Agenda 07/10/2018 Item #16F807/10/2018
EXECUTIVE SUMMARY
Recommendation to award RFP #18-7294 “Collier County Naming Rights and Sponsorship” to The
Superlative Group, authorize the Chairman to execute the associated agreement, and approve all
required fund transfers.
______________________________________________________________________________
OBJECTIVE: Approve the selection of The Superlative Group for Naming Rights for County assets
with an initial primary emphasis on the new Amateur Sports Complex.
CONSIDERATIONS: Collier County Procurement managed a Request for Proposal (RFP) process to
select a firm to assist the Tourism Division in securing Naming rights for various assets. The RFP was
posted on 3/14/2018 with notices sent to 6577 firms, with full solicitation packages downloaded by Sixty-
four (64) interested parties. Three proposals were received by the close date of April 16, 2018. One firm
was found non-responsive due to not submitting a proper bid package. A selection committee reviewed
the responsive bids and unanimously selected The Superlative Group as the number one bidder.
Procurement staff negotiated the attached contract to work with the County staff to identify, negotiate and
bring naming rights proposals to the County Commission for consideration.
The process of naming rights has been an accepted way to generate funding for various types of facilities
for many years. Sports complexes and municipal holdings are well documented examples of the power of
naming rights to generate large sums of funding for 10 or more years at a time. Research conducted by
County staff has concluded that there are County owned assets, such as the Amateur Sports Complex, that
will provide revenue for the County by having these assets Named or Sponsored. Details for the multiple
year agreement with The Superlative Group are as follows:
1. Negotiations with The Superlative Group have been completed with the assistance of the County
Procurement Division. Staff is proposing that The Superlative Group will be compensated in the
following manner:
a. An initial amount of $82,500 over 4 months will be payable to The Superlative Group in
monthly installments to complete Phase # 1 for Naming Rights research as outlined in
their bid document.
b. A monthly fee of $7,500 payable for an additional 20 months will compensate The
Superlative Group for Phase 2 for developing a strategic sales campaign for naming
rights with companies or individuals for a total of $150,000 over those 20 months.
c. A 17.5% commission per asset from the sale of Naming Rights or Sponsorships will
compensate the Superlative Group for the same 20-month period based on the gross
revenue to the County from each naming rights contract with each company or
individual.
d. A 17.5% commission for Phase 3 for ongoing implementation of a strategic plan for the
sale of naming rights or sponsorship will compensate Superlative Group monthly on all
gross revenue to the County from those naming rights contracts for an additional 36-
month period.
e. A 7.5% commission on any naming rights contact that is first contacted by County Staff
and results in a Naming Rights agreement or sponsorship.
2. The attached contract with The Superlative Group has an initial term of five (5) years with one
five-year renewal option. The deliverables for the term of this contract will be:
a. The Superlative Group will identify and market (sell) all Naming Rights and Sponsorship
Opportunities for the Collier County Amateur Sports Complex (ASC) and other County
assets.
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07/10/2018
b. The Superlative Group will develop a County-wide Marketing Asset Inventory and
Valuation report, consisting of existing and prospective tangible and non-tangible
marketing of County owned assets, including an estimate of the financial value of each
asset identified.
c. The Superlative Group will further develop, with the assistance of County staff, a
Comprehensive Sponsorship Policy to guide County staff in developing future corporate
sponsorships for events and naming rights for other identified County owned assets in
the future.
d. The Superlative Group will further develop a Strategic Plan for Marketing County Assets
and provide the County with a procedure to maximize the revenue for naming rights in
the future for County assets. The Superlative Group will assist the County in marketing
and selling naming rights of BCC approved County assets.
FISCAL IMPACT: Funding for the initial retainer of $82,500 to complete Phase # 1 Naming Rights
tasks is available in General Fund cost center # 001-103010 with a subsequent reimbursement from
Tourist Development Tax funds for the Naming Rights work specific to the new Amateur Sports
Complex.
GROWTH MANAGEMENT IMPACT: There is no impact to the Grown Management Plan with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - CMG
RECOMMENDATION: That the Board of County Commissioners awards RFP #18-7294 - “Collier
County Naming Rights and Sponsorship” to The Superlative Group, authorizes the Chairman to execute
the associated agreement, and approves all required fund transfers.
Prepared by: Jack Wert, Tourism Director
ATTACHMENT(S)
1. 18-7294 Solicitation (PDF)
2. Linked 18-7294 - Proposal-The_Superlative_Group_041618 (PDF)
3. 18-7294 Final Ranking (PDF)
4. 18-7294 Approved NORA (PDF)
5. 18-7294 - Naming Rights and Sponsorship Agreement VEN Signed (PDF)
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07/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.8
Doc ID: 6165
Item Summary: Recommendation to award RFP #18-7294 “Collier County Naming Rights and
Sponsorship” to The Superlative Group, authorize the Chairman to execute the associated agreement and
approve all required fund transfers.
Meeting Date: 07/10/2018
Prepared by:
Title: Tourist Development Tax Coordinator – Tourism
Name: Kelly Green
07/03/2018 2:55 PM
Submitted by:
Title: Division Director - Tourism – Tourism
Name: Jack Wert
07/03/2018 2:55 PM
Approved By:
Review:
Procurement Services Sandra Herrera Additional Reviewer Completed 07/03/2018 2:58 PM
Procurement Services Sandra Herrera Level 1 Purchasing Gatekeeper Completed 07/03/2018 3:00 PM
Procurement Services Ted Coyman Additional Reviewer Completed 07/03/2018 3:05 PM
Procurement Services Adam Northrup Additional Reviewer Completed 07/03/2018 3:07 PM
Tourism Jack Wert Director Review Completed 07/03/2018 3:15 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 07/03/2018 3:23 PM
County Manager's Office MaryJo Brock Executive Director- Corp Business Ops Skipped 07/03/2018 2:57 PM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 07/03/2018 3:15 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/03/2018 3:49 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2018 3:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
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1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROPOSAL (RFP)
FOR
COLLIER COUNTY NAMING RIGHTS & SPONSORSHIP
SOLICITATION NO.: 18-7294
ADAM NORTHRUP, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-6098
adam.northrup@colliercountyfl.gov (Email)
This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations
to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
16.F.8.a
Packet Pg. 2441 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
SOLICITATION PUBLIC NOTICE
REQUEST FOR PROPOSAL (RFP)
NUMBER:
18-7294
PROJECT TITLE: COLLIER COUNTY NAMING RIGHTS & SPONSORSHIP
LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295
TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112
PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FL 34112
All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
https://www.bidsync.com/bidsync-cas/
INTRODUCTION
As requested by the Tourism Division (hereinafter, the “Division”), the Collier County Board of County Commissioners Procurement
Services Division (hereinafter, “County”) has issued this Request for P roposal (hereinafter, “RFP”) with the intent of obtaining
proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The
vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments once awarded according to the Board of County
Commissioners Procurement Ordinance.
The goal of the County is to catalog County assets which may yield corporate sponsorship benefits to the County and assess the
possible marketing value of these assets. Furthermore, the Contractor shall provide the County with marketing opportunities f or the
County’s assets.
BACKGROUND
The Naples, Marco Island, Everglades Convention & Visitors Bureau is seeking proposals from companies to provide Naming Right s
expertise to Collier County with the goal of researching, valuating and securing contracts on Collier County (County) assets such as
Buildings and Properties.
TERM OF CONTRACT
The contract term, if an award(s) is/are made is intended to be for two (2) years with two (2) two (2) years renewal options. Prices
shall remain firm for the initial term of this contract.
Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure.
DETAILED SCOPE OF WORK
Scope of Work (General)
The Contractor shall provide the County with three (3) general deliverables for this project:
1. A Marketing Asset Inventory and Valuation report, which will consist of existing and prospective tangible and non -tangible
marketing assets, including an estimate of their potential sponsorship financial value;
2. Comprehensive Sponsorship Policy: develop a written policy for the County taking into consideration existing sponsorship
acceptance procedures. The Contractor shall provide the County with a draft policy for review.
3. Strategic Plan for Marketing Assets: provide the County with a detailed plan to maximize the corporate sponsorship potenti al for
the County. The Contractor shall also educate the County through a detailed presentation of the final r eport. This may include a
presentation to County Commissioners as deemed necessary by the County’s Operations Analyst/Project Manager.
Contractor shall provide all reports electronically in a format that is acceptable to the County. Upon completion and ac ceptance of
each task by the County, the Contractor may invoice the County as per the Rate Schedule. Prior to any travel, Contractor shal l provide
to the County’s Operations Analyst/Project Manager a detailed estimated cost breakdown for review and approva l.
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Packet Pg. 2442 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
Work Breakdown Structure
Task I: Marketing Asset Inventory and Valuation
Identify and assess the value of the building and land assets that the Collier County has available which would be suitable for securing
naming rights.
The key tasks of the Valuation Report are outlined below:
Naming Value –
The first step in Naming Value involves calculating many "impressions", derived from the number of marketing/advertising or
sponsorship platforms that are available to reach the target audience. When assessing the Naming Value, the number of available
impressions from public interaction (including visits to facilities) in television, print and online/digital exposure will be identified.
Impressions are then scaled from "valued impressions" to "waste i mpressions", and then to adjust the Naming Value accordingly.
The Media Value includes an assessment of the value of engaging the target audience and the quality of exposure received. Th e
value of each impression with respect to a specific demographic or target audience is an important part of Media Value. A target
audience may include millennial and baby boomer demographics, those interested/involved with amateur and professional sports,
families with children (at home), seniors (55 and over), retirees, Hispanics and those considering relocation to Collier County. All
may be considered as "premium audiences" by a wide range of potential marketing partners, which increases the Media Value.
The term “quality of exposure” is determined based on:
• How prevalent the Sponsor’s “ID” (Name) is through the exposure period (all media’s)
• The “impact” its placement has integrated with an action of the audience that enhances or complements its experience. The
final aspect of understanding Media Value is assessing the cost of engaging the target audience and achieving high-quality
exposure. This will be an assessment of the cost of delivery (to the Naming Rights Partner or Sponsor) and may include
direct costs (such as installing signage), overhead costs (maintai ning a “sponsored” walkway or media platform) and or
development costs including digital exposure.
The contractor shall perform the following:
1. On-site interviews of County department heads and other personnel as necessary to understand the County’s cu rrent
assets, marketing and sponsorship activity level. The County’s Operations Analyst/Project Manager will coordinate each
visitation and interview with the Contractor. Visitations may include several or all County departments at the County’s
Operations Analyst/Project Manager’s sole discretion.
2. Examination of current County asset management agreements, including, but not limited to: Beach Concessions; Vending
Machines; Tennis Centers; Parking garages and other assets identified by the County’s Operations Analyst/Project Manager.
Contractor shall also review any special events contracts the County currently has.
3. Comprehensive examination of the County’s current and recent marketing materials to evaluate effectiveness and proposal
of areas for improvement to the County.
4. Provide a deliverable list of product licensing opportunities for the County.
5. Add and suggest to the County additional sponsorship opportunities.
6. Organize all data collected into a database (e.g., spreadsheet format or other County approved format). Contractor shall
provide the County with the draft format for approval prior to comp letion of the report. The report may include at the
County’s Operations Analyst/Project Manager request the following items, and the Contractor may add items the Contractor
deems as important to the County:
a. Inventory Item Category (Advertising, Event, Preferred Vendor, Capital Project, Naming Rights, etc.);
b. Address/physical location, description, date added to the database, utilization statistics;
c. Pedestrian, vehicular, viewership or other relevant exposure data;
d. Marketing opportunity available (advertising, branding, promotion, etc.);
e. Rights available, date available, etc.;
f. Any sales history (to whom, what price, when, etc.);
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Packet Pg. 2443 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
g. Any known conflicts/limitations on selling;
h. Contact address, phone, fax and e-mail;
i. Terms (length, price, options to renew);
j. Rights granted;
k. Any encumbered reversionary rights;
l. Legal/policy limitations on rights;
m. Suggested pricing;
n. Assessment of the value range for assets;
o. Suggested/possible bundling opportunities with other assets;
p. Assessment of the degree of difficulty to obtain a sponsorship agreement;
q. Indication of priority
Measuring Return on Investment –
Measuring, “Return on Investment” reflects the ability to adequately measure what the sponsorship partners can expect to receive.
