Agenda 09/23/2008 Item #16F 7Item # 16F7
September 23, 2008
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve and
authorize the Chairman to sign an agreement between Collier County and
DiaMonde e.K. in FY 09 for International marketing representation services
in the amount of $190,000.
OBJECTIVE: Approve an agreement for tourism marketing representation in the
German speaking and Benelux regions of Europe.
CONSIDERATIONS: The Collier County tourism industry has enthusiastically
supported and the Tourist Development Council (TDC) and the Board of County
Commissioners concurred to provide international marketing representation for Collier
County on a full -time basis for the remainder of FY 08 and FY 09. The use of tourism
emergency advertising funds for expanded international marketing efforts due to the
declaration of an Economic Emergency was authorized by the Board of County
Commissioners at their July 22, 2008 meeting, Agenda Item 10 I. The representation
services for FY 09 by DiaMonde total $190,000 and will include travel trade training,
sales missions, trade shows and public relations assistance on behalf of the Naples,
Marco Island, Everglades Convention & Visitors Bureau (CVB).
ADVISORY COMMITTEE RECOMMENDATIONS: The TDC approved the use of
emergency advertising funds for expanded international marketing efforts at the June
23, 2008 meeting.
LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's
Office and is legally sufficient for Board action. - CMG
FISCAL IMPACT: Sufficient funding is available in Fund 196 for these services.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
RECOMMENDATION: For the Board of County Commissioners to approve and
authorize the Chairman to sign an agreement with DiaMonde e.K. for international
marketing representation services in Germany and the Benelux region for FY 09 in the
amount of $190,000.
PREPARED BY: Jack Wert, Tourism Director
Item # 16177
September 23, 2008
Page 2 of 9
Recommendation for the Board of County Commissioners to approve agreement between Collier
County and DiaMonde e.K. in FY 09 for International marketing representation services in the
amount of $190,000 and authorize the Chairman to sign said Agreement.
Prepared By:
Department Date
Tourism 9/9/2008 9:12:36 AM
Approved By:
Department Approval
County Attorney Approved
Approved By:
Date
9/17/2008 2:05 PM
Department Approval Date
Office of
Management Approved 9/17/2008 2:46 PM
and Budget
Approved By:
Department Approval Date
County
Manager's Office Approved 9/17/2008 2:54 PM
ATTACHMENTS:
Name: Description: Type:
❑ DiaMondeFYUAgreement
JU.doc Dia Monde Exec Summ Executive Summary
0 cpAttachment odf Economic Emergency Resolution Resolution Letter
b Di_a Monde Agreement. Idff Agreement Agreement
Item # 16F7
September 23, 2008
Page 3 of 9
RESOLUTION NO. 2008- 222
RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AUTHORIZING USE OF TOURIST
DEVELOPMENT FUNDS FOR EMERGENCY ADVERTISING DUE
TO THE DISTRESSED ECONOMIC SITUATION IN THE UNITED
STATES.
WHEREAS, the Board of County Commissioners of Collier County sets aside tourist
development tax funds for Emergency Advertising in Fund 196 in accordance with Ordinance
No. 92 -60, as amended; and
WHEREAS, the Board of County Commissioners finds that there is an Economic
Emergency due to the distressed economic situation in the United States and that use of
Emergency Advertising Funds for this purpose is appropriate; and
WHEREAS, the Board of County Commissioners desires to authorize staff to use up to
$800,000 annually from Fund 196 for Emergency Advertising on an as- needed basis for two
years (FY 08 and FY 09); and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: the Tourism Director is
authorized, after approval by the County Manager and the Chairman of the Tourist Development
Council, to use funds up to $500,000 in FY 08 and up to $800,000 in FY 09 for Emergency
Advertising in accordance with this Resolution; and
BE IT FURTHER RESOLVED, the Board of County Commissioners finds that
circumstances or events in or near Collier County which warrant the immediate use of
Emergency Advertising Funds includes a distressed economic condition as it exists today in the
United States; and
BE IT FURTHER RESOLVED, the Board of County Commissioners further finds that
there is state of emergency warranting the expenditure of Emergency Funds for advertising in
specifically identified markets; and
BE IT FURTHER RESOLVED, this authorization is for the duration of the County's
contract with Paradise Advertising and Marketing, which contract shall expire on September 30,
2008, unless renewed annually for up to a maximum of two (2) additional years.
Item # 16F7
September 23, 2008
Page 4 of 9
This Resolution adopted this _ off, day of July, 2008 after motion, second and majority
vote favoring same.
ATTEST:,
DWICJTr)3..1 ROCK, Clerk
A 5t ~�s Eo �.,�6pM� C31erk
t'at�cr.Q!''` ti
Apol!Dyed -as to foon and
legal s&Kci adcy:'
Colleen M. Greene, Assistant County Attorney
CP\\ TDC:\ 2007Rraa \AuthorimEnxnmcyAdvertisingF=ds
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
i�
TNNhIENNING,
September 23,
Page 5 of 9
DIA MONDE
RV NATASA MANILA
•AL[8 I - .RKETIN6 I RROM0"D" I ...... ENTRT111
FOR LUXURY RETREATS WORLOWIOE
-.. ... 1. 1. 11. IvU m ..__
REPRESENTATION AGREEMENT
This is a representation agreement for Collier County, hereafter referred to as
THE CLIENT prepared by DiaMonde e.K., a registered company in Stuttgart,
Germany, registration number HRA 722594 and tax ID number DE222067856,
for the representation of THE CLIENT in the German- speaking and Benelux
market places.
