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Agenda 09/15/2009 Item #16F 2 Agenda Item No, 16F2 September 15. 2009 Page 1 of 9 EXECUTIVE SUMMARY Recommend that the Board of County Commissioners approves of the award of RFP #09.5183 and agreement between Collier County and Miles Media Group, LLLP for Website Development for the Collier County Tourism Department in an estimated annual amount of $100,000 and authorizes the Chairman to sign the agreement OBJECTIVE: To provide for continuing website hosting, monthly licensing, analysis and reporting plus additional tasks as required to maintain the Tourism website. CONSIDERATIONS: RFP #09-5183 was issued on January 30,2009 to solicit website design and maintenance for the Tourism website, www.paradisecoast.com. Ninety notices were sent, eighty-four firms downloaded the RFP package, and five proposals were received. Fixed costs for website maintenance and hosting are as follows: Web Hosting plus twelve (12) hours maintenance per month HBX monthly licensing, analysis, reporting $1,950/month $ 750/month Total: $ 32,400 .,..-. In addition to fixed costs, additional tasks may include but are not limited to the following: Total: $18,000 4,000 6,500 4,000 6,000 3,000 7,500 10,000 8,000 $67,000 Data Collection/Management Photography SEa / Editorial Updating International Microsites Audio Slideshows / Tours Google Earth Interactive Mapping / Itineraries Flash-Based Mapping Advanced Google Mapping The Selection Committee met on April 2, 2009, and by consensus, recommended the award of the RFP and a contract to Miles Media Group, LLLP. FISCAL IMPACT: Sufficient budget exists in Fund 184 to award this contract. ,,- GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires simple majority vote and is legally sufficient for Board action. - CMG Agenda Item No. 16F2 September 15, 2009 Page 2 of 9 RECOMMENDATION: That the Board of County Commissioners approves the award of RFP # 09-5183 and a contract with Miles Media Group, LLLP, and authorizes the Chairman to sign the agreement. PREPARED BY: Jack Wert, Tourism Director ,.-, ..l uiS..... J. V.1. .1 Agenda Item No. 16F2 September 15, 2009 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16F2 Meeting Date: Recommend that the Board of County Commissioners approves of the award of RFP #09- 5183 and agreement between Collier County and Miles Media Group, LLLP for Website Development for the Collier County Tourism Department in an estimated annual amount of $100,000 and authorizes the Chairman to sign the agreement 9/15/2009900:00 AM Prepared By Jack Wert Tourism Director Date County Manager's Office Tourism 8/21/20094:35:09 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 8/21/20094:42 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 8/24/2009 10:15 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 8/24/200910:30 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 8/25/200912:50 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 8/27/20098:54 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 8/27/200912:44 PM Approved By Mark Isackson Budget Anal~'st Date County Manager's Office Office of Management & Budget 8/27/2009 2:59 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office Commissioners 8/30/200912:33 PM AGREEMENT Agenda Item No. 16F2 September 15, 2009 Page 4 of 9 09-5183 "Collier County Tourism Website Design and Maintenance" THIS AGREEMENT, made and entered into on this day of , 2009, by and between Miles Media Group, LLLP, authorized to do business in the State of Florida, whose business address is 6751 Professional Parkway West, Suite 200, Sarasota, Florida, 34240-8443, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": \V I T ;\l E SSE T H: 1. COMMENCEMENT. This Agreement shall commence on October 1, 2009 and shall be for a two (2) year period. The County may, at its discretion and with the consent of the Vendor, extend the Agreement under all of the tenns and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Vendor written notice 0 f the County's intention to extend the Agreement tenn not less than thitiy (30) days prior to the end of the Agreement teml then in effect. 2. ST A TEMENT OF WORK. The Vendor shall provide professional website design and maintenance services in accordance with the tenns and conditions of RFP #09-5183, "Collier County Tourism Website Design and Maintenance", and the Vendor's proposal, incorporated herein by reference 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 Vendor 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 Vendor for the fixed monthly cost for website hosting and maintenance as follows: Web Site Hosting plus twelve (12) hours maintenance per month for www.paradisecoast.com $1,950/month HBX monthly licensing, analysis, repOliing $ 750/month Additional tasks required by the County will be evidenced by Vendor proposals and a County Purchase Order. Payments shall be made to the Vendor when requested as work prob'Tesses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and upon approval by the Tourism Development Director or his designee, and in compliance with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act" . 4. NOTICES. All notices from the County to the Vendor shall be deemed duly served ifmailed or faxed to the Vendor at the following Address: Miles Media Group, LLLP 6751 Professional Parkway West, Suite 200 Sarasota, FL 34240-8443 Attention: Roger W. Miles, President & CEO Fax # 941-907-0300 Agenda Item No. 16F2 September 15, 2009 Page 5 of 9 All Notices from the Vendor to the County shall be deemed duly served ifmailed or faxed to the County to: Tourism Development Department 3050 North Horseshoe Drive # 218 Naples, Florida 34104 Attention: Jack Wert, Executive Director Fax # 239-252-2404 The Vendor 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. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 6. 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 Vendor. Payment for all such pennits 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 Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor 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 Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 7. NO IMPROPER USE. The Vendor will not use, nor suffer or pennit 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 Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor 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 Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINA TION. Should the Vendor be found to have failed to perfonn his services in a manner satisfactory to the County as per this Agreement, the County may tenninate said agreement immediately for cause; fUliher the County may tenninate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 2 Agenda Item No. 16F2 September 15, 2009 9. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination af't'QIEt~9 sex, color, creed or national origin. 10. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have mInllnUm limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. \Vorkers' 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. D. Professional Liabilitv Insurance: The Consultant shall maintain Insurance to insure its legalliability for claims arising out of the perfonnance of professional services under this Agreement. Coverage shall have minimum limits of S 1,000,000 Per Occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) 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. Vendor shall insure that all sub-Vendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent pem1itted by Florida law, the Vendor shall indemnify and hold hannless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attomeys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Vendor or anyone employed or utilized by the Vendor in the perfonnance 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. 3 Agenda Item No. 16F2 September 15, 2009 12, CONTRACT ADMINISTRATION. This Agreement shall be administered on beh511f95t1:M9 County by the Tourism Development Department. 13. CONFLICT OF INTEREST. Vendor 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. Vendor further represents that no persons having any such interest shall be employed to perform those services. 14, 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: Vendor's Proposal, Insurance Certificate, and RFP #09-5183 Specifications/Scope of Services. 15. 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. 16. 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 finn 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 tennination of any contract held by the individual and/or finn for cause. 17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is fonnally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Refonn and Control Act of 1986 as located at 8 D.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally tenninate this agreement immediately. 18. 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. 19. 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. 20. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 21. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding pennitted 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 Vendor 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 4 Agenda Item No. 16F2 September 15, 2009 resolution, and prior to the commencement of depositions in any litigation between tHeatHtrtlias 9 arising out of this Ab'Teement, 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 Vendor 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 pmiy fail to submit to mediation as required hereunder, the other party may obtain a cOUli 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 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 22. KEY PERSONNEL/PROJECT STAFFING. The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perfonn investigations as may be deemed necessary to insure that competent persons will be utilized in the perfonnance of the contract. Selected finn shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm 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. Fiml 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. IN WITNESS \VHEREOF, the Vendor 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated: (S EAL) By: Donna Fiala, Chainnan Miles Media Group. LLLP Vendor By: First Witness Signature IType/print witness name I Second Witness Typed signature and title 5 tType/print witness name t Agenda Item No. 16F2 September 15, 2009 Page 9 of 9 Approved as to form and legal sufficiency: Assistant County Attorney Print N arne 6