Measuring, “Return on Investment” includes the direct or tangible benefits available to the sponsorship partner. These typic ally form
a significant portion of the overall sponsorship value because each item is identified to the sponsor.
Return on Investment is separated into several categories including and not limited to:
• On-Site Signage
• Sporting or Event Tickets
• Marketing Collateral
• Display Opportunities including Social and Digital media
Prospective candidates will use industry standards and its experience in this market. The use of pre -impression or rate card values to
assign a price or value to each benefit is to be identified.
Intangible Benefits –
Intangible benefits, add value to sponsorships, but fall outside traditional media platforms (below). The Qualitative Benefits represent
the premium value a sponsorship demands over alternative marketing investments.
Intangible Benefits are classified into five categories:
• Prestige of Property
• Value of Audience
• Sponsorship Activation
• Sponsor Protection
• Geographic Reach
• Sponsor’s Digital Reach
Contract Analysis –
• Review of pre-existing Collier County contracts and agreements
• Apply standards and regulations – work with the Collier County’s legal and executive teams to ensure that the asset database
is being developed in a manner that is consistent with the existing policies and ordinances.
• Analyze marketing and sponsorship initiatives – research Naming Rights and Sponsorship contracts from other public and
private parks, arenas, stadiums, theatres, convention centers, universities and municipalities and other stakeholders to gaug e
the level of interest and enthusiasm for marketing partnerships.
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Packet Pg. 2444 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
Market Analysis –
• The inventory available
• The needs of potential sponsors
After this assignment (task), a presentation will be delivered to the Collier County Board of County Commissioners outlining the,
“Return on Investment” and “Monetary Gains” of pursuing the practice of Naming Ri ghts as a funding source for the County.
Task 2. Creation of a Comprehensive Sponsorship Policy for the Collier County
The Contractor shall provide the County with a comprehensive Corporate Sponsorship Policy tailored to the County based on Tas k
1 results and industry best practices. When creating the policy, the Contractor shall develop the policy based on input from the
County’s Commissioners, Leadership and Staff. If requested, the Contractor shall provide recent and relevant examples of othe r
municipalities that have developed similar programs and the results. When citing samples, Contractor shall attempt to provide
municipalities that are comparable to the Collier County in size, revenue, asset base, etc...
The Corporate Sponsorship Policy shall include, but not be limited to the following:
1. Purpose of the policy
2. Scope of policy
3. Definitions, as applicable
4. Criteria for attracting sponsors
5. Suitable activities for sponsorships
6. Benefits for sponsors
7. Sponsorships not permitted under the policy/Restrictions
8. General Ethics framework considerations
9. Statement as to County’s discretion to rejec t sponsorships
10. Conflict of interest considerations
11. Process for attracting sponsors
12. Sponsorship Agreements content etc.
13. Approval Authority
14. Responsibilities
15. Risk Management
Task 3. Develop Strategic Plan for Marketing Assets – Sales Campaign
Contact and Evaluate Potential Sponsorship Partners –
• Provide proof of an established contact database of past successful deals
• Identify and research prospective companies and corporations through various subscribed databases to match the marketing
needs of such with the logical and most valuable marketing assets of Collier County
• Collaborate closely with County executives on recommendations they may have
• Promote sales campaign with a description of County initiatives through a myriad of resources
• Create presentation material: Such material will provide specific information for potential investments and/or partnerships
with the County as a part of the sponsorship program, including:
o Market/Demographic data
o Measured media value
o Value justification for unmeasured media
o Sponsorship benefits and options
o Options for renewal
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Packet Pg. 2445 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
o Financial investment
• Contractor shall provide the County with a comprehensive strategic plan for marketing of the County’s assets identified and
evaluated through Tasks 1 and 2. This report shall include, but not be limited to the following:
1. A written strategy document, that lists all assets in the database and which details the Contractor’s planned approach to
marketing the County’s assets identified with proposed action steps.
2. An assessment of the County's potential and recommend processes and policies to earn income from Product Licensing
Agreements.
3. An assessment of "Partner Designation and Use of Logo" opportunities.
4. An assessment of "Product Category Exclusivity" opportunities.
5. Identification of "Cost Reduction Opportunities" for items currently purchased by the County
6. An assessment of the County's "Licensing" potential by conducting a brand review and assessment, including an analysis
of target categories and subcategories provision of a licensing marketing plan, if such potential is found to exist.
At the County’s Operations Analyst/Project Manager discretion, the Contractor shall provide a detailed pr esentation of the
final report to the County’s Corporate Management team; County Manager and County Commissioners. The Contractor
shall explain the assessment of the County’s assets and its vision for obtaining the maximum value for each asset.
Furthermore, the Contractor shall be ready to discuss potential questions from the County leadership team regarding potential
questions from the community and concerns with any proposed plan.
Negotiate and Complete Agreements –
• Perform and to be the primary negotiator for the County in securing the naming rights for each facility designated by the
Board of County Commissioners.
• Needs individual action requires a complete agreement including signed contracts.
• Contracts must be presented to the Collier County Executi ves prior to Board of County Commissioners approval.
• Proposer must draft announcements to media outlets and follow through on their deployment upon their approval by County
Executives.
Contract Management Fulfillment –
Work closely with County staff to develop a system that accurately tracks the status of newly developed corporate partnerships. The
company’s experience shows that contract fulfillment requires participation from sales, legal and accounting functions to ens ure high
quality partner relationships.
Manage and Audit Ongoing Rights –
Establishes procedures with the County for post-contract review mechanisms to ensure that all benefits owed to the County are
captured and that the County is meeting its obligations under these contracts.
Activation and Audit (Term of Agreement) –
After delivery of a campaign agreement, the project team will assist the County in the activation and compliance of each aspe ct of
that agreement. Specifically:
• Finalize agreement terms and conditions
• Assist Collier County with the first year of activation of Naming Rights and sponsorships
• Assist in the development of payment schedules and compliance issues
• Assist the County’s Communications Department, or its vendor, with signage placement and design
• Provide other services as requested by the County
Progress Reports –
The project team must submit quarterly written reports to the County Manager. Reports must include:
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Packet Pg. 2446 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
• Following up meetings with target companies regarding any Naming Rights, corporate sponsorshi p and revenue potential.
• Monthly provide the County team with an update on activity during the preceding month (This can be accomplished via
conference call).
• Progress reports should include the following information:
o Project time/scales and sales priorities
o Status and progress of deliverables in Scope of Services
▪ Status of all activities, events and effort
▪ Revenue generated to data
E. Summary Schedule of Tasks and Deliverables
Tasks Description Estimated Completion Date
The following table summarizes the tasks and
deliverables Contractor shall provide to the
County, including estimated delivery dates.
Delivery dates and schedules shall be
coordinated between the County’s Operations
Analyst/Project Manager and the Contractor
and may change during the life of the Contract
per agreement between the County and the
Contractor.
Task 1. Marketing Asset Inventory and
Valuation Report Initial assessment of County's assets 120 days from contract
execution
Task 2. Creation of a Comprehensive
Sponsorship Policy for the County
Provide the County with a Corporate
Sponsorship Policy based on
comparable examples and industry best
practices
120 days from contract
execution
Task 3. Development of Strategic Plan for
Marketing Assets
Final report summarizing all phases of
the project
180 days from contract
execution
Previously Approved Collier County Naming Rights and Sponsorship Agreements
In the event, Collier County provides notice to the contracted Naming Rights/Sponsorship firm/agency representing the County that
there is/was a previously discussed, negotiated, agreed to, communicated with, emailed, have written or non-written
agreement/arrangement or understanding with a potential Naming Rights/Sponsorship advertiser/client about a Collier County
asset/property or service; the Naming Rights/Sponsorship firm/agency that Collier County has a signed contract will not seek
reimbursement, payment, commission/fees of any type/kind from the County. Anything described above will not be subject to
remuneration.
REQUEST FOR PROPOSAL (RFP) PROCESS
1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Section 5.0 Grading Criteria
for Development of Shortlist, which will be the basis for short-listing firms.
The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and
scored by the COUNTY. The COUNTY will then grade and rank the firms and enter into negotiations with the top ranked
firm to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected
firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners.
1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process.
1.3 The intent of the scoring of the qualifications proposal is for respondents to indicate their interest, relevant experience,
financial capability, staffing and organizational structure.
1.4 Based upon a review of these qualification proposals, the COUNTY will rank the Proposers based on the discussion and
clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked
Proposer.
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Packet Pg. 2447 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
1.5 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations
with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be
successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations
shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals
in the best interest of the COUNTY.
GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST:
1.6 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to score
each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing
materials. Proposals must address the following criteria:
Evaluation Criteria Maximum Points
1. Cover Letter / Management Summary 5 Points
2. Certified Minority Business Enterprise 5 Points
3. Business Plan 20 Points
4. Cost of Services to the County 20 Points
5. Experience and Capacity of the Firm 20 Points
6. Specialized Expertise of Team Members 20 Points
7. Local Vendor Preference 10 Points
TOTAL POSSIBLE POINTS 100 Points
Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work
previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty -four
(24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial system
of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the
Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on
random selection by the Procurement Services Director before at least three (3) witnesses.
----------------------------------------------------------------------------------------------------------------------------------------------------------
Each criterion and methodology for scoring is further described below.
EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available)
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in
providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact
person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any
awards because of this RFP.
EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available)
Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified
Minority Business Enterprise.
EVALUATION CRITERIA NO. 3: BUSINESS PLAN (20 Total Points Available)
In this tab, include but not limited to:
• Detailed plan of approach (including major tasks and sub -tasks).
• Detailed time line for completion of the project.
• Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should
be for one of the projects listed as a reference.
EVALUATION CRITERIA NO. 4: COST OF SERVICES TO THE COUNTY (20 Total Points Available)
In this tab, include but not limited to:
• Provide the projected total cost and estimated calendar day duration (including projected hours) for which your
firm will provide the work as described in this RFP.
• Provide a schedule of values and deliverables.
• Provide proposed fee schedule of principals and staff (including sub-vendors).
EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (20 Total Points Available)
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Packet Pg. 2448 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
In this tab, include but not limited to:
• Provide information that documents your firm’s and subcontractors’ qualifications to produce the required
deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in
providing the required services.
• Describe the various team members’ successful experience in working with one another on previous projects.
The County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a
similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the
vendor that best represent projects of similar size, scope and complexity of this project using form provided. Vendors may
include two (2) additional pages for each pro ject to illustrate aspects of the completed project that provides the information
to assess the experience of the Proposer on relevant project work.
Minimum Experience/Qualifications’ Requirements:
Prospective firms must have a minimum of Three (3) years demonstrated experience and successful performance in
developing and implementing a corporate marketing and/or sponsorship programs to receive consideration for this
solicitation.
EVALUATION CRITERIA NO. 6: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points
Available)
In this tab, include but not limited to:
• Description of the proposed contract team and the role to be played by each member of the team.
• Attach brief resumes of all proposed project team members who will be involved in the management of the total
package of services, as well as the delivery of specific services.
• Attach resumes of any sub-vendors and attach letters of intent from stated sub-vendors must be included with
proposal submission.
EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE (10 Total Points Available)
Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax
Collector for at least one year prior to proposal submission to do business within Collier County, and that identifies the
business with a permanent physical business address located within the limits of Collier or Lee County from which the
vendor’s staff operates and performs business in an area zoned for the conduct of such business.
16.F.8.a
Packet Pg. 2449 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
INSURANCE AND BONDING REQUIREMENTS
Insurance / Bond Type Required Limits
1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued
by the State of Florida is required. Entities that are formed as Sole Proprietorships
shall not be required to provide a proof of exemption. An application for exemption
can be obtained online at https://apps.fldfs.com/bocexempt/
2. Employer’s Liability
$ 1,000,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$ 1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend,
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/ Vendor or anyone employed or
utilized by the Contractor/Vendor in the performance of this Agreement.
5. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. Other insurance as noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence if applicable to the completion of the Services under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $ ___________ Per claim & in the aggregate
Project Professional Liability $__________ Per Occurrence
Valuable Papers Insurance $__________ Per Occurrence
Cyber Liability $__________ Per Occurrence
Technology Errors & Omissions $__________ Per Occurrence
7. Bid bond
Shall be submitted with proposal response in the form of certified funds, cashiers’ check
or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal
bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the
Collier County Board of County Commissioners on a bank or trust company located in
the State of Florida and insured by the Federal Deposit Insurance Corporation.
16.F.8.a
Packet Pg. 2450 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
8. Performance and Payment
Bonds
For projects in excess of $200,000, bonds shall be submitted with the executed contract
by Proposers receiving award, and written for 100% of the Contract award amo unt, the
cost borne by the Proposer receiving an award. The Performance and Payment Bonds
shall be underwritten by a surety authorized to do business in the State of Florida and
otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or
better as to general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy holders’
surplus, all as reported in the most current Best Key Rating Guide, published by A.M.
Best Company, Inc. of 75 Fulton Street, New York, New York 10038.
9. Vendor shall ensure that all subcontractors 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.
10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General
Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained
by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly.
11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must s tate
the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on beh alf
of Collier County.
12. Thirty (30) Days Cancellation Notice required.
3/2/18 - GG
________________________________________________________________________________________
Vendor’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five
(5) days of the award of this solicitation.
Name of Firm
_______________________________________ Date ____________________________
Vendor Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance Agency
_________________________________________________________________________
Agent Name
___________________________________ Telephone Number ________________
16.F.8.a
Packet Pg. 2451 Attachment: 18-7294 Solicitation (6165 : RFP 18-7294)
Selection Committee
Scoring Sheet
RPS #: 18-7294
Title: Collier County Naming Rights and Sponsorship
Name of Firm Ed Caum Geoff Willig Jack Wert Jason Rummer Rick Garby Total Scores
Selection
Committee
Final Rank
Team Services LLC 74 67 59 48 54 302.00 2.0
The Superlative Group 83 79 74 75 80 391.00 1.0
Procurement Professional Adam Northrup, 5/15/2018
Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their scoring of the
proposals.
Step 2: The procurement professional will review the mathematically calculated totals and assign a final rank. #1 ranking will be
assigned to the firm with the highest total score, #2 to the next highest and so on.
Page 1 of 1
16.F.8.c
Packet Pg. 2452 Attachment: 18-7294 Final Ranking (6165 : RFP 18-7294)
16.F.8.d
Packet Pg. 2453 Attachment: 18-7294 Approved NORA (6165 : RFP 18-7294)
PROFESSIONAL SERVICE AGREEMENT
#18-7294
for
"Collier Countv Naminq Riqhts and Sponsorshio,,
THls AGREEMENT, made and entered into on this day of20--, by and between The Superlative Group, Inc., authorized todo business in the State of Florida, whose business address is
921 Huron Road, Cleveland, OH 44115, (the "Contractor") and Collier County, a political
subdivision of the State of Florida, (the "County"):
WITNESSETH:
L The Agreement shall be for a five (5) year period, commencing upon August 1,
2018 and terminating five (5) years from that date or until all outstanding Purchase
Order(s) issued prior to the expiration of the Agreement period have been
completed or terminated.
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 one (1) additional five (5) year period. The County shall give the Contractor
written notice of the County's intention to renew the Agreement term prior to the
end of the Agreement term then in effect.
The County Manager, or his designee, ffiay, at his discretion, extend the
Agreement under all of the terms and conditions contained in this Agreement for
up to one hundred and eighty (180) days. The County Manager, or his designee,
shall give the Contractor written notice of the County's intention to extend the
Agreement term prior to the end of the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the services
upon issuance of a Purchase Order.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance
with the terms and conditions of Request for Proposal (RFP) # 18-7294, including
all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred
to herein and made an integral part of this Agreement.
The Contractor shall also provide services in accordance with Exhibit A - Scope
of Services attached hereto,
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Professional Service Agreement #18-'7294
16.F.8.e
Packet Pg. 2454 Attachment: 18-7294 - Naming Rights and Sponsorship Agreement VEN Signed (6165 : RFP 18-7294)
4.
3.1 This Agreement contains the entire understanding between the parties and
any modifications to this Agreement shall be mutually agreed upon in writing by the
Parties, in compliance with the County's Procurement Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the
Contractor to order any minimum or maximum amount. The County shall order
items/services as required but makes no guarantee as to the quantity, number,
type or distribution of items/services that will be ordered or required by this
Agreement.
3.3 This is a non-exclusive Agreement. The County may continue to work with
previously established professional relationships on its own initiative.
THE AGREEMENT suM. The county shall pay the contractor for the
performance of this Agreement based on Exhibit B- Fee Schedule, attached
hereto and the price methodology as defined in Section 4.2. Payment will be made
upon receipt of a proper invoice and upon approval by the County's Contract
Administrative AgenUProject Manager, and in compliance with Chapter 218, Fla.
Stats., othenruise known as the "Local Government Prompt Payment Act".
4.1. Commission Based Services. The County shall pay the Contractor a 17.5o/o
on all gross revenue received by the County from all approved sponsorship and
naming rights contracts, as outlined in Exhibit A - Scope of Services and Exhibit B-
Fee Schedule.
After the initial five-year Agreement term, the commission will be reviewed by the
Parties and renegotiated. Any changes to the commission fee will be memorialized
in an Amendment to the Agreement.
4.2Pnce Methodology (as selected below):
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are
no hourly or material invoices presented, rather, the contractor must perform to the
satisfaction of the County's project manager before payment for the fixed price
contract is authorized.
4.3 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.4 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 the Agreement. Any untimely submission of invoices
beyond the 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.
Page2 of2l
professional Service Agreeme nt#rg-j294
@
16.F.8.e
Packet Pg. 2455 Attachment: 18-7294 - Naming Rights and Sponsorship Agreement VEN Signed (6165 : RFP 18-7294)
5.
4.5 T!'avel and Reimbursable Exoenses. Travel and Reimbursable Expenses
must be approved in advance in writing by the County. Travel expenses shall be
reimbursed in accordance with Collier County Resolution 2006-40, 5125.0104, Fla.
Stat and 5112.061, Fla. Stat. Any trips within Collier County and [ee County are
expressly excluded.
Reimbursable items other than travel expenses shall be limited only to the following:
actual postage or metering, shipping and freight charges, if approved by thL
County's Contract Administrative Agent or designee. Reimbursable expenses 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.
FINANCIAL REVIEW. RECORDS. AUDIT. The Contractor shall establish and
maintain such records as now exist and may hereafter be prescribed by the County
in the future to provide evidence that all terms of this Agreement have been and
are being observed. The Contractor grants to the County the right and authority to
audit all records, documents, and books pertaining to the concession operations.
Such audit will be conducted at locations and at a frequency determined by the
County and communicated to the Contractor. The Contractor agrees to provide
materials for the audit at the place designated by the County within three (3)
business days after the County's notice to do so is received by Contractor, all at no
cost to the County.
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. Collier County, Florida as a political subdivision of the
State of Florida, is exempt from the payment of Florida sales tax to its vendors
under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C.
NOTIqES. All notices from the County to the Contractor shall be deemed duly
served if mailed or emailed to the Contractor at the following:
Company Name:
Address:
Authorized Agent:
The Superlative Group, !nc.
921 Huron Road
Cleveland, OH 44115
Kyle D. Canter
Attention Name & Title: Chief Operating Officer
6,
7.
Telephone:
E-Mail(s):
216-592-9400
ca nter@s uperlativegrou p.com
All Notices from the Contractor to the County shall be deemed duly served if mailed
or emailed to the County to:
ftd
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16.F.8.e
Packet Pg. 2456 Attachment: 18-7294 - Naming Rights and Sponsorship Agreement VEN Signed (6165 : RFP 18-7294)
8.
9.
Board of County Commissioners for Collier County, Florida
Division Director: Jack Wert, Tourism Director
Address:2560 Horseshoe Dr. N. #105
Naples, FL 34104
Jac k.Wert@co I I i e rcou ntyf l. g ov
Ed Caum, Division Deputy Director
239-252-5703
Ed. Ca u m@co ll iercou ntvfl. gov
Adm inistrative AgenUPM :
Telephone:
E-Mail(s):
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.
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. ln compliance with section 218.80, F.s., all
permits necessary for the prosecution of the Work shall be obtained by the
Contractor. The County will not be obligated to pay for any permits obtained by
Subcontractors.
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. ln 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.
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. ln 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 Agreement 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.
10.
G
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16.F.8.e
Packet Pg. 2457 Attachment: 18-7294 - Naming Rights and Sponsorship Agreement VEN Signed (6165 : RFP 18-7294)
11.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 thirty (30) day written notice. The County shall
be the sole judge of non-performance.
ln the event that the County terminates this Agreement, Contractor's recovery
against the County shall be limited to that portion of the Agreement Amount earned
through the date of termination. The Contractor shall not be entitled to any other or
further recovery against the County, including, but not limited to, any damages or
any anticipated profit on portions of the services not performed.
However, Contractor shall receive commission on any sponsorship or naming rights
agreement which is executed within twelve (12) months following the expiration or
termination of the Term hereof which is executed with any party that was previously
solicited by the Contractor to become a sponsor or naming rights partner and with
which Contractor had conducted good-faith discussions concerning the possibility
of such party becoming a sponsor or naming rights partner
NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of
$1,000,000 Per occurrence, $2,000,000 aggregate for Bodily lnjury Liability and
Property Damage Liability. This shall include Premises and Operations;
lndependent Contractors; Products and Completed Operations and Contractual
Liability.
B. Business Auto Liabilitv: coverage shall have minimum limits of $1,ooo,ooo
Per Occurrence, Combined Single Limit for Bodily lnjury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: lnsurance 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 $1,ooo,ooo
for each accident.
Special Requirements: Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR, Collier County Government shall
be listed as the Certificate Holder and included as an "Additional lnsured" on the
lnsurance Certificate for Commercial General Liability where required. This
insurance shall be primary and non-contributory with respect to any other insurance
12,
13.
G
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Professional Service Agreement #18-1294
16.F.8.e
Packet Pg. 2458 Attachment: 18-7294 - Naming Rights and Sponsorship Agreement VEN Signed (6165 : RFP 18-7294)
14.
maintained by, or available for the benefit of, the Additional lnsured and the
Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor
shall provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County thirty (30) days prior to
any expiration date. Coverage afforded under the policies will not be canceled or
allowed to expire until the greater of: thirty (30) days prior written notice, or in
accordance with policy provisions. Contractor shall also notify County, in a like
manner, within twenty-four Q$ hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverage or limits received by
Contractor from its insurer, and nothing contained herein shall relieve Contractor of
this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall defend, 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, whether resulting
from any claimed breach of this Agreement by Contractor, any statutory or
regulatory violations, or from personal injury, property damage, direct or
consequential damages, or economic loss, 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.
14.1 The duty to defend under this Article 14 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Contractor, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Contractor. Contractor's obligation to indemnify and defend
under this Article 14 will survive the expiration or earlier termination of this Agreement
until it is determined by final judgment that an action against the County or an
indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
AGREEMENT ADMINISTRATION. This Agreement shall be administered on
behalf of the County by the Tourism Division.
15.
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Professional Service Agreement # I 8-729 4
{cr*}
16.F.8.e
Packet Pg. 2459 Attachment: 18-7294 - Naming Rights and Sponsorship Agreement VEN Signed (6165 : RFP 18-7294)
16.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.
COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the
following component parts, all of which are as fully a part of the Agreement as if
herein set out verbatim: Contractor's Proposal, lnsurance Certificate(s), Exhibit A
Scope of Services, Exhibit B Fee Schedule, RFP #18-7294, including Exhibits,
Attachments and Addenda/Addendum.
