Agenda 01/26/2016 Item #16E 3 1/26/2016 16.E.3.
EXECUTIVE SUMMARY
Recommendation to waive competition for legal and non legal advertisements and broadcasting
services for Collier County community based programs.
OBJECTIVE: To provide public service and other advertisements and broadcast information to the
public for County programs and initiatives.
CONSIDERATIONS: Currently the County has an active contract (12-5832 NS) with Naples News
Media Group approved by the Board on October 11, 2011 (Item 10E), which established discounted rates
for advertisements excluding legal and recruitment advertisement. This contract expires on February 29,
2016. The Procurement Services Division issued a solicitation, Invitation to Bid #15-6516 seeking
competitive proposals for these services, including legal and non-legal advertisement. On September 25,
2015, over 350 electronic notices were sent to local firms and 32 bid packages were downloaded. On the
due date of October 20, 2015, no bids were submitted. Procurement Staff surveyed the marketplace and
found that each advertisement is unique and some firms were unable to accurately bid for the work as
there are so many different programs using a variety of print, radio and television media outlets in
Southwest Florida to reach the public.
Staff approached the Naples Daily News and was able to negotiate reduced rates for the publication of
legal and non-legal advertisement. The new rate for non-legal advertisement, also referred to as "run of
paper," is $39.69 per column inch, per day, including color. The Collier Citizen and Marco Eagle will be
billed at a rate of$10.00 per column inch, per day, including color. Legal advertisement remains at the
rate of$16.50 per line with a 15%discount allowed by Florida Statutes to government entities.
County staff believe there is an additional need for advertising of programming and community events
using radio, television and other large public venues (i.e. movie theatres). In many instances, the type of
program drives the advertising need to reach a certain citizen demographic. By way of example, Collier
County Divisions have purchased advertising time from many different outlets such as Alpine
Broadcasting, Regal Cinema, and Waterman Broadcasting for their specific radio stations, television
networks and theatres. As marketing occurs, staffs need to use the market outlets available in the
community, and moreover, if programs target specific demographic populations, staff advertise with the
outlets that generally reach the greatest number of citizens who may use that outlet. It is very difficult to
engender competition in the advertisement and broadcast industry in Southwest Florida.
Pursuant to Section 9 B4 of the Procurement Ordinance 2013-69, as amended by 2015-37 and 2015-51,
staff requests that the Board find it is in the best interest of the public to waive competition for legal and
non legal advertisements and broadcasting services for Collier County community based programs to
ensure distribution of information to the public.
FISCAL IMPACT: Funds are budgeted in the Division's Cost Centers that provide advertising and
broadcast services for County programs and events. Historically, County Divisions have spent
approximately $102,000 annually on legal and non legal advertisement in the Naples Daily News (Scripp)
and approximately $140,000 in advertisement and broadcasting services in other radio, television and
public venues.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
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1/26/2016 16.E.3.
RECOMMENDATION: That the Board of County Commissioners waives competition associated with
the procurement of advertising and broadcasting services; declares that these services are in the best
interest of the public and therefore serve a valid public purpose; authorizes staff to place legal and non-
legal advertisement with any media company in Southwest Florida to reach the most citizens and serve
the best demographic for the program or event; and authorizes the Chairman to execute a Revenue
Agreement with Scripps NP Operating, LLC, d/b/a Naples Daily News.
Prepared by: Scott D. Johnson, Procurement Manager,Procurement Services Division
Attachments: Revenue Agreement and Addendum A with Rate Card
•
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.3.
Item Summary: Recommendation to waive competition for legal and non legal
advertisements and broadcasting services for Collier County community based programs.
Meeting Date: 1/26/2016
Prepared By
Name: CummingsRhonda
Title: Procurement Specialist. Procurement Services
12/22/2015 4:22:33 PM
Submitted by
Title: Procurement Specialist,Procurement Services
Name: CummingsRhonda
12/22/2015 4:22:35 PM
Approved By
Name: JohnsonScott
Title: Manager-Procurement, Procurement Services
Date: 12/27/2015 8:11:47 PM
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services,Procurement Services
Date: 12/28/2015 7:46:59 AM
Name: pochopinpat
Title: Operations Coordinator,Administrative Services Department
Date: 12/28/2015 12:01:00 PM
Name: CummingsRhonda
Title: Procurement Specialist, Procurement Services
Date: 1/4/2016 12:10:34 PM
Name: PriceLen
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1/26/2016 16.E.3.
Title: Department Head-Administrative Svc. Administrative Services Department
Date: 1/8/2016 1:19:54 PM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 1/13/2016 3:29:16 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/15/2016 10:40:40 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/15/2016 11:14:23 AM
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1/26/2016 16.E.3.
