 725 0 9 c CD .0 UO a 0. A C: O N d Q LL m Q: > > a Packet Page -3780- m m >+ a C U N U C N N U a h - - O O N O O c c E a y d d Y U 0 d E 0 0 N c K E o > > 3 a .� c K ° ° I ID O N d d E j a U > a Packet Page -3780- 9/11/2012 Item 16.F.3. A G R E E M E N T 12-5893 for Tourism International Representation THIS AGREEMENT, made and entered into on this _ day of 2012, by and between OMMAC Ltd., a registered company in England and Wales, UK, registration number 04967240 and tax ID number (VAT) 851351639; whose business address is Greystones Roughetts Road, West Malling, Kent, ME19 5XQ, UK, 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" or "CVB" for international representation services on behalf of the County. WITNES SETH: 1. COMMENCEMENT. This Agreement shall commence October 1, 2012. The contract shall be for an initial two (2) year period, and 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 two (2) 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 the United Kingdom, Ireland and other International locations as designated by the County, in accordance with the terms and conditions of ITB #12 -5893 and the Contractor's bid referred to herein and made an integral part of this agreement, and attached Exhibit A, Scope of Services. 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 CVB Executive Director 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 U.S. two hundred thousand dollars ($200,000.00) annually, based on the fee schedule outlined in attached Exhibit B, 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 CVB Executive Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Page 1 of 9 Packet Page -3781- 9/11/2012 Item 16.F.3. 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 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. 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: OMMAC, Ltd. PO Box 316 West Malling Kent ME19 5Q UK ATTN: Oonagh McCullagh 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 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 Page 2 of 9 Packet Page -3782- 9/11/2012 Item 16. F.3. 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 sixty (60) 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 against the County, including, but not limited to, any damages or any anticipated profit 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: OMMAC shall provide insurance as follows: General Liability coverage in limits of U.S. $500,000 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 Page 3 of 9 Packet Page - 3783 - 9/11/2012 Item 16.F.3. rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. 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, Bid# 12 -5893 Scope of Services and Addenda, and Exhibit A and Exhibit B attached herein. 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 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 Page 4 of 9 Packet Page -3784- 9/11/2012 Item 16. F.3. 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 PERSONNEL/PROTECT 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 fo meet 'the requirements of the Agreement. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 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 ITB and the Contractor's Proposal, the language in the ITB 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 5 of 9 Packet Page -3785- 9/11/2012 Item 16.F.3. 8 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: Assistant County Attorney Print Name Page 6 of 9 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman OMMAC, Ltd. Contractor By: Signature Typed signature and title -- Packet Page -3786- Exhibit A - Scope of Work 12 -5893 Tourism International Representation Background 9/11/2012 Item 16.F.3. The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government, requires full -time representation services with an experienced International Representation firm. The required services are outlined in the scope below. All Tasks listed must be completed at a minimum of once per month unless otherwise indicated. 1. Develop an annual joint marketing plan for all services covered under the agreement. 2. Coordination of Public Relations efforts with in- country media. 3. Social media services related to in- country communications with trade and consumers. 4. Dedicated phone, fax and e -mail address for the Naples, Marco Island, Everglades CVB. 5.. Translation services as required. 6. Contract and maintain storage inventory and distribution services as necessary. 7. Monthly reports will be submitted to the CVB by the 10t`of the following month, outlining activities per country with future activity projections and market overviews. 8. Travel Trade Activities: The following are travel and trade marketing activities which the successful firm will perform: a. Participation in trade and consumer shows & events in country, surrounding areas and in the US as necessary. b. Regular communication and destination updates to tour operators, travel agents and media. c. Organize, conduct or participate in travel trade and media familiarization trips in Florida as required and agreed. d. Conduct travel trade training and sales calls to tour operators, airlines and other related organizations in- country and surrounding areas as agreed. e. Assist the CVB and its U.S. based marketing partners and agencies with trade and consumer promotions as agreed. Page 7 of 9 Packet Page -3787- 9/11/2012 Item 16.F.3. f. Assist with the International marketing promotions and advertising related activities in order to maximize the CVB budget. g. Fulfillment of inquiries for CVB publications/ literature to trade & consumers via both Florida based and in- country fulfillment facilities. h. Pre - screen and forward travel trade and media leads to the CVB which result from above - mentioned activities. i. Develop and fulfill requests from media and organize and work with CVB in- house PR team on familiarization trips for