SUBJECT TO APPROPRIATION. lt is further understood and agreed by and
between the parties herein that this Agreement is subject to appropriation by the
Board of County Commissioners.
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 1 12,
Part lll, Florida statutes, collier county Ethics ordinance No. 2004-05, as
amended, 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 bids, RFP, and/or quotes; and, c. immediate termination of any
Agreement held by the individual and/or firm for cause.
COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees
to comply, at its own expense, with allfederal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement,
including but not limited to those dealing with the lmmigration 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; taxation, workers' compensation, equal employment
and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida
Statutes, and the Florida Public Records Law Chapter 119, including specifically
those contractual requirements at F.S. S 1 19.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTAGT THE CUSTODTAN OF
PUBLIG RECORDS AT:
17.
18.
19.
20.
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Professional Service Agreement # I 8-729 4
16.F.8.e
Packet Pg. 2460 Attachment: 18-7294 - Naming Rights and Sponsorship Agreement VEN Signed (6165 : RFP 18-7294)
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite i02
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
Keep and maintain public records required by the public agency to perform
the service.
Upon request from the public agency's custodian of public records, provide
the public agency with a copy of the requested records or allow the records
to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in this chapter or as othennrise provided by law.
Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the Contractor does not transfer the records
to the public agency.
Upon completion of the contract, transfer, at no cost, to the public agency
all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. lf the
Contractor transfers all public records to the public agency upon
completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclosure requirements. lf the Contractor keeps and maintains
public records upon completion of the contract, the contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
lf Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify the County in writing. 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,
OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms
and conditions of this solicitation or resultant Agreement to other governmental
entities at the discretion of the successful Contractor.
AGREEMENT TERMS. lf any portion of this Agreement is held to be void, invalid,
or othenarise unenforceable, in whole or in part, the remaining portion of this
Agreement shall remain in effect.
1.
2.
3.
4.
21.
22.
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16.F.8.e
Packet Pg. 2461 Attachment: 18-7294 - Naming Rights and Sponsorship Agreement VEN Signed (6165 : RFP 18-7294)
23.ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added
to this Agreement in compliance with the Procurement Ordinance, as amended,
and Procurement Procedures.
DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by this Agreement to resolve disputes between the parties, the partiei
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.
VENUE. 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.
AGREEMENT STAFFING. The Contractor's personnel and management to be
utilized for this Agreement shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary
to ensure that competent persons will be utilized in the performance of the
Agreement. The Contractor shall assign as many people as necessary to complete
required services on a timely basis, and each person assigned shall be available
for an amount of time adequate to meet required services.
ORDER OF PRECEDENCE. ln the event of any conflict between or among the
terms of the Agreement, the Contract Documents, the terms of solicitation the
Contractor's Proposal, and/or the County's Board approved Executive Summary,
this Agreement shall take precedence.
ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof,
without the prior consent in writing of the County. Any attempt to assign or othenrvise
transfer this Agreement, or any part herein, without the County's consent, shall be
void. lf Contractor does, with approval, assign this Agreement or any part thereof,
it shall require that its assignee be bound to it and to assume toward Contractor all
of the obligations and responsibilities that Contractor has assumed toward the
County.
24.
25.
26.
27.
28.
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29. SECURITY. The Contractor is required to comply with County Ordinance 2OO4-52,
as amended. Background checks are valid for five (5) years and the Contractor
shall be responsible for all associated costs. lf required, Contractor shall be
responsible for the costs of providing background checks by the Collier County
Facilities Management Division for all employees that shall provide services to the
County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI
fingerprint check, credit reports, education, residence and employment verifications
and other related records. Contractor shall be required to maintain records on each
employee and make them available to the County for at least four (4) years. All of
Contractor's employees and subcontractors must wear Collier County Government
ldentification badges at all times while performing services on County facilities and
properties. Contractor lD badges are valid for one (1) year from the date of issuance
and can be renewed each year at no cost to the Contractor during the time period
in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management
Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned
to Collier County separates from their employment. This notification is critical to
ensure the continued security of Collier County facilities and systems. Failure to
notify within four (4) hours of separation may result in a deduction of $500 per
incident,
(lntentionally left blank -signature page to follow)
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Exhibit A
Scope of Services
PHASE I:
THE PRIMARY FOCUS AND DELIVERABLE WILL BE TO PURSUE ALL NAMING RIGHTS
AND SPONSORSHIP OPPORTUNITIES WITH RELATTON TO THE MARKETING OF THE
AMATEUR SPORTS COMPLEX (ASC) SCHEDULED TO OPEN tN LATE 2019 AND ASSET
DATABASE DEVELOPMENT, VALUATION AND COMPREHENSIVE SPONSORSHIP
POLICY.
PHASE I: ASSET DATABASE DEVELOPMENT. VALUATION AND COMPREHENSIVE
SPONSORSHIP POLICY
SCOPE:
1.The primary focus with be to pursue all Naming Rights and Sponsorship Opportunities
with relation to the Amateur Sports Complex (ASC) that is scheduled to open in the
summer of 2019. Should another departmenUdivision be in need of the Contractor's
services, the Requestorwill obtain a proposal and a County Work Orderwill be processed
in advance of the Contractor providing any additional services.
A Marketing Asset lnventory and Valuation report, which will consist of existing and
prospective tangible and non-tangible marketing assets, including an estimate of their
potential sponsorship fi nancial value.
Comprehensive Sponsorship Policy: develop a written policy for the County taking into
consideration existing sponsorship acceptance procedures. The Contractor shall provide
the County with a draft policy for review.
Strategic Plan for Marketing Assets: provide the County with a detailed plan to maximize
the corporate sponsorship potential for the County's ASC. The Contractor shall also
educate the County through a detailed presentation of the final report. This may include
a presentation to County Commissioners as deemed necessary by the County's Contract
Ad ministrative AgenVProject Manager.
ln addition, the Contractor will identify and value all building, land and other assets that
the County has available to generate revenue, at the request of the Contract
Admin istrative AgenUProject Manager.
The Contractor shall perform the following:
a. On-site interviews of County department heads and other personnel as necessary
to understand the County's current assets, marketing and sponsorship activity
level. The County's Contract Administrative AgenUProject Manager will
2.
3.
4.
5.
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b.
c.
coordinate each visitation and interview with the Contractor. Visitations may
include several or all County departments at the County's Contract Administrative
AgenUProject Manager sole discretion.
Examination of current County asset management agreements, including but not
limited to buildings, beaches, roads, land, concessions, vending machines,
athletic centers, parking garages/lots and other assets identified by the coung's
Contract Administrative AgenUProject Manager. Additionally, the Contractor shall
review all special events and marketing materials the County currently has for
effectiveness and potential sponsorship opportunities.
comprehensive examination of the county's current and recent marketing
materials to evaluate effectiveness and proposal of areas for improvement to the
County.
Develop and present a database to the County that contains valuation information
on all sponsor-able assets. The valuation process will include:
i. Quantitative Analysis
1. Quantitative benefits reflect the ability to effectively measure the
return on investment that corporate sponsors can expect to
receive. These include the direct, or tangible, benefits available to
the Naming Rights partner. Quantitative benefits typically form a
significant portion of fair market value because each item is
quantifiable and guaranteed to the sponsor. Quantitative benefits
are separated into several categories including:
a. Property Media Buys
b. Signage Benefits
c. Print Marketing Collateral
d. Social and Digital Media Exposure
e. Display Opportunities
ii. The first step in identifying quantitative value is by studying real-world
media value in the marketplace. This involves understanding the total
number of possible impressions available through each asset that reaches
the target audience. The Contractor will identify television, signage, print,
digital and social media exposure and then scale impressions for each
asset from "valued impressions" to "waste impressions," adjusting the
media value accordingly. Standard discount rates range between 10 and
75% depending on the type and quality of exposure. Quality of exposure
is determined by:
1. How prevalent the Sponsor's lD (Name) is through the exposure
period
2. The impact of its placement with its intended audience
iii. The Contractor will then use pre-impression, or rate-card, values to assign
a price or value to each benefit identified. CPMs used for this purpose are
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culled from local, regional and nationaladvertising rates depending on the
scope of the opportunity. Typical CPMs can range from 92.50 for online
exposure to $15 for large format out-of-home digital signage. They also
represent the most accurate metric by which to determine exposure value
for any Naming Rights asset.
The contractor's Quantitative analysis also includes an assessment of the
value of engaging the target audience and the quality of exposure
received. Understanding the value of each impression with respect to a
specific demographic or target audience is an important component.
Valuation is adjusted accordingly for each opportunity and asset,
The final aspect the quantitative assessment is identifying the costs of
engaging the target audience and achieving high-quality exposure. This
includes an assessment of the cost of delivery (to the Naming Rights
Partner or Sponsor) and may include direct costs (installing a hard sign),
overhead costs (maintaining a sponsored walkway or media platform) or
development costs.
1. Prestige of Property
2. Value of Audience
3. Naming Rights Activation
4. Sponsor Protection
5. Geographic Reach
Functionally, Qualitative Benefits represent the premium value a Naming
Right demands over alternative marketing investments. By simplifying
intangible benefits into the above five categories, The Contractor can
effectively justify premium Naming Rights value by focusing on the
qualitative aspects of an opportunity that align with the objectives of a
corporate marketer. Each category is scored on a scale of 1 to 10. The
higher the Qualitative Benefits score (when compared to similar
opportunities in the marketplace), the greater the impact on the
Quantitative value.
e. Contract & Policy Analysis
i. As part of its analysis, the Contractor conducts a thorough review of any
applicable County pre-existing contracts prior to completing every Phase
I report. The goal of this process is to establish a list of any limitations,
processes or existing policies that may affect the proposed Sponsorship
agreements context. Then the Contractor develops a strategy to minimize
the effects of those limitations and maximize all the identified opportunities
through a logical priority assessment.
ii. Not only are prices, fulfillment obligations and relative value for each party
reviewed, but also values against similar contracts with other entities. A
iv.
V.
vi.
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thorough understanding of Collier County's existing advertising contracts
will assess the impact that existing agreements place on the Naming
Rights agreements. The value of the Naming Rights to Collier County
assets will be limited by any pre-existing contacts relating to Naming
Rights. ln the event Collier County provides notice to Contractor
representing the County that there is/was a previously discussed,
negotiated, agreed to, communicated with, emailed, written or non-written
agreemenUarrangement or understanding with a potential Naming
Rights/Sponsorshi p advertiser/client about a Collier Cou nty asseUproperty
or service; and the Contractor has not previously contacted that potential
Naming Rights/Sponsorship advertiser/client about a Collier County asset,
property, or service, and the Contractor has not discussed, negotiated,
agreed to, communicated with, emailed, written or non-written
agreemenUarrangement or understanding with a potential Naming
Rights/Sponsorship advertiser/client, the Contractor shall be compensated
in accordance with the Administrative Management Fee as outlined in
Exhibit B Fee Schedule. For the purposes of clarity, if the Contractor is or
has previously discussed, negotiated, agreed to, communicated with,
emailed, written or non-written agreemenUarrangement or understanding
with a potential Naming Rights/Sponsorship advertiser/client about a Collier
County asset, property or service, then the Contractor shall be compensated
per the Standard Commission as outlined in the Exhibit B Fee Schedule.
All inbound Naming Rights or sponsorship inquiries to Collier County from
third party potential Naming Rights/Sponsorship advertiser/client shall be
passed to the Contractor to manage and the Contractor shall be
compensated per the Standard Commission in Exhibit B Fee Schedule.
should that potential Naming Rights/Sponsorship advertiser/client enter into
a Naming Rights or sponsorship agreement with Collier County related to a
Collier County asset, property or service.
