Backup Documents 12/07/2001 SBOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING
DECEMBER 7, 2001
Maureen K. Ken~/on
From:
Sent:
To:
Cc:
Subject:
Dewey Wallace
Wednesday, December 05, 2001 7:50 AM
Minutes and Records; David Weigel; Ramiro Manalich
Ellie J. Hoffman; John Dunnuck; James Mudd; Tom Olliff; Sue Filson
Special Meeting of BCC 12/7/01 at 9:15am
N0ticeSPM~T0u~lli
ancel2.7.01...
Late 12/4, a Special Meeting of the Board was scheduled for 9:15am, December
7th for the Board to Consider Approval of Tourism Contracts recommended by
the Tourism Alliance during the Tourism Alliance meeting on December 4th.
Notice was posted on campus late 12/4; Blast fax of Notice distributed by
Public Information at 7:20am to media, 12/5; and Notice was forwarded to
Libraries at 7:35am, 12/5. Copy of County Attorney Approved Notice
attached. <<NoticeSPMtgTourAlliancel2.7.01.doc>>
NOTICE OF BOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING
Friday, December 7, 2001
9:15 A.M.
Notice is hereby given that the Collier County Board of County Commissioners
will hold a Special Meeting on FRIDAY, DECEMBER 7, 2001 at 9:15 A.M., in the
Board Meeting Room, Third Floor, Harmon Turner Building (Administration), at the
Collier County Government Complex, 3301 East Tamiami Trail, Naples, Florida. The
Special Meeting will include, but may not be limited to, the following:
Consideration of Approval of Tourism Contracts as recommended by the
Tourism Alliance
The meeting is open to the public.
Any person who decides to appeal a decision of this Board will need a record of
the proceedings pertaining thereto, and therefore may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
James D. Carter, Ph.D., Chairman
DWIGHT E. BROCK, CLERK
By:/s/Maureen Kenyon
Deputy Clerk
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
December 7, 2001
9:15 A.M.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL
LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
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July 31, 2ool
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
Pledge of Allegiance
Consideration of approval of tourism contracts as recommended by the Tourism
Alliance
Chairman authorized to sign the 2002 Agreement between Collier County
and Kelley Swofford Roy, Inc. - Approved 4/0 (Commissioner Henning
out)
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July 31, 2001
MEMORANDUM
Date:
To:
From:
Re:
December 7, 2001
D.E. "Bleu" Wallace
Director, CDES Operations
Teri Michaels, Deputy Clerk
Minutes & Records Department
2002 Agreement between Collier County and Kelley
Swofford Roy, Inc. (KSR) for advertising/marketing of
Collier County Tourism
Enclosed for your use, please find one original document as referenced
above, approved by the Board of County Commissioners on Friday,
December 7,2001. I am retaining one original for the record.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosure (1)
AGREEMENT
THIS AGREEMENT, made and entered into on this ~_~ day of December 2001, by and
between Kelley Swofford Roy, Inc., 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 Contractor shall commence the work December 1, 2001.
This Agreement shall commence on the date of the issuance of a Purchase Order
The contract shall be for a ten (10) month period, commencing on December 1, 2001 and
terminating on September 30, 2002.
2. STATEMENT OF WORK.
a) Contractor will perform a combination of the following services, as approved by the
County, in order to best serve the Collier County's needs:
b) Develop for approval and implementation advertising, public relations and marketing
communications program to meet the County's objectives and budgetary limitations.
c) Counsel the County on public relations, advertising and marketing communications
opportunities, as appropriate for the County.
d) Develop primary and secondary research including focus groups or internal consensus
building workshops as required and approved.
e) Develop press releases, a background profile on Collier County, photo library, video
news releases (VNR) in English and other languages as required.
f) Develop media target list of local, state, national and international media contacts.
g) Plan an advertising program, from creative strategy, copy, layouts, and production to
media research and scheduling, against the County's advertising budget.
h)
i)
J)
k)
l)
Enter into contracts at the direction of and in the name of the County to effectuate the
County's advertising program including, but not limited to media space and time.
