Agenda 12/13/2011 Item #16F412/13/2011 Item 161.4.
EXECUTIVE SUMMARY
Recommendation to approve the award of Bid #11 -5754 to Phase V of
Southwest Florida, Inc. for Tourism Fulfillment Services and authorize the
Chairman to sign Agreement #11 -5754 to include a revised termination
notification period of sixty (60) days following County Attorney Office
approval.
OBJECTIVE: Approve staff recommendation of Bid Process for Tourism
Fulfillment Services to contract with Phase V of Southwest Florida, Inc.
CONSIDERATIONS: Notices of Bid #11 -5754 were distributed to 291 e-mail
addresses on August 23, 2011 and posted publicly. Twenty nine firms opened
the e- mailed document. A pre -bid meeting was held on September 8, 2011 and
the three (3) submitted bids were opened on September 16, 2011.
Each responding firm presented their credentials for Tourism Fulfillment Services
in proposals submitted on DVD. The responses were reviewed by Jack Curran
from the Collier County Purchasing Department using the published computer
scoring system included in the Bid document.
Two of the three responding firms were deemed as "non- conforming" to the Bid
requirements — one for not being in business for the required minimum of five
years and the other for limiting their bid proposal to 30 days, rather than the
specified 180 days in the Bid document. Phase V of Southwest Florida, Inc. was
selected as the only conforming bidder.
The firms were ranked using the published point system included in the Bid
document. The computer ranking system placed Phase V of Southwest Florida
as the # 1 ranked firm.
The agreement provides for Phase V of Southwest Florida to perform tourism
Fulfillment services for an initial two (2) years with two additional one (1) year
renewal periods at the County's sole discretion. Fulfillment services and related
costs are included in Exhibit "A" of the agreement.
Due to the many duties and projects involved with the scope of fulfillment
services, staff and the vendor request a change in the standard termination
notification period of thirty (30) days to sixty (60) days.
FISCAL IMPACT: The approved FY 12 Fund 184 budget for Fulfillment Services
has sufficient funding for this contract.
Packet Page -3404-
12/13/2011 Item 16. A
LEGAL CONSIDERATIONS: The County Attorney's Office proposes to modify
Paragraph 21 of the County's standard agreement. The Agreement- currently
provides that additional items and /or services may be added to the contract upon
satisfactory negotiation of price by the Contract Manager and the Contractor.
The recommendation is to add language that requires any additional services or
items to be added in compliance with the Purchasing Policy. This is the intended
meaning of this provision; however the language will be modified to specifically
require compliance.
21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may
be added to this contract
in compliance with the Purchasing Policy.
This item has been reviewed by the County Attorney's Office, requires majority
vote, and is legally sufficient for Board action. — CMG
ADVISORY BOARD RECOMMENDATION: This item was recommended for
approval by the Tourist Development Council (8 -0) at its regularly scheduled
meeting on November 28, 2011.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management plan with this action.
RECOMMENDATION: That the Board of County Commissioners approves of
the award of Bid #11 -5754 to Phase V of Southwest Florida, Inc. for Tourism
Fulfillment Services and authorizes the Chairman to sign Agreement # 11 -5754
to include a revised termination notification period of sixty (60) days following
County Attorney Office approval.
SUBMITTED BY: Jack Wert, Tourism Director
Packet Page -3405-
12/13/2011 Item 161.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.4.
Item Summary: Recommendation to approve the award of Bid #11 -5754 to Phase V of
Southwest Florida, Inc. for Tourism Fulfillment Services and authorize the Chairman to sign
Agreement #11 -5754 to include a revised termination notification period of sixty (60) days
following County Attorney Office approval.
Meeting Date: 12/13/2011
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
11/29/2011 11:41:03 AM
Approved By
Name: CurranJohn
Title: Purchasing Agent,Purchasing & General Services
Date: 11/30/2011 12:30:57 PM
Name: WertJack
Title: Director - Tourism,Tourism
Date: 11/30/2011 1:14:32 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 11/30/20114:49:14 PM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 11/30/20115:02:16 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/1/20119:53:01 AM
Name: Finn-Ed
Date: 12/1/20113:37:28 PM
Packet Page -3406-
Name: OchsLeo
Title: County Manager
Date: 12/2/2011 10:30:16 AM
Packet Page -3407-
12/13/2011 Item 16.F.4.