journalists. j. Maintain close working relationships with Visit Florida, U. S. Travel Association and other tourism industry associations, including Visit USA organizations as agreed. k. Create and maintain an up to date country by country trade and consumer database. Page 8 of 9 Packet Page -3788- 9/11/2012 Item 161.3. Exhibit B - Fee Schedule 12 -5893 Tourism International Representation 1. The retainer fee for activities for The County shall be United States (U.S.) ten thousand dollars ($10,000.00) per month commencing October 1, 2012 through September 30, 2014 and shall be billed quarterly in advance by Contractor. The annual cost of this agreement shall not exceed U.S. two hundred thousand dollars ($200,000.00) including U.S. one hundred twenty thousand dollars ($120,000.00) in service fees (retainer) and eighty thousand ($80,000.00) in travel and other related expenses. Additional expenditures must be authorized by the County by written Change Order to this agreement executed by the parties. 2. 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: communication; postage/ mailings related to the promotion of the County; travel by car, train, or air for regular sales calls to agents and operators, educational trips and trade shows. The retainer fee does not include the cost of airfares or any travel in addition to the agreed upon sales calls activity. The retainer fee is agreed to at the exchange rate of £1 British Pound (GBP) _ $1.60 U.S. Dollars. Should the exchange rate fluctuate more than 10% in any given quarter, the retainer fee will be renegotiated commencing the next quarter. 3. The cost of travel, entertainment, conversion fees, wire fees and any other bank related charges for conversion of U.S. dollars to GBP will be billed separately to the retainer fees in arrears, after approval by the CVB Executive Director at the then current exchange rate on the date of invoice. The travel and additional expenses invoice will be converted into U.S. dollars and paid in U.S. dollars. 4. Expenses related to the various services will be invoiced on a monthly basis as follows: a. Advertising, if necessary, will be billed at net cost (no markup) to the CVB's advertising agency of record. b. Travel expenses such -as air, auto rental, hotels and meals will be billed to the CVB at net cost. Air, train travel to be at lowest available coach fare. c. Out of pocket expenses such as storage, printing, courier expenses, parking, phone and fax will be billed monthly at cost. d. Service fee will be invoiced quarterly to cover all employee time and other costs and all basic office operating expenses except as indicated above as out -of- pocket expenses. Page 9 of 9 Packet Page -3789- 9/11/2012 Item 16.F.3. AGREEMENT12 -5893 for Tourism International Representation THIS AGREEMENT, made and entered into on this day of 2012, by and between DIAMONDE e.K., a registered company in Stuttgart, Germany registration number HRA 722594 and tax ID number DE222067856; whose business address is Konigstr. 10B, 70173 Stuttgart, Germany 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" or "CVB ") for international representation services on behalf of the County. W —IT NESSETH: 1. COMMENCEMENT. This Agreement shall commence on October 1, 2012. The contract shall be for an initial two (2) year period and 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 two (2) 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 Germany, Switzerland, Austria, the Benelux region and other international locations as designated by the County, in accordance with the terms and conditions of ITB #12 -5893 and the Contractor's bid referred to herein and made an integral part of this agreement, and attached Exhibit A, Scope of Services. 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 CVB Executive Director 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 U.S. two hundred thousand dollars ($200,000.00) annually, based on the fee schedule outlined in attached Exhibit B, 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 CVB Executive Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Page 1 of 10 Packet Page -3790- 9/11/2012 Item 16. F.3. _ 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 beyond the specified deadline period is subject to non - payment under the legal doctrine of "Iaches" 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: DIAMONDE e.K. Kbnigstr.10B 70173 Stuttgart Germany ATTN: Natasa Manic 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 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 Page 2 of 10 Packet Page -3791- - 9/11/2012 Item 16.F.3. — 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 sixty (60) 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 against the County, including, but not limited to, any damages or any anticipated profit 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: Diamonde shall provide insurance as follows: General Liability coverage in limits of U.S. $500,000 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 Page 3 of 10 Packet Page -3792- -" 9/11/2012 Item 16.F.3. rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County, 13. 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, Bid# 1.2 -5893 Scope of Services and Addenda, and Exhibit A and Exhibit B attached herein. 1.6. SUBTECT 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 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 Page 4 of 10 Packet Page -3793- 9/11/2012 Item 16.F.3. 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 requirements of this Agreement. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 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 ITB and the Contractor's Proposal, the language in the ITB 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 S of 10 Packet Page -3794- 1 9/11/2012 Item 16. F.3. 