Develop required collateral material (brochures, newsletters, direct mail and any
marketing and communications material) from copy, layout through to printing.
Develop website and Internet advertising.
Maintain a Contractor servicing office in Collier County to support the above listed
activities.
Contractor will supply the County with monthly reports reflecting the number of ads
placed, the cost of the ads and what the County's benefit is in result of the ads.
THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement as per the following responsibilities.
a) The County will reimburse Contractor for expenditures incurred on behalf of the
County including, but not limited, to those listed below.
b)
Beginning on December 1, 2001 and each month thereafter, the County will remit to
Contractor a monthly retainer in the amount of nine thousand dollars ($9,000), upon
submission of invoices by Contractor' in a timely manner, for public relations
professional services. Activity, performance and monthly retainer amount to be
reviewed quarterly, based on billable time as per professional fees included in
Section 3 (j). Special projects such as market research must be authorized and
approved in advance, in writing by the County and will be billed separately.
c)
Specific marketing projects such as research, community consensus building,
workshops and activities, and targeted marketing program development will be
estimated and approved in advance.
d)
The County will reimburse Contractor separately for project work and production
for brochures, promotions, web site design, special events and other special projects,
as well as for any media purchases like newspaper, print, radio or television made
by Contractor on behalf of the County. All separate project work discussed in this
section will be estimated by Contractor in advance, and the Administrator,
Community Development and Environmental Services Division, or his designee,
must sign the estimate before work on these projects or purchases can commence.
e)
The County will reimburse Contractor for external expenses such as telephone, fax,
messenger service, reproduction work, Internet charges, public relation news wires
and clipping services, as well as mailing, packaging, shipping, taxes and duties,
printing, copying and other expenses incurred by Contractor in connection with the
performance of this Agreement. Such costs shall not exceed two hundred dollars
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($200) per month without the prior written approval and consent of the County. For
any communications between Contractor's office and the County, no charges will be
made to the County for the above-mentioned expenses.
The County will only reimburse Contractor costs for travel and entertainment on
behalf of the County, provided such travel and entertainment has been approved
and consented to, in writing, in advance, by the County.
If media or other charges increase or decline following Contractor submission of an
estimate, the County's responsibility will be adjusted accordingly. If the amount of
space, time, or other advertising services actually used is less than what was
contracted, the County agrees to pay for any rate changes resulting from charged
loss of volume discount or because of higher scheduled rates. If additional space,
time, or services results in a lower rate, the County will receive the benefit of the
lower rate. Contractor agrees to notify the County of any such rate changes as soon
as such information is available to Contractor.
If the County, after having approved any planned advertising, cancels all or part of
this advertising, the County will pay all costs incurred up to the point of
cancellation, including any non-cancelable commitments for time or space.
h) Contractor will receive a fifteen percent (15%) commission on the gross charges,
paid by the advertising media and printing. Purchases of goods and services must be
pre-aPproved by the Administrator, Community DeVelopment and Environmental
Services Division, or his designee, in advance of purchase. At that time a decision will
made by the Administrator whether the County will be directly billed for the goods
and services.
i) Contractor will take a fifteen percent (15%) commission on the gross charges from
third parties with whom Contractor has contacted for products or services used to
implement the marketing projects or advertising approved by the County.
j) All cash discounts allowed to Contractor by third party suppliers will be credited to
the County provided such payments are made directly to Contractor in accordance
with the specific discount terms contained in Contractor's invoices and provided the
County is not in default on payment of any amounts due to Contractor.
Professional Fees/Hourly Basis
Art Direction
Production in-House
Strategic & Marketing Planning
Public Relation
Website Design
$ 6O - $120
35 - 60
100 - 250
80 - 150
75 - 125
NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed by registered or certified mail to the Contractor at the following Address:
Kelley Swofford Roy, Inc.
Advertising Marketing Public Relations
355 Palermo Avenue
Coral Gables, Florida 33134
Effective February 15, 2002, Kelley Swofford Roy, Inc. will move to new headquarters
located at 3399 Ponce de Leon, Coral Gables, Florida 33134.