The project team spends time early in the project reviewing all relevant
statutes, signage regulations and rules to ensure that Collier County's
marketing opportunities, within context of established guidelines, are
understood. The Contractor will remain in close contact with Collier
County's legal and executive teams to ensure that the asset database is
being developed in a manner that is consistent with Collier County's
existing policy regarding assets for marketing purposes.
f. IndustryBenchmarking
i. The Contractor maintains an extensive database of sponsorship
agreements that is continuously updated and includes, but is not limited
to, Naming Rights and sponsorship contracts from arenas, stadiums,
theatres, convention centers, community centers, park facilities,
universities, transit agencies and nonprofit organizations. Once the
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iv.
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g.
Contractor has developed the asset database and determined the Naming
Rights and sponsorship value for each opportunity and asset, a list of
similar Naming Rights and sponsorship contracts, including their terms,
associated fees and other pertinent details, is compiled for each asset.
The goal of this process is to identify not only the fair market value of each
Naming Rights and sponsorship opportunity, but also the minimum (floor)
and maximum (ceiling) revenue garnered in the marketplace by similar
organizations. Each Naming Rights and sponsorship asset is presented
in this manner in the final Phase I report.
Prospect I dentifi cation
i. As a final step, the Contractor draws upon its extensive background in
partnership sales and its proprietary database to outline prospective
partners for each sponsor-able opportunity. This database includes both
category identification and major Naming Rights partners within each
category. ln our experience, optimum revenue generation is attained
when there is a comprehensive understanding of:
1. The inventory available
a. How that inventory aligns with the needs of potential
sponsors
b. Add and suggest to the County additional sponsorship
opportunities.
2. Organize all data collected into a database (e.9., spreadsheet
format or other County approved format). Contractor shall provide
the County with the draft format for approval prior to completion of
the report. The report may include at the County's Contract
Administrative AgenUProject Manager request the following items,
and the Contractor may add items the Contractor deems as
important to the County:
a. lnventory ltem Category (Advertising, Event, Preferred
Vendor, Capital Project, Naming Rights, etc.);
b. Address/physical location, description, date added to the
database, utilization statistics;
c. Pedestrian, vehicular, viewership or other relevant
exposure data;
d. Marketing opportunity available (advertising, branding,
promotion, etc.);
e. Rights available, date available, etc.;
f. Any sales history (to whom, what price, when, etc.);
g. Any known conflicts/limitations on selling;
h. Contact address, phone, fax and e-mail;
i. Terms (length, price, options to renew);j. Rights granted;
i. Any encumbered reversionary rights;
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ii. Legal/policy limitations on rights;
k. Suggested pricing;
l. Assessment of the value range for assets;
m. Suggested/possible bundling opportunities with other
assets;
n. Assessment of the degree of difficulty to obtain a
sponsorship agreement;
o. lndication of priority
h. The Contractor will develop and present to staff and the Board of County
Commissioners a Comprehensive Sponsorship Policy for consideration and
approval tailored to the County based on results of the inventory and valuation,
and industry best practices. When creating the policy, the Contractor shall
develop the policy based on input from the County's Commissioners, Leadership
and Staff. lf requested, the Contractor shall provide recent and relevant examples
of other municipalities that have developed similar programs and the results.
When citing samples, the Contractor shall attempt to provide municipalities that
are comparable to the Collier County in size, revenue, asset base, etc. The
Corporate Sponsorship Policy shall include, but not be limited to the following:
i. Purpose of the policy
ii. Scope of policy
iii. Definitions, as applicable
iv. Criteria for attracting sponsors
v. Suitable activities for sponsorships
vi. Benefits for sponsors
vii. Sponsorships not permitted under the policy/Restrictions
viii. General Ethics framework considerations
ix. Statement as to County's discretion to reject sponsorships
x. Conflict of interest considerations
xi. Process for attracting sponsors
xii. Sponsorship Agreements content etc.
xiii. Approval Authority
xiv. Responsibilities
xv. Risk Management
The contractor shall provide the County with a comprehensive strategic plan for
marketing of the County's assets identified and evaluated in Phase l. This report shall
include, but not be limited to the following:
o A written strategy document, that lists all assets in the database and which details
the Contractor's planned approach to marketing the County's assets identified
with proposed action steps.
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. An assessment of the County's potential and recommend processes and policies
to earn income from Product Licensing Agreements.
. An assessment of "Partner Designation and Use of Logo" opportunities.
. An assessment of "Product Category Exclusivity" opportunities.
. ldentification of "Cost Reduction Opportunities" for items currently purchased by
the County
. An assessment of the County's "Licensing" potential by conducting a brand
review and assessment, including an analysis of target categories and
subcategories provision of a licensing marketing plan, if such potential is found to
exist.
7 . At the County's Contract Administrative AgenUProject Manager discretion, the Contractor
shall provide a detailed presentation of the final report to the County's Corporate
Management team; County Manager and Board of County Commissioners. The
Contractor shall explain the assessment of the County's assets and its vision for obtaining
the maximum value for each asset, Furthermore, the Contractor shall be ready to discuss
potential questions from the County leadership team regarding potential questions from
the community and concerns with any proposed plan.
Schedule: Allservices in this schedule shall be completed within 120 davs.
PHASE II: STRATEGIC SALES CAMPAIGN DEVELOPMENT
SCOPE:
CONTRACT AND EVALUATION POTENTIAL SPONSORSHIP PARTNERS
1. To ensure that coverage is comprehensive, the Contractor uses a systematic approach
to contact marketing partners. The Contractor will:
a. Exhaust the Contractor's contact database of thousands of corporate contacts,
which is continually updated.
b. ldentify and research prospective corporations through various subscribed
databases to match the marketing needs of corporations with the logical and
most valuable marketing assets of the County.
c. Collaborate closely with the County staff and executives on recommendations
they may have.
d. Promote sales campaign with a description of the County's initiatives through a
myriad of resources
e. Create presentation material that will provide specific information for potential
investments and/or partnerships with Collier County as a part of the naming
ri:gr
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Rights program, including:
i. MarkeUDemographic data
ii. Measured media value
iii. Value justification for unmeasured media
iv. Naming Rights benefits and options
v. Options for renewal
vi. Financialinvestment
NEGOTIATE AND COMPLETE AGREEMENTS
1. The Contractor's executives will be the upfront negotiator and/or advise County staff and
executives, regarding contract negotiation and contract development.
2. The Contractor will present agreements to County staff, executives, County
Commissioners and Media (if authorized). The Contractor is well versed in the
appropriate procedures for announcements to local and national media outlets. The
Contractor will work with Collier County to accurately present a negotiated corporate
partnership to the appropriate executives, Board of County Commissioners and media.
It is important that partnerships be communicated accurately, both financially and
politically, while being cognizant of objections and concerns.
CONTRACT FULFILLMENT
1. The Contractor will work with Collier County to develop a system that accurately tracks
the status of newly developed corporate partnerships. Our experience shows that
contract fulfillment requires participation from sales, legal and accounting functions to
ensure high-quality partner relationships.
MANAGE AND AUDIT ONGOING RIGHTS
1. The Contractor establishes post-contract review mechanisms to ensure that all benefits
owed to the County are captured and that the organization is meeting its obligations
under these contracts. The Contractor is a strong advocate of audits, especially when
payments are performance based.
ACTIVATION AND AUDIT (TERM OF AGREEMENT)
1. After delivery of a campaign agreement, the project team will assist the County in the
activation and compliance of each aspect of that agreement. Specifically, the Contractor
will:
a. Finalize agreement terms and conditions
b. Assist Collier County with the first year of activation of each Naming Right
c. Assist in the development of payment schedules and compliance issues
d. Provide other services as requested by Collier County
PROGRESS REPORTS
1. The Contractor will use template reports to provide sales updates in the following
circumstances:
a. Following all meeting with target companies regarding any Naming Rights,
corporate sponsorship or revenue-potential opportunity.
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Monthly to provide Collier County as update on activity during the period. We
discuss these periodic sales update reports on a scheduled conference call.
Reports are prepared in a template and serve as a record of discussion during
sales meetings and log the following project details. Generally, our progress
reports include the following information:
i. Project timescales and sale priorities
ii. Status of progress of deliverables in Scope of Services
iii. Status of all activities, events and efforts
iv. Summary of meetings and presentations
v. Summary of activity regarding market interest and feedback
vi. Summary of communications with potential sponsors
vii. Any deviations from project deliverables or schedule
viii. Plan of activities for next 30 days
The Contractor will agree to the format of each report with the County's project
team as part of our project initiation process.
PHASE Ill: ONGOING IMPLEMENTATION OF STRATEGIC PLAN
SCOPE:
1. The Contractor will continue the implementation of the Asset Marketing Plan to maximize
the corporate sponsorship of assets throughout the County.
2. The Contractor and County agree that Phase lll of this Agreement may be renewed for
one (1) additional five (5) year renewal. Commission rates will be renegotiated to reflect
the potential future revenue to the County.
c.
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Exhibit B
Fee Schedule
Phase !:
PHASE II: STRATEGIC SALES CAMPAIGN DEVELOPMENT:
PHASE lll: ONGOING IMPLEMENTATION OF STRATEGIC PLAN:
Should another departmenUdivision be in need of the Contractor's services, the Requestor will
obtain a proposal and a County Work Order will be processed in advance of the Contractor
providing any additional services and the commission fee shall be as listed above.
Duration Fee Fee Structure
4 months (commencement
upon issuance of the County's
Purchase Order and referred
to as Months 1 throuoh 4)
$82,500 Lump Sum
payable in monthly
installments
Duration Fee Fee Structure
20 months (referred to as
Months 5 throuoh 24)
$7,500 Monthly Fee
Duration Fee Fee Structure
20 months (referred to as
Months 5 through 24)
17.5o/o Standard
Commission
7 .5% - Administrative
Management Fee
Commission is paid
monthly on all Gross
revenue received by
the County from
approved sponsorship
and naming rights
contracts.
Duration Fee Fee Structure
35 months (referred to as
Months 25 through 60)
17.5% Standard
Commission
7 .5o/o - Administrative
Management Fee
. Commission is paid
monthly on all Gross
revenue received by
the County from
approved sponsorship
and naming rights
contracts.
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!!THE SUPERLATIVE GROUP
The Superlative Group, Inc.
921 Huron Rd. E
Cleveland, Ohio 44115
Phone: 216.592.9400
info@Superlativegroup.com
www.superlativegroup.com
COLLIER COUNTY
SOLICITATION NO.: 18-7294
COLLIER COUNTY NAING RIGHTS & SPONSORSHIP
!
!The Superlative Group - 921 Huron Road East - Cleveland, Ohio 44115 - (216) 592-9400
!
April 16, 2018
Adam Northrup
Procurement Strategist
Procurement Services Division
3295 Tamiami Trail East, BLDG C-2
Naples, FL 34112
Dear Mr. Northrup:
As many of you know, our firm has had great interest in partnering with Collier County
to maximize its revenue opportunities in Naming Rights and Corporate Sponsorships
for a few years. While not based in Naples, both our CEO, Myles Gallagher, and I have
residences in Collier County and have been fortunate enough to call it our second
home for more than two decades.
As displayed in the following proposal, our project team has a tremendous amount of
experience successfully guiding clients similar to Collier County through projects that
are almost identical in scope.
We look forward to the opportunity to work on such an exciting hometown project.
Regards,
Kyle Canter
Chief Operating Officer
!
!
!
!THE SUPERLATIVE GROUP
MANAGEMENT SUMMARY
Background!
Headquartered in Cleveland, OH, with satellite offices in Chicago, Las Vegas, Los Angeles and
Dublin, Ireland, The Superlative Group is a foremost expert in the valuation and sale of Naming
Rights and corporate sponsorships for public and private sector clients. Founded in 1994 by
current President & CEO Myles Gallagher, Superlative is an industry-leading team of sales
executives, valuation analysts, attorneys and accountants that manage the entire sponsorship
marketing process from research and valuation to closing sales and auditing partnerships. Over
the past 23 years, Superlative has delivered more than $2 billion in Naming Rights,
sponsorship and premium seating revenue for our clients.
Mission & Values
At Superlative, superior customer service has been woven into the fabric of our firm since its
inception. As a result, Superlative’s culture and core beliefs are rooted in exceeding our clients’
expectations.