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Advertising Agreement Collier County Agreement #15-6516
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Advertising Agreement
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Aciveoseo signing the commitment contract(^[ontrac -)will qe bitted az the rates indicated N trio[oncec:.Advertisers who
do nos fultiit their original commitimeni will net re-billed az tne!eve:achieved.
iPa[ES may beadiusteci o:rn trio:em of this ConteoupOn thirty 80days wrttten notice to Advertiser,Advertises ethave
ten(iCh nays from receipt:ot such written notice to terminate the agreement.It no such termination notice is received by
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4 41-.tne.reduest fit.Overdser and upon mutual agreement of the barites,this C.ontract may be ameoned rased on expected
increased spend.effettive trio first ot the following month.az any tone during tile angina',term of the contra::an:enju
rerulerig lower rate:thmughmrnent.term rf the Contract.Previously run ads wilt not be re-rated at the lower rate.
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7 gdverngng.,space oancelleoatterdead8ne wilt be bitten ac the rate outlined!n toe Contract.
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comaosineri atrie:materials furnished:oy the Published shall be Me property of Publisher.Aoversiser snail ndt autaorizio
phczo0rapihitsor other repmooction|n whale orin part.o+any adverdsemenutor Use'n any cohermedium xwthmu:the e:press
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v;Oa1soeve:including.w/thoutknnuat|on.lost business profits anong out at the publication of the advertising hereunder.
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arvv warranty theory,iri negligence or oznerwise,even ri Publisner has been previously advised ofthepcss|bk|ty such
damages.in no event shall the Pubtisher be tiabie to Advertises f ot any damages.orrect or othCrwIst,in wrest of the totai
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Addendum A
Revisions to Scripps NP Operating, LLC d/b/a Naples Daily News
Revenue Agreement#15-6516
The following changes to the above referenced Contract Terms have been mutually agreed to by Scripps NP
Operating, LLC, d/b/a Naples Daily News ("Publisher") and the Collier County Board of County Commissioners
("County" and"Advertiser"):
The additions to the existing language in the Contract are shown herein by underlining; deletions from the Contract are
shown by striket# +ghs.
Terms:
Delete items 1 and 2:
Coast.
Replace item 1 with:
1. By signing a revenue commitment contract("Contract"), the County will be billed at the rates indicated in the Rate
Card, attached hereto, further: "Advertiser" shall be defined as the individual County division staff that is placing
advertisements. Advertisements shall be placed upon issuance of a Purchase Order or through the use of a
Collier County Purchasing Card (Visa). Contract pricing shall be applicable to all County divisions and shall
automatically be applied as each order for advertising is placed.
Change item 5 as follows:
5, = _= = - -- ° -- -• =°• - - - -'
days-overdue- Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70,
Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." if payment has been made by
Purchase Order, the number of the Purchase Order shall appear on all invoices. 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"'aches" as untimely submitted.
Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement.,
Replace item 8 as follows:
8. Advertisers are allowed up to three (3) sets of changes before additional charges may apply at the rate of fifty
dollars($50.00) per hour.
Change item 10 as follows:
10. The County • = _ - - _ _ - - =- is solely responsible for the content of all advertisements and shall
indemnify, defend and hold harmless Publisher from any claim or lawsuit arising out of advertisements, subject to
the limitations of Section 768.28, Florida Statutes.
New item as follows:
15. All prior Agreements are hereby terminated the effective date of this Agreement.
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All other terms and conditions of the Contract shall remain in force.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA
By: By:
Dated: , Chairperson
(SEAL)
Scripps NP Operating, LLC, dlb/a
Naples Daily News
By:
First Witness Signature
TType/print witness namet Typed name and Title
Second Witness
TType/print witness name
Approved as to Form and Legality:
Assistant County Attorney
Print Name
0
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REVENUE AGREEMENT#15-6516
RATE CARD
DATED MARCH 1, 2016-FEBRUARY 29,2017
By signing a revenue commitment contract (Contract), the County will be billed at the per column inch rate of$39.69 per
day on any day regardless of size or frequency in the Naples Daily News. This applies for all Non-Legal advertisements
otherwise known as "Run of Paper" ROP advertisements which exclude Legal advertisements. This rate includes color.
No further discounts will apply.
The per column inch rate for the Collier Citizen or the Marco Eagle will be $10 per column inch regardless of day of
publication, size and includes color. No further discounts will apply.
Naples Daily News and Community Publisher
1/8 Page 13.5 column inches (3X4.5)
'/4 Page 27.75 column inches (3X9.25)
'/2 Page 55.5 columns inches (6X9.25)
s/Page 81 column inches (6X13.5)
Full Page 112.5 column inches(6X18.75)
in The 239
14 Page 15 column inches (3X5)
% Page 30 column inches (3X10 or 6X5)
Full Page 60 column inches(6X10)
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