12/13/2011 Item 161.4.
AGREEMENT #11 -5754
for
Tourist Development Council Fulfillment Services
THIS AGREEMENT, made and entered into on this day of , 2011 by
and between Phase V of Southwest Florida, Inc., authorized to do business in the State of
Florida, whose business address is 12290 Treeline Avenue, Fort Myers, Florida 33913,
hereinafter called the "Contractor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County ":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on
the date of approval by the Board of County Commissioners, and terminating twenty
four (24) months thereafter.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. 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 fulfillment services in
accordance with the terms and conditions of Bid #11 -5754 and the Contractor's
proposal referred to herein and made an integral part of this agreement. This
Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Contractor and the County project manager or his designee, in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement based on the prices set forth in the Contractor's proposal and in
accordance with Exhibit A, attached herein and incorporated by reference. Payment
will be made upon receipt of a proper invoice and upon approval by the Tourism
Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise
known as the "Local Government Prompt Payment Act."
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
Page 1 of 10
Packet Page -3408-
12/13/2011 Item 16. A
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.
3.2 Travel and Reimbursable Expenses shall be estimated and approved in advance in
writing by the County. Travel expenses shall be reimbursed at actual cost in
accordance with Collier County Resolution # 2006 -40 Travel Expenses for Persons
Conducting Official Tourism Business and Section 125.0104 Fla. Stats. or
travel time will be included in the monthly service fee.
Reimbursable items other than travel expenses shall include telephone long - distance
charges, fax charges, photocopying charges, shipping and postage. Reimbursable items
will be paid only after Contractor has provided all receipts. Contractor shall be
responsible for all other costs and expenses associated with activities and solicitations
undertaken pursuant to this Agreement.
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
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:
Phase V of Southwest Florida, Inc.
12290 Treeline Avenue
Fort Myers, Florida 33913
Attention: Michael R. DeMas, President
Telephone: 239 -225 -1000
Facsimile: 239 - 225 -1009
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: Steve Carnell, Purchasing/ GS Director
Telephone: 239 - 252 -8371
Facsimile: 239 -252 -6584
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.
Page 2 of 10
Packet Page -3409-
12/13/2011 Item 161.4.
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. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
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.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
Page 3 of 10
Packet Page -3410-
12/13/2011 Item 16.F.4.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates
shall be sent to the County ten (10) days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
Contractor shall insure that all sub - Contractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County
with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
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 attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Exhibit A, Insurance Certificate, Bid #11 -5754
Specifications/ Scope of Services and Addenda.
16. 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
Page 4 of 10
Packet Page -3411-
12/13/2011 Item 16.F.4.
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. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is 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. Failure by the Contractor to comply with the laws referenced herein
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. 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.
21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Policy.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision - making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
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
Page 5 of 10
Packet Page -3412-
12/13/2011 Item 16.17.4.
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
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 ITB 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.
Page 6 of 10
Packet Page -3413-
12/13/2011 Item 16.F.4.
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
sufficiency:
(r �V)
ssistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Phase V of Southwest Florida, Inc.,
Contractor
M
Signature
Typed signature and title
Page 7 of 10
Packet Page -3414-
12/13/2011 Item 161.4.
Exhibit A
Agreement #11 -5754 Tourist Development Council Fulfillment Services
Scope of Services and Costs
The Collier County Tourism Department, on behalf of the Naples, Marco Island, Everglades
Convention and Visitors Bureau (CVB), is the official tourism marketing and management
organization for Collier County, Florida. The CVB is the marketing arm of the Tourism Department
within Collier County government.
The scope of work for the Contractor will be to provide an effective tourist fulfillment and storage
program that may include but not be limited to the following:
1. All necessary labor, materials, supplies, and equipment to store, retrieve, deliver and respond
to a variety of telephone, email or web based inquiries from interested individuals.
2. Provide rates inclusive of all services as outlined on the Vendor Bid Schedule.
3. Provide monthly invoices outlining the services provided, including, but not limited to:
a. Service description
b. Quantity of each service
c. Unit price of each service
d. Extended price of each service
e. Total
4. Provide a storage area that has adequate security measures in place to guarantee the
safekeeping of all County documents from break -ins, floods, fire and any other natural or
unnatural disasters.