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: Assistant County Attorney Print Name Page 6 of 10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman DIAMONDE e.K. Contractor Signature Typed signature and title Packet Page -3795- Exhibit A - Scope of Work 12 -5893 Tourism International Representation Background 9/11/2012 Item 16.F.3. The Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB), a division of Collier County Florida Government, requires full -time representation services with an experienced International Representation firm. The required services are outlined in the scope below. All Tasks Iisted must be completed at a minimum of once ver month unless otherwise indicated. 1. Develop an annual joint marketing plan for all services covered under the agreement 2. Coordination of Public Relations efforts with in- country media. 3. Social media services related to in- country communications with trade and consumers. 4. Dedicated phone, fax and e -mail address for the Naples, Marco Island, Everglades CVB. 5. Translation services as required. 6. Contract and maintain storage inventory and distribution services as necessary. 7. Monthly reports will be submitted to the CVB by the 101hof the following month, outlining activities per country with future activity projections and market overviews. 8. Travel Trade Activities: The following are travel and trade marketing activities which the successful firm will perform: a. Participation in trade and consumer shows & events in country, surrounding areas and in the US as necessary. b. Regular communication and destination updates to tour operators, travel agents and media. c. Organize, conduct or participate in travel trade and media familiarization trips in Florida as required and agreed. d. Conduct travel trade training and sales calls to tour operators, airlines and other related organizations in- country and surrounding areas as agreed. e. Assist the CVB and its U.S. based marketing partners and agencies with trade and consumer promotions as agreed. Page 7 of 10 �Di Packet Page -3796- -- - 3 9/11/2012 Item 16. F.3. f. Assist with the International marketing promotions and advertising related activities in order to maximize the CVB budget. g. Fulfillment of inquiries for CVB publications/ literature to trade & consumers via both Florida based and in- country fulfillment facilities. h. Pre- screen and forward travel trade and media leads to the CVB which result from above - mentioned activities. L Develop and fulfill requests from media and organize and work with CVB in- house PR team on familiarization trips for journalists. j. Maintain close working relationships with Visit Florida, U. S. Travel Association and other tourism industry associations, including Visit USA organizations as agreed. k. Create and maintain an up to date country by country trade and consumer database. Page 8 of 10 Packet Page -3797- 9/11/2012 Item 16.F.3. Exhibit B - Fee Schedule 12 -5893 Tourism International Representation 1. The retainer fee for activities for the County shall be United States (U.S.) eight thousand five hundred dollars ($8,500.00) per month commencing October 1, 2012 through September 30, 2014 and shall be billed monthly in advance by Contractor. The annual cost of this agreement shall not exceed U.S. two hundred thousand dollars ($200,000.00) including U.S. one hundred and two thousand dollars ($102,000.00) in annual service fees (retainer) and ninety eight thousand dollars ($98,000.00) in travel and other related marketing and promotional expenses. Additional expenditures must be authorized by the County by written Change Order to this agreement executed by the parties. 2. Administrative and office costs are included u1 the above mentioned retainer fee, including: cost of communication, stationery, daily postage and printing for the sales office as well as cost of travel by car/ train in Germany, Austria and Switzerland for regular sales calls to agents and operators. The retainer fee does not include any airfares or any travel outside of the agreed sales calls travel schedule. The retainer fee is agreed to at the exchange rate of €l Euro = $1.22 U.S. Dollars. Should the exchange rate fluctuate more than 10 %, the retainer fee will be renegotiated. 3. The cost of travel and entertainment will be billed separately to the retainer fees in arrears, after approval by the CVB Executive Director or his designee at the then current exchange rate on the date of invoice. The travel and additional expenses invoice will be converted into U.S. dollars and paid in U.S. dollars. A per diem charge applies as follows: Germany: Netherlands: Belgium: Austria: Switzerland: Luxemburg: €24 per day of travel €60 per day of travel €42 per day of travel €36 per day of travel €42 per day of travel €39 per day of travel (official German per diem rates for travel) Mileage will be reimbursed at a rate of U.S. $ 0.585 per mile. Sales agent functions as requested in writing by the County, will be in addition to the fees above and billed separately, upon agreement with the County. Co -op promotion costs will be invoiced independently of fees and other expenses and should not be incurred without the County's prior written approval. Page 9 of 10 Packet Page -3798- 9/11/2012 Item 16.F.3. 4. Expenses related to the various services will be invoiced on a monthly basis as follows: a. Advertising, if necessary, will be billed at net -cost (no markup) to the CVB's advertising agency of record. b. Travel expenses such as air, auto rental, hotels and meals will be billed to the CVB at net cost. Air, train travel to be at lowest available coach fare. C. Out of pocket expenses such as storage, printing, courier expenses, parking, phone and fax will be billed monthly at cost. d. Service fee will be invoiced monthly to cover all employee time and other costs and all basic office operating expenses except as indicated above as out -of- pocket expenses. Page 10 of 10 Packet Page -3799-