The agreement is aimed at generating more awareness and business from
above mentioned market places place for THE CLIENT. Main feeder countries
include Germany, Switzerland, Austria and the Benelux.
Activities will be executed according to the attached marketing plan and its
budget.
1j LIASON LIAISON and REPORTING
DiaMonde will coordinate directly with the assigned members of staff Rhin?
THE CLIENT head office.
REPORTING
Monthly reports will be submitted to the Executive Director'by the l Oth of the'
following month, outlining activities per country with future activity projections,
and market overviews.
4
FEES and EXPENSES= Y
-�I
The retainer fee for activities for THE CLIENT is agreed at US$8500 per-month
commencing October t, 2008. The annual cost of this agreomentl shall not
exceed US$190,000 including US$102,000 in daily fee's for service and
US$88,000 in travel expenses. Additional expenditures must be authorize4 by
Collier County by change order to this agreement.
Administrative and office cost are included in the above mentioned'fee. This
will include cost of communication, stationery, daily, postage. and - printing for
the sales office as well as cost of travel by car /train, in Germany, Austria and
Switzerland for regular sales calls to agents and operators. -it does notinclude
CALWER 9TR. 19 70173 8TUTTOART BE.. ..
Item # 16F7 .,_
September 23,
Page 6 of 9
any airfares or any travel outside of the agreed sales calls travel schedule
which is attached. The retainer representation cost has been agreed at the
following exchange rate: 1 Euro = 1.60 US Dollar
Should the exchange rate fluctuate by more than 10 %, the retainer fee will be
re- negotiated.
Cost of travel and entertainment will be billed separately to the fees in
arrears, after previous approval from the Executive Director. Travel cost for
attendance at trade shows, road shows or any other specific events for THE
CLIENT will be billed separately to the fees in arrears, after previous approval
from the Executive Director. A per diem charge applies as follows:
Germany:
€24 per day of travel
Netherlands:
€39 per day of travel
Belgium:
€42 per day of travel
Austria:
E36 per day of travel
Switzerland:
€48 per day of travel
USA:
€54 per day of travel
(official German per diem rates for travel)
Mileage will be reimbursed at rate of US$ 0.585 per mile. Sales agent functions
to be billed separately, as required and will be extra to the fees above and
billed separately, only with agreement from THE CLIENT.
Co-op promotion fund costs will be invoiced Independently of fees and other
expenses and should not be incurred without prior approval.
TERMS
Once the agreement has been made, it shall subsist for a minimum of one
year. As long as neither party submits a written notice of three (3) months
(after the completion of the first year), the agreement shall be considered as
extended for one -year periods, without any further declaration necessary.
Payment of retainer fee shall be made for each month in advance upon
receipt of invoice. Travel expenses will be reimbursed in accordance with
chapter 218 Florida Statutes, also known as the "Local Government Prompt
Payment Act ", upon receipt of a proper invoice.
Payment shall be made by wire transfer, whereby the wire transfer charge is
to be split between both parties in equal amounts.
Any termination of this agreement shall be without prejudice to any
outstanding liabilities accrued or arising under this agreement. In the event of
cancellation, fees shall accrue on a daily basis up to the termination of the
period of notice.
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Item # 161F7
September 23,
Page 7 of 9
Payment is due in accordance with Chapter 218, Florida Statutes. This
agreement shall commence upon execution of this agreement and
terminate on September 30, 2010. The County may, at its discretion and with
the consent of the Contractor, extend the Agreement under all of the terms
and conditions contained in this Agreement for three (3) 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.
Invoicing - The purchase order number must be referenced on each invoice.
If this number does not appear or is omitted, invoice will be returned to the
vendor. Billing problems /concems should be directed to the Purchasing
Department, Purchasing Building, 3301 Tomiami Trail East, Naples, Florida
34412. Payment will be made upon receipt of a proper invoice with
appropriate backup.
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.
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 thereafter 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.
Prohibition of Gifts - No organization or individual shall offer or give, either
directly or indirectly, any favour, 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
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September 23,
Page 8 of 9
bids, RFP, and /or quotes; and, c. immediate termination of any contract held
by the individual and /or firm for cause.
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 immediately for cause; further the
County may terminate this Agreement for convenience with a seven (7) day
written notice. The County shall be sole judge of non - performance.
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.
Calwer Str. 19
70173 Stuttgart
Germany
Attn: Natasa Manic
All Notices from the Contractor to the County shall be deemed duly served if
mailed or foxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carrell
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.
Indemnification - To the maximum extent permitted by Florida law, the
Contractor or consultant 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 attorney's fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of Contractor or Consultant or anyone employed or utilized by the
Contract or Consultant 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.
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Item # 16177
September 23,
Page 9 of 9
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.
Insurance - The Contractor shall provide insurance as follows:
General Liability coverage in limits of US$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.
Venue shall be Collier County, Florida.
CONTRACTOR:
Two wi��tne ses:
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ATTEST:
Dwight E. Brock, Clerk
By:
i onde e.K.
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By:
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Type /print name
Owner: ^1
roved as to form and legal sufficiency:
ssistanI County Attorne
Y
Board of County Commissioners of
Collier County Florida
By:
Tom Henning, Chairman
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Type /print name
Prepared by DiaMonde eX on 27/0812008
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