Our client focus is evident by the manner in which we organize and manage our projects:
• Understanding each client's needs, objectives and desires
• Building a Naming Rights and sponsorship marketing and sales plan that meets those
goals
• Drawing upon our extensive experience to optimize Naming Rights and sponsorship
inventory
• Maximizing Naming Rights and sponsorship revenues though captivating sales
propositions and long-term agreements
• Supplying senior management and on-site staff to direct and execute each plan
• Providing immediate feedback and ongoing reporting to each client as the project
progresses
Approach
The Naming Rights and sponsorship industry is continually changing, because we are changing
it. Our approach challenges the outmoded belief that sponsorships are sold primarily by
intangibles. We use an impressions-based valuation methodology that employs real-world
values that can be later justified in a sales pitch. We speak the language sponsors speak, plain
and simple. Every day, our executives are challenged to create innovative partnerships that will
deliver optimum value to each client—whether it’s a property or a sponsor. This intense focus
on innovation has allowed us to lead and shape the Naming Rights and sponsorship industry for
the past three decades.
!THE SUPERLATIVE GROUP
THE SUPERLATIVE GROUP’S BUSINESS PLAN:
NAMING RIGHTS & SPONSORSHIP SALES & MARKETING PROCESS
Superlative’s sales executives, accountants, analysts and attorneys engineered our approach to
sponsorship marketing to focus on maximizing revenue generation for our clients while over-
delivering value against each corporate partner’s marketing objectives. From start to finish, each
facet of our process is guided by well-rounded sponsorship professionals who have over 100
combined years of practical experience valuing, selling and executing partnerships.
Our executives have successful track records working for both properties and sponsors,
spanning every sector from professional sports to charitable nonprofits to the U.S. military. This
wealth of real-world experience informs our work on a daily basis and ensures that our
sponsorship strategy accounts for every marketable asset and capitalizes on every possible
dollar.
Our process is divided into two components: Phase I Valuation and Phase II Strategic Sales.
The following sections summarize our valuation methodology, itemize key deliverables and
provide standard timelines for completion of each phase of the project.
PHASE I: ASSET DATABASE DEVELOPMENT AND VALUATION
During Phase I, our team of Valuation specialists identify and value all of the assets that Collier
County has available to generate revenue. Our Valuation process includes five key
components:
1) Quantitative Analysis
2) Qualitative Analysis
3) Contract & Policy Analysis
4) Industry Benchmarking
5) Prospect Identification
Each component is briefly summarized in the following pages.
QUANTITATIVE ANALYSIS
Quantitative Benefits reflect the ability to effectively measure the return on investment that
corporate sponsors can expect to receive. These include the direct, or tangible, benefits
available to the Naming Rights partner. Quantitative Benefits typically form a significant portion
of fair market value because each item is quantifiable and guaranteed to the sponsor.
Quantitative Benefits are separated into several categories including:
• Property Media Buys
• Signage Benefits
• Print Marketing Collateral
• Social and Digital Media Exposure
• Display Opportunities
The first step in identifying quantitative value is by studying real-world media value in the
marketplace. This involves understanding the total number of possible impressions available
through each asset that reaches the target audience. We identify television, signage, print,
digital and social media exposure and then scale impressions for each asset from "valued
impressions" to "waste impressions," adjusting the media value accordingly. Standard discount
rates range between 10 and 75% depending on the type and quality of exposure.
!THE SUPERLATIVE GROUP
Quality of exposure is determined by:
• How prevalent the Sponsor’s ID (Name) is through the exposure period
• The impact of its placement with its intended audience
Our specialists then use pre-impression, or rate-card, values to assign a price or value to each
benefit identified. CPMs used for this purpose are culled from local, regional and national
advertising rates depending on the scope of the opportunity. Typical CPMs can range from
$2.50 for online exposure to $15 for large format out-of-home digital signage. They also
represent the most accurate metric by which to determine exposure value for any particular
Naming Rights asset.
Our quantitative analysis also includes an assessment of the value of engaging the target
audience and the quality of exposure received. Understanding the value of each impression with
respect to a specific demographic or target audience is an important component. For example, a
target audience of 18- to 34-year-old males may be considered a "premium audience" by one
partner, while another may be trying to reach 35- to 54-year-old females. Our valuation is
adjusted accordingly for each opportunity and asset.
The final aspect of our quantitative assessment is identifying the costs of engaging the target
audience and achieving high-quality exposure. This includes an assessment of the cost of
delivery (to the Naming Rights Partner or Sponsor) and may include direct costs (installing a
hard sign), overhead costs (maintaining a sponsored walkway or media platform) or
development costs.
QUALITATIVE ANALYSIS
Qualitative Benefits, or intangible benefits, enhance the value of a Naming Right or sponsorship
and typically fall outside traditional media platforms making them difficult to quantify. Superlative
classifies Qualitative Benefits into five distinct categories based on its extensive experience
selling, negotiating and auditing Naming Rights partnerships:
• Prestige of Property
• Value of Audience
• Naming Rights Activation
• Sponsor Protection
• Geographic Reach
Functionally, Qualitative Benefits represent the premium value a Naming Right demands over
alternative marketing investments. By simplifying intangible benefits into the above five
categories, Superlative is able to effectively justify premium Naming Rights value by focusing on
the qualitative aspects of an opportunity that align with the objectives of a corporate marketer.
Each category is scored on a scale of 1 to 10. The higher the Qualitative Benefits score (when
compared to similar opportunities in the marketplace), the greater the impact on the Quantitative
value.
CONTRACT & POLICY ANALYSIS
As part of its analysis, Superlative conducts a thorough contract review prior to completing
every Phase I report. The goal of this process is to establish a list of any limitations, processes
or existing policies that affect a contract. Then Superlative develops a strategy to minimize the
!THE SUPERLATIVE GROUP
effects of those limitations and maximize all of the identified opportunities through a logical
priority assessment.
Not only are prices, fulfillment obligations and relative value for each party reviewed, but also
values against similar contracts with other entities. The value of the Naming Rights to Collier
County assets will be inhibited by any pre-existing contracts relating to Naming Rights. A
thorough understanding of Collier County’s existing advertising contracts will assess the impact
that existing agreements place on the Naming Rights agreements.
The project team spends time early in the project reviewing all relevant statutes, signage
regulations and rules to ensure that Collier County’s marketing opportunities, within context of
established guidelines, are understood. Superlative remains in close contact with Collier
County’s legal and executive teams to ensure that the asset database is being developed in a
manner that is consistent with Collier County’s existing policy regarding assets for marketing
purposes.
INDUSTRY BENCHMARKING
Superlative maintains an extensive database of sponsorship agreements that is continuously
updated and includes, but is not limited to, Naming Rights and sponsorship contracts from
arenas, stadiums, theatres, convention centers, community centers, park facilities, universities,
transit agencies and nonprofit organizations. Once our Valuation specialists have developed the
asset database and determined the Naming Rights and sponsorship value for each opportunity
and asset, a list of similar Naming Rights and sponsorship contracts, including their terms,
associated fees and other pertinent details, is compiled for each asset. The goal of this process
is to identify not only the fair market value of each Naming Rights and sponsorship opportunity,
but also the minimum (floor) and maximum (ceiling) revenue garnered in the marketplace by
similar organizations. Each Naming Rights and sponsorship asset is presented in this manner in
our final Phase I report.
PROSPECT IDENTIFICATION
As a final step, Superlative draws upon its extensive background in partnership sales and its
proprietary database to outline prospective partners for each sponsorable opportunity. This
database includes both category identification and major Naming Rights partners within each
category. In our experience, optimum revenue generation is attained when there is a
comprehensive understanding of:
• The inventory available
• How that inventory aligns with the needs of potential sponsors
Superlative’s experience in identifying and documenting marketing rights, combined with our
knowledge of (and relationships with) large corporations, will give Collier County the tools to
ensure the maximum revenues are leveraged out of every corporate partnership.
!THE SUPERLATIVE GROUP
PHASE II: STRATEGIC SALES CAMPAIGN DEVELOPMENT
Superlative’s main priority is to generate maximum revenue for our clients. Upon completion of
Phase I, Superlative recommends immediately moving forward with a strategic sales campaign,
beginning with the client’s most valuable opportunities (e.g., Naming Rights). Prioritizing assets
in this manner ensures optimum revenue generation by taking the largest asks to market first.
To ensure that coverage is comprehensive, Superlative uses a systematic approach to contact
marketing partners.
PROSPECTING
• Exhaust Superlative’s contact database of thousands of corporate contacts, which is
continually updated
• Identify and research prospective corporations through various subscribed databases to
match the marketing needs of corporations with the logical and most valuable marketing
assets of Collier County
• Collaborate closely with Collier County executives on recommendations they may have
• Promote sales campaign with a description of Collier County’s initiatives through a
myriad of resources
• Create presentation material that will provide specific information for potential
investments and/or partnerships with Collier County as a part of the naming Rights
program, including:
o Market/Demographic data
o Measured media value
o Value justification for unmeasured media
o Naming Rights benefits and options
o Options for renewal
o Financial investment
NEGOTIATING AND COMPLETING AGREEMENTS
Superlative will assist in any way that is comfortable for Collier County. Superlative’s executives
can be the upfront negotiator or advise County executives, depending on your desire and
needs.
PRESENT AGREEMENTS TO COLLIER COUNTY EXECUTIVES AND THE MEDIA
Superlative is well versed in the appropriate procedures for announcements to local and
national media outlets. Superlative will work with Collier County to accurately present a
negotiated corporate partnership to the appropriate executives and media. It is important that
partnerships be communicated accurately, both financially and politically, while being cognizant
of objections and concerns.
CONTRACT FULFILLMENT
Superlative will work with Collier County to develop a system that accurately tracks the status of
newly developed corporate partnerships. Our experience shows that contract fulfillment requires
participation from sales, legal and accounting functions to ensure high-quality partner
relationships.
MANAGE AND AUDIT ONGOING RIGHTS
Superlative establishes post-contract review mechanisms to ensure that all benefits owed to
Collier County are captured and that the organization is meeting its obligations under these
contracts. Superlative is a strong advocate of audits, especially when payments are
performance based.
!THE SUPERLATIVE GROUP
ACTIVATION AND AUDIT (TERM OF AGREEMENT)
After delivery of a campaign agreement, the project team will assist Collier County in the
activation and compliance of each aspect of that agreement. Specifically, Superlative will:
• Finalize agreement terms and conditions
• Assist Collier County with the first year of activation of each Naming Right
• Assist in the development of payment schedules and compliance issues
• Provide other services as requested by Collier County
PROGRESS REPORTS
Superlative understands that effective communication with the client is a critical part of
successful project delivery. As part of our standard reporting procedure, we use template
reports to provide sales updates:
• Following all meeting with target companies regarding any Naming Rights, corporate
sponsorship or revenue-potential opportunity
• On a monthly basis to provide Collier County as update on activity during the period. We
discuss these periodic sales update reports on a scheduled conference call
Reports are prepared in a template and serve as a record of discussion during sales meetings
and log the following project details. Generally, our progress reports include the following
information:
• Project timescales and sale priorities
• Status of progress of deliverables in Scope of Services
• Status of all activities, events and efforts
• Summary of meetings and presentations
• Summary of activity regarding market interest and feedback
• Summary of communications with potential sponsors
• Any deviations from project deliverables or schedule
• Plan of activities for next 30 days
The Superlative Group will agree to the format with Collier County’s project team as part of our
project initiation process.
!THE SUPERLATIVE GROUP
PROJECT TIMELINES
Superlative understands that every client situation in unique, and our sales and marketing
process allows for flexibility and customization depending on Collier County’s specific needs.
However, we have provided the below, general timeline to identify the critical steps taken by the
project team throughout Phase I and Phase II. For our engagement, Superlative will complete
the following steps:
PHASE I VALUATION (120 days, immediately following contract execution)
• Kickoff Meeting and Site Visits. Site visits are undertaken as soon as possible to view
the assets being valued and kick-start the asset research process. Our valuation team
will compile a digital inventory of images and renderings that will be referenced during
the valuation process and used in development of promotional materials for the sales
implementation process.