5. Provide business service hours between the hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday, excluding County recognized holidays.
6. Provide service to interested individuals within 72 business hours from the initial contact.
7. Provide a monthly summary report of all activities provided in the completion of this contract
to the County's project manager; an annual summary report should be provide to the
County's Purchasing Department at the time of contract renewal.
A. Service cost:
Item
Quanti
Unit
Description
Unit Price
Total
1
1
1
Initial set -up fee to set -up telephone
$0.00
$0.00
scripts
2
1
1
Per call processing charge per
0.95
0.95
minute
3
1
1
Monthly charge for phone lines - per
3.00
3.00
line (usage billed at cost
4
1
1
Data entry charge for inquiries from
0.30
0.30
other sources (cost per name record,
including all information) -
electronic > 50 records
5
1
1
Mailing assembly cost - self - mailer
0.14
0.14
6
1
1
Postage and shipping for 12 ounce
0.79
0.79
acka e
7
1
1
Hourly rate for special package
50.00
50.00
(vendor agrees to charge by quarter
hour for services
Page 8 of 10
Packet Page -3415-
12/13/2011 Item 16YA
8
1
1
Per pallet month charge for
inventory
20.00
20.00
9
1
1
Additional per service costs,
136.73
136.73
including:
11
1
1
a) Live Chat -monthly base fee
50.00
($50.00)
b) Per minute processing charge
12
for live chat ($0.95)
0.02
c) Hourly rate for programming
($85.00)
13
d) Data entry — manual and files
0.008
<50 records ($0.60)
e) Mailing assembly - first
insertion ($0.16)
14*
1
1
f) Mailing assembly - additional
0.05
insertions $0.02
Notes:
All quantities identified in item 9, item b through f are shown as a 1, as no
forecasts for the volumes are identified.
B. Additional services proposed for the CVB:
Item
Quantity
Unit
Description
Unit Price
Total
10
1
1
Disaster Continuity -Monthly base
$100.00
$100.00
fee
11
1
1
Special Project -e- blasts upon
50.00
request
Set-up fee per hour
12
Special Project- e- blasts upon
0.02
request
per record cost less than 10,000
13
Special Project- e- blasts upon
0.008
request
per record cost more than
10,000
14*
1
1
Printing -per page -Black and
0.05
white
15*
Printing- per page -4 color
0.14
*Note:
This is personalized or non - personalized printing when volumes are low enough to be
less costly when not sent to an outside printer for special projects, such as stationery.
C. Additionalprice comments:
1. The estimated quantities on the pricing schedule are monthly volumes from Addendum #2
- Fulfillment H i s t o r y, except for the quantity of phone lines. This quantity is actual
as presently provided for the CVB.
2. The cost per call for the call processing charge on the pricing schedule is on a per minute
basis, since the estimate of telemarketing calls in Addendum #2 is actually minutes.
Page 9 of 10
Packet Page -3416-
12/13/2011 Item 16.F.4.
3. The monthly charge for phone lines on the pricing schedule is the base fee cost for them.
Usage is billed at cost as billed by our long distance carrier.
4. The data entry charge on the pricing schedule is for electronic data entry (entry of files of 50 or
greater records). The cost for manual data entry (less than 50 records per file and text copy)
is $0.60 per entry (above).
5. The mailing assembly cost of $14 on the pricing schedule is for self - mailer mail pieces. The
cost for first insertions into envelopes or boxes and the cost for additional insertions are $0.16
and $0.02, respectively (above).
6. The estimated postage cost for a twelve ounce package in #6 on the pricing schedule is an
average for domestic US automated presort standard mail. The weight of a self - mailer
visitor guide is 5.6 ounces. Costs for a 12 ounce package under other types of mail are:
• $2.4325 Automated presort first class
• $3.08 First Class
• $3.75 ISAL to Canada
• $4.25 ISAL to the United Kingdom.
All postage and shipping charges and supplies are billed at cost with vendor invoices as
documentation.
7. Phase V's hourly rates for special projects, programming and e -blast set up are to the nearest one
tenth of an hour, including the first hour.
Page 10 of 10
Packet Page -3417-