All Notices from the Contractor to the County shall be deemed duly served if mailed by
registered or certified mail to the County to:
Administrator, Community Development &
Environmental Services Division, Collier County Government
2800 N. Horseshoe Drive
Naples, Florida 34104
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 Service
Agreement must be in writing.
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.
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.
o
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.
OWNERSHIP OF DOCUMENTS PRODUCED: All plans, preliminary outlines,
sketches, copies, and all other intellectual properties or work that are produced
pursuant to this agreement must be pre-approved prior to purchase by the
Administrator or his Designee. All such property will remain the property of the
Contractor until such time as all payments due Contractor for the particular work have
been made. Thereafter, all such material shall become the property of the County
except copyrighted material to which the copyright is held by a third party or parties
unrelated to the Contractor. Upon termination of this agreement, all such property and
materials shall be the property of the Contractor unless the County pays for them in
accordance with the terms of this agreement, even though the County or another party
may have physical possession of the property in question. Contractor shall endeavor to
utilize uncopyrighted material or secure releases of copyrights for the County.
TERMINATION. Should the contractor be found to have failed to perform its services
in a manner satisfactory to the County as per this Agreement, .the County may terminate
said agreement immediately for cause. Either party may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance. Upon termination of this Agreement, Contractor will bill the County
for all amounts not previously billed and due Contractor at that time. Contractor will not
be entitled to payment for any advertisement if work on it commenced after Contractor
received the notice of termination. Contractor will be entitled to payment for services for
advertisements commenced and approved for placement in a specific media by the
County prior to receipt of such notice; or with the expressed written consent of the
County prior to the effective date of termination.
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:
go
Commercial General Liability: Coverage shall have minimum limits of $300,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
contractors; Products and Completed Operations and Contractual Liability.
12.
13.
Business Auto Liability.'. Coverage shall have minimum 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. 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
$1,000,000 for each accident.
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 Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 30 days prior to any expiration date. There
shall be a 30 day notification to the County in the event of cancellation or
modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors 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.
INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred
Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of
this document, shall hold harmless and defend Collier County and its agents and
employees from all suits and actions, including attorneys' fees and all costs of litigation
and judgments of any name and description arising out of or incidental to the
performance of this contract or work performed there under. This provision shall also
pertain to any claims brought against the County by any employee of the named
Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by
any of them. The Contractor/Vendor's obligation under this provision shall not be
limited in any way by the agreed upon contract price as shown in this Contract or the
Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One
Hundred dollars ($100.00) of money received on the contract price is considered as
payment of this obligation by the County.
This section does not pertain to any incident arising from the sole negligence of the
County.
CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the Administrator of the Community Development and Environmental Services
Division.
14.
15.
16.
17.
18.
19.
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: Insurance Certificate.
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.
COOPERATION: Contractor shall fully cooperate with the County in all matters
pertaining to this agreement and provide all information and documents as requested
by the County from time to time. Failure to cooperate, as interpreted by the County
shall constitute grounds for the County to impose sanctions that do not result in
termination of this agreement.
AVAILABILITY OF RECORDS: Contractor shall maintain all records, books,
documents, papers and financial information pertaining to work performed under this
Agreement. Contractor agrees that the County, or any of its duly authorized
representatives, shall, until the expiration of three (3) years after final payment under
this Agreement, have access to, and the right to examine and photocopy any pertinent
books, documents, papers, and records of Contractor involving transactions related to
this Agreement.
PROHIBITION OF ASSIGNMENT: Contractor shall not assign, convey, or transfer in
whole or in part its interest in this Agreement without the prior written consent of the
County.
The County shall be the owner of and in possession of the originals of all intellectual
property created or furnished pursuant to this agreement, including, but not limited to
drawings, paintings, photography, film, video, and printed documents, unless
specifically exempted by the County.
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
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
First Witn/eess
Type/print wimess name
Kelley Swofford Roy, Inc.
By: ..;~ 0_~.-~, , _
Signature
Typed signature and title
CORPORATE SEAL
(corporations only)
Approved as to form and
legal sufficiency:
I.~cqu01ine Hubl~a;d Robinson
l~sistant County Attorney
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