Concurrent with our site visit, Superlative requests a kickoff meeting at Collier County’s
offices to introduce our team in person, identify project leads and go over timelines and
responsibilities. As testament to our commitment to customer service, we’ll come to you.
• Gathering of preliminary information. Upon appointment as sales agents on any new
engagement, The Superlative Group carries out initial research to review relevant
documentation such as strategic plans, design briefs and project renderings to gain an
in-depth knowledge of the project and make an accelerated start on our asset
identification process.
Upon completion of our site visit, Superlative will send Collier County staff a detailed
Information Request that identifies the key pieces of information that we would like to
review as part of our valuation process and present our initial thoughts on the structure
of the final report. We will schedule a follow-up call to answer any questions pertaining to
our request to facilitate and expedite the information gathering process.
• Receipt and review of initial information. Superlative allows 2-3 weeks for receipt of
the bulk of information requested of Collier County, although this process will likely
continue until the report is finalized, and potentially, throughout the strategic sales
process as Superlative obtains interest from potential sponsors. In most cases,
Superlative secures most of what it needs to begin building Collier County’s asset
database by Week 6.
• Development of Asset Database. Concurrently, Superlative’s valuation specialists
begin compiling Collier County’s assets and determining their quantitative value based
on local, regional and national media rates.
• Qualitative assessment of Naming Rights asset value. Our valuation team conducts
original research to ascertain the intangible value of Collier County’s Naming Rights
opportunities when compared to other, similar properties, using annual reports, press
releases and other relevant information provided by Collier County as well as
Superlative’s proprietary database of Naming Rights and sponsorship contracts.
!THE SUPERLATIVE GROUP
• Contract review. Once Superlative has determined the Naming Rights value for Collier
County assets, packages are compared to existing Collier County Naming Rights and
sponsorship agreements. A database of potential challenges and limitations that could
potentially impact revenue generation is created, from both external (e.g., signage
restrictions) and internal (e.g., category restrictions like tobacco or alcohol) processes.
• Industry benchmarking and prospect identification. Drawing upon its proprietary
database, Superlative builds a list of comparable Naming Rights and sponsorship
contracts relevant to each Collier County opportunity. This list is also used to identify
target sponsor entities along with input from the Superlative sales team.
• Executive review. Superlative conducts an extensive internal review process where
senior leadership has an opportunity to weigh in on potential contract value and overall
program revenue potential, lending insight critical insight to the project and ensuring that
all potential revenue is accounted for.
• Delivery of draft Phase I report. Superlative allows 1-2 weeks for review by Collier
County staff, followed by a conference call with Superlative’s valuation experts to walk
through our findings together. Subsequently, any feedback is incorporated and the
document is finalized.
THE SUPERLATIVE GROUP
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PHASE II SALES (minimum recommendation of 12 months)
• Development of sales materials. Superlative’s design team will begin developing
presentations, one-sheets and other sales materials using information obtained through
the Phase I Valuation process, including audience demographics, proposed Naming
Rights value and images obtained through site visits and Collier County.
• Pipeline development. Superlative’s sales executives will work with Collier County
personnel to develop a database of sponsor contacts, to be reviewed and agreed upon
by Collier County staff prior to Superlative making its first call.
• Monthly reporting. Superlative’s sales executives will coordinate a regular conference
call with Collier County leadership to provide regular updates on progress made to date.
Additional calls may be requested on an ad hoc basis as sponsor interest and pitch
meetings are secured. Superlative will provide an updated sales report for Collier
County’s review prior to the call.
• Negotiate and complete sponsor agreements. As noted above, Superlative’s
valuation process determines not only the fair market value of each opportunity, but also
the range of contract value obtained by similar organizations from corporate sponsors.
With Collier County’s approval, Superlative will open negotiations at the ceiling of this
range, or higher, and secure partnerships within the parameters of contract value
provided, beginning with Collier County’s most valuable assets first.
Additionally, we have included multiple valuation reports as examples of the quality of our
work and approach. Those are included as additional attachments to our bid submission.
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THE SUPERLATIVE GROUP !
COST OF SERVICES TO THE COUNTY
PHASE I ASSET DATABASE DEVELOPMENT AND VALUATION
$85,000 professional services fee
Pre-Approved Travel reimbursed at cost
These costs are further broken down in the spreadsheet below.
PHASE II OPTION I
$10,000 monthly retainer for the term of the agreement;
15% commission on all naming rights and sponsorship revenue;
and pre-approved travel reimbursed at cost
PHASE II OPTION II
$7,500 monthly retainer for the term of the agreement;
20% commission on all sponsorship revenue; and
pre-approved travel reimbursed at cost
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Gallagher Canter Schaefer Kennerly Shessler Law Nieser Thomas Weekly:Total
Week:1 8 10 2 10 7 4 33
Week:2 8 10 2 10 7 4 33
Week:3 4 5 2 12 9 5 33
Week:4 4 5 2 12 9 5 33
Week:5 4 5 2 12 9 5 33
Week:6 4 5 2 12 9 5 33
Week:7 4 5 2 12 9 5 33
Week:8 4 5 2 12 9 5 33
Week:9 4 5 2 12 9 5 33
Week:10 4 5 2 12 9 5 33
Week:11 4 5 2 12 9 5 33
Week:12 4 5 2 12 9 5 33
Week:13 4 5 2 12 9 5 33
Week:14 4 9 2 10 7 5 33
Week:15 4 9 2 10 7 5 33
Week:16 7 9 2 12 6 4 33
Week:17 7 9 2 12 6 4 33
TOTAL 561
PHASE:I:ASSET:INVENTORY:&:VALUATION:HOURLY:ESTIMATE
**All.of.the.figures.above.are.based.on.a.Phase.I.
duration.of.120.days,.and.costs.of.$85,000.as.stated.
in.the.cost.proposal..Further,.it.is.based.on.a.
blended.hourly.rate.of.$150..Nieser.and.Thomas.will.
strictly.be.assigned.to.the.Phase.II.sales.phase,.thus.
there.hours.are.negligible.in.the.Phase.I.process..
The.entire.Phase.II.sales.team.will.consist.of.Myles.
Gallagher,.Kyle.Canter,.Sean.Thomas,.and.Pat.Nieser.
leading.the.sales.efforts.with.engagement.support.
from.Matt.Schaefer.and.Claire.Reddy..As.Phase.II.is.
based.on.a.monthly.retainer.payment.and..
commissions.attached.to.revenue,.we.have.not.
comppleted.hourly.projections.
THE SUPERLATIVE GROUP !
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EXPERIENCE AND CAPACITY OF THE FIRM
Below you will find a variety of client profiles for which Superlative has successfully produced
similar services as those requested in this solicitation. The team members proposed here have
successfully worked together in some capacity in the client profiles outlined below. As
previously stated, Superlative has successfully delivered the services requested in this
solicitation since 1994. Further, our financial strength is outlined in the letters from both our
bank and our accounting firm that has been provided here.
Finally, any profile below with an asterisk next to its name, is a profile that shall serve as a
supplement to reference questionnaires provided.
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THE SUPERLATIVE GROUP !
Sponsorship Sales, Pouring Rights, Management Services
Miami-Dade County, FL*
Summary of Services Beginning in October 2016, The
Superlative Group has a five-year contract with Miami-Dade
County to perform a County-wide asset inventory, evaluate the
marketability and sponsorship potential for for County-owned
assets and develop a strategic sales campaign in order to secure
marketing partnerships. Opportunities include Naming sponsors, category partners and other
corporate sponsors for County agencies, including Miami International Airport, Jackson Health
System, Miami-Dade Transit, Zoo Miami and Port Miami. Currently, the project team is in the
process of securing a County-wide single-source beverage rights agreement and condusting the
Phase I valuation of Miami-Dade Transit assets for the Department of Transportation and Public
Works.
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THE SUPERLATIVE GROUP !
Sponsorship Valuation
City of Pompano Beach, FL*
Summary of Services The project team was hired by the City
of Pompano Beach to develop mutually beneficial sponsorship contracts
for the City’s Parks, Recreation and Cultural Arts Department. The
valuation team is currently working on Phase I to conduct an inventory of
existing and prospective marketing assets, develop a comprehensive
sponsorship policy and develop a strategic plan for marketing assets.
This phase also includes the examination of any current City asset
management agreements and marketing materials. Some of the assets
identified and valued include the City’s Amphitheater, Cultural Center,
Parks and swimming pools. Once the Phase I valuation report is delivered and approved, the
team will move into the Phase II Sales Campaign. This will include the development of sample
rights package for the marketplace, assistance in the evaluation and development of sponsorship
RFPs and more. The first task in this phase will be securing partnerships for the City’s most
valuable assets; in this case, the City’s athletic fields and events.
!!
THE SUPERLATIVE GROUP !
Naming Rights
City of Fort Lauderdale, FL
Summary of Services The Superlative Group was hired by the
City of Fort Lauderdale to act at the exclusive Naming Rights
Consultant to the famous Fort Lauderdale Aquatics Complex. This
includes developing and implementing a strategic marketing plan,
identifying and soliciting potential Naming Rights partners and
negotiating a Naming Rights agreement. The aquatic complex is
currently undergoing a $17 million renovation over the next 4 years,
including a new FINA compliant competition pool, refurbishment of an
existing training pool, a new dive well, spectator bleachers, spa and
grandstand. The project team is currently finalizing the valuation determining the feasibility and
value of all aquatic complex assets. Once it is accepted by the City, the team will begin the
sales phase.
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THE SUPERLATIVE GROUP !
Naming Rights, Pouring Rights, Sponsorship Sales
City of Miami Beach, FL
Summary of Services The project team was tasked by the
Parks & Recreation Department of the City of Miami Beach to complete a
revenue potential study on various assets in their portfolio including the
feasibility of a single-source soft drink agreement, official partnerships
and Naming Rights. Superlative executed a single-source soft drink
agreement with Coca-Cola on behalf of the City. The 10-year agreement
makes Coca-Cola the exclusive and official non-alcoholic beverage and
recycling partner of Miami Beach. Coca-Cola agreed to provide “revenue
enhancement opportunities” and advertising sales support to the City of Miami Beach. At 10
years and $7 million, this was the largest soft drink agreement for a municipality in the world at
the time.
THE SUPERLATIVE GROUP !
Naming Rights, Sponsorship Sales
Cuyahoga County, OH*
Summary of Services The Superlative Group was hired as the
exclusive Naming Rights consultant for the Cleveland Convention
Center and Global Center for Health Innovation. The project team
delivered a complete asset inventory and valuation. This included
recommendation for the best approach to maximizing revenues, project
asset prioritization, innovative ways to package assets for potential
partners and determining a fair market value for Naming Rights to the
Cleveland Convention Center and Global Center for Health Innovation.
Superlative recently announced an agreement between the Cleveland
Convention Center and FirstMerit Bank (now Huntington Bank) for Naming Rights, making the
convention center the “FirstMerit Convention Center of Cleveland” (now “Huntington Convention
Center of Cleveland”). The agreement is worth $10 million over 20 years.
THE SUPERLATIVE GROUP !
Naming Rights, Sponsorship Sales, Premium Seating Sales,
Pouring Rights
Sedgwick County, KS
Summary of Services Superlative was hired by Sedgwick
County to evaluate the Naming Rights, sponsorship and premium
seating revenue potential of their new downtown arena, home of the
Wichita State Shockers’ basketball team. Through focus groups,
industry-standard benchmarking and individual one-on-one interviews
with potential corporate or individual customers, the project team
provided the County with a revenue projection report within 3%
variance of the actual revenue generated. The project team was
subsequently retained as the exclusive sales agent on behalf of
Sedgwick County. In addition to the 25-year, $8.75 million Naming
Rights agreement with INTRUST Bank for the naming of the arena, naming partners were
secured for the Entrance Plaza (Cessna Aircraft Company) and Main Concourse (Spirit
AeroSystems) were delivered for $3 million each.
THE SUPERLATIVE GROUP !
Naming Rights, Sponsorship Sales
Cook County, IL
Summary of Services The Superlative Group has been hired by
Cook County to complete a comprehensive and ongoing valuation
assessment of all County assets and Departments and to develop and
manage an asset marketing program. As Cook County’s consultant,
Superlative has successfully developed, marketed and impletemented
revenue-generating strategies associated with specific assets for
numerous County departments including Cook County Clerk, Forest
Preserve District of Cook County, Cook County Health & Hospital
System, Cook County Recorder of Deeds and Cook County Bureau of
Technology. Revenue-generating programs and sales efforts currently
underway include:
• 10-year, $4.1 million exclusive pouring rights agreement with Pepsi
• Naming Rights to an under-construction Health and Hospital System facility
• Sponsorships of Forest Preserve Hike & Bike Trails and Bike Share program
THE SUPERLATIVE GROUP !
Sponsorship Sales, Management Services
City and County of Denver, CO
Summary of Services Superlative was hired as the exclusive agent to serve the City and
County of Denver for its sponsorship sales and management services. Prior to the sales phase,
Superlative created in-depth sponsorship valuation for the Denver International Airport, Denver
Performing Arts Complex, Red Rocks Amphitheatre, Denver Public Library, the Denver
Coliseum and more. The project team handled all sponsorship activation and sales for Denver
Arts & Venues. As the sole agency handling sponsorship for the venue, we handled the
scheduling of all on-site activation, fulfillment of all assets as well as all year-end recaps. We
also handled the sponsorship of DAV events, such as Yoga on the Rocks, the Five Points Jazz
Festival, Film on the Rocks and Fitness on the Rocks. Some of the sponsorship agreements
Superlative secured include:
• 3-year agreement with Brown-Forman for nearly $300,000
• 1-year agreement with Southwest Airlines for $120,000
• 3-year agreement with Miller-Coors for $1.1 million
• 5-year agreement with Pepsi for $1.3 million
• 2-year agreement with Jeep for $330,000
• 3-year agreement with Treasury Wine Estates for $204,000
• 3-year agreement with Red Bull for $180,000
• 1-year agreement with Conoco for $150,000
THE SUPERLATIVE GROUP
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Naming Rights, Sponsorship Sales
s
Rockford Park District
Summary of Services The Superlative Group was selected
in June 2015 to serve as the sole Naming Rights and sponsorship
consultant for the Rockford Park District’s Sportscore Downtown and
Sportscore II. The Rockford Park District is the third largest park and
recreation system in Illinois and its network includes four sports
complexes, five golf courses, four museums, two ice arenas, an
equestrian center and numerous recreational paths and public gardens.
The project team secured University of Wisconsin Health as the Naming
Rights partner to the Sportscore Downtown at 10 years and $2.1 million
as well as MercyRockford Health System on a 10-year, $1.9 Naming Rights agreement to
Sportscore I, Sportscore II and the Indoor Sports Center.
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THE SUPERLATIVE GROUP !
Naming Rights, Sponsorship Sales
s
City of Woodbury, MN in partnership
with Minnesota United Football Club*
Summary of Services The Superlative Group was selected in April
2015 to secure Naming Rights and sponsorship partners for Minnesota United
Football Club’s soccer stadium (National Sports Center), indoor multisport
complex (Bielenberg Sports Complex) and the team kits. The project team
completed a full asset inventory and valuation on the Bielenberg Sports
Complex prior to the sale of Naming Rights and sponsorships. Superlative
recently secured a 10-year, $3 million Naming Rights agreement to the
Beilenberg Sports Complex with HealthEast Care System.
THE SUPERLATIVE GROUP !
Naming Rights, Sponsorship Sales
s
City of St. Catharines, ON, Canada
Summary of Services Superlative was hired to provide
fundraising consulting services for the City’s Spectator Facility, the
new home of the Ontario Hockey League’s Niagara IceDogs. The
project team secured a 25-year, $5.26 million Naming Rights
agreement with Meridian Credit Union, making it the most lucrative
Naming Rights agreement in the Ontario Hockey League. Superlative also sold the 25 luxury
suites in only two weeks, generating an additional $2.6 million in contractually obligated revenue.
Superlative then secured over $2 million in club seats sales and an additional $2.5 million in
sponsorship sales. Sponsorship sales included:
• 10-year agreement with Canadian Automobile Association for $400,000
• 10-year agreement with Coca-Cola for $750,000 (this is a citywide pouring rights
agreement)
• 10-year agreement with Molson for $500,000
• 10-year agreement with Casino Niagara for $300,000
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THE SUPERLATIVE GROUP !
Naming Rights
s
St. Paul Saints
Summary of Services The Superlative Group served as
the exclusive Naming Rights Sales Consultant in 2012 to the St. Paul
Saints. The project included identification and valuation of Naming
Rights and Cornerstone Partnership opportunities for the St. Paul
Saints’ new ballpark in downtown St. Paul, MN. Team members
completed a full Phase I Project Inventory and Valuation and
delivered an asset inventory report in less than 90 days. Following delivery of the report,
Superlative entered the Phase II Sales process and sold the Naming Rights in less than 3
months. An agreement was reached with CHS, Inc. for $15 million over 13 years. This Naming
Rights agreement is the most lucrative Naming Rights agreement in the American Association of
Independent Professional Baseball.
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THE SUPERLATIVE GROUP !
Naming Rights, Premium Seating Sales
s
Cincinnati Reds
Summary of Services The project team conducted an in-depth
financial analysis of the potential revenue opportunities at the Cincinnati
Reds’ baseball park. This included extensive market research, focus
groups and interviews. Results showed extremely high market demand,
indicating the ability to support more suites than planned. It was the
project team’s recommendation that the suite inventory remain the same
and that the pricing be increased to capitalize on market demand. As a
result, all suites sold out at the escalated price per suite in a Major League-record 37 days.
During the suite sales campaign, the project team developed an innovative new Premium
Seating product called Scout Seats, located in the lower sections behind Home Plate and
between the batting circles. Scout Seats sold at a price point more than double traditional club
seats and included a benefits package of admission to special events, access to the Cincinnati
Bell Longue and more. The project team subsequently sold the Naming Rights to Great
American Insurance for $75 million over 30 years. In total, Superlative generated over $120
million for the Cincinnati Reds.
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THE SUPERLATIVE GROUP !
Sponsorship Sales, Premium Seating Sales
s
Cleveland Indians
Summary of Services The team members served
as the exclusive Premium Seating and Sponsorship sales
consultant for the Cleveland Indians during their transition
from Cleveland Municipal Stadium to Jacob’s “Progressive”
Field. During the team’s in-depth market analysis, it was
discovered that the corporate and individual customer base
had a far greater appetite for support than originally projected. The Cleveland Indians ownership
group changed the cantilever of the upper deck and increased the number of suites from 76 to
126. All 126 suites sold out, as did loge boxes, club seats and other premium seating options.
During the sales campaign, project members were able to generate additional revenue by
offering exclusive membership and access to The Terrace Club, a full-service restaurant, bar and
lounge overlooking the Home Run Deck.
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THE SUPERLATIVE GROUP !
SPECIALIZED EXPERTISE OF THE TEAM MEMBERS
Myles Gallagher
President & CEO
(Valuation & Sales
Support)
Kyle Canter
Chief Operating Officer
(Valuation Support &
Sales Support)
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Andy Shessler
Director of Analytics,
Statistics & Research
(Valuation Support)
Pat Nieser
Director, Corporate
Partnerships
(Sales Lead)
Matt Schaefer
Vice President, Client
Services
(Account Support)
Ross Kennerly
Director of Strategy &
Valuation
(Valuation Lead)
Sean Thomas
Director, Sponsorship
Sales
(Sales Lead)
THE SUPERLATIVE GROUP !
Myles Gallagher President and CEO
Professional Qualifications: 28 years of Naming Rights and Sponsorship experience, 23 years
as President and CEO of The Superlative Group
Educational Attainment: B.A., John Carroll University
A sales and marketing leader with 28 years of experience in Sports Marketing, Corporate
Consulting, Entertainment Property representation and Municipal Marketing, Gallagher opened
his full-service agency, The Superlative Group, Inc., in January 1994.
Before founding The Superlative Group, Gallagher played a key role in premium seating and
sponsorship sales with the Cleveland Indians during their transition from Cleveland Municipal
Stadium to Jacobs Field (now Progressive Field) in the early 90s.
Gallagher also served in IMG’s Motorsports Division, responsible for driver endorsements and
team representation, as well as the sales and marketing of Motorsports events, where he
represented such brands as Eddie Cheever, Jackie Stewart, and Emerson Fittipaldi and
directed sales of the Marlboro Grand Prix and other prestigious properties. Prior to IMG,
Gallagher served as the youngest brand manager in the tire industry at Dunlop Tire Corporation.
Gallagher pioneered the field of Municipal Marketing and has led the transition of Naming Rights
from a sports stadium niche to an integral part of public infrastructure financing.
Myles Gallagher serves on the Cleveland State University Foundation Board of Directors and
supports Cristo Rey Jesuit High School in Chicago, John Carroll University in Cleveland, St.
Edward High School in Lakewood, Ohio and the Bernie Kosar Charities.
THE SUPERLATIVE GROUP !
Kyle Canter Chief Operating Officer
Professional Qualifications: 12 years of experience in sponsorship sales and consulting
Educational Attainment: B.A., Tiffin University
As Chief Operating Officer of The Superlative Group, Canter is responsible for all aspects of
business development, client management, strategic planning, staffing, financial forecasting and
sales.
Canter has 9 years of experience in the Naming Rights and sponsorship analysis and sales
arena. He’s worked in the areas of municipal marketing, consulting, auto racing, music, beach
volleyball and figure skating. His experience with C-Level executives at some of the world’s
most successful and recognizable brands including UPS, M&M’s, Wrigley’s, Anheuser-Busch,
Corona and Corona Light, Oakley, Nestle, The Home Depot, Cleveland Clinic, Pioneer
Electronics, Pedigree, FIJI and Snickers, provide him a more intuitive understanding of how
executive teams value and analyze potential sponsorship and marketing partnerships.
Previously, Canter worked on several projects in IMG’s Motorsports and Golf Divisions. Canter
had the distinct privilege of working with IMG’s Senior Management team for 5 years.
THE SUPERLATIVE GROUP !
Andy Shessler Director of Valuation & Analytics
Professional Qualifications: 15 years of experience previously working for IEG and Paragon
Marketing Group
Educational Attainment: B.S., Northwestern University; M.B.A., University of North Carolina-
Chapel Hill
Andy Shessler brings 15 years of experience in managing and valuating brand marketing and
sponsorship portfolios for Fortune 500 clients, major events and professional sports
organizations. The experience includes valuations for the San Francisco 49ers, Ford Motor
Company and United Airlines.
Before joining The Superlative Group, Andy worked at Paragon Marketing Group. While at
Paragon, Andy was the main contact for major client partnerships including the PGA Tour,
Cleveland Indians, Cleveland Browns, Houston Texans, New York Red Bulls and Houston
Dynamo. Andy managed these relationships and campaigns from beginning to end including
program development, content creation, contract negotiation, on-site event management and
result analytics.
Andy has led successful valuation campaigns, finding the true value of partnerships for clients
such as Honda Motors, Direct Energy, the Toronto International Film Festival and many more.
Previously, Shessler was a Senior Director for IEG Sponsorship & Valuation Consulting.
THE SUPERLATIVE GROUP !
Ross Kennerly Director of Strategy and Valuation
Professional Qualifications: 11 years of experience previously working for IEG, BeatNIK
Marketing Group and Social Capital Partnerships
Educational Attainment: B.A., Alma College; Diplome de Langue Française, Alliance Française
Paris Ile-de-France
Ross Kennerly brings 11 years of experience in corporate sponsorship valuation, consulting,
activation and sales, including over two years in nonprofit management, consulting-to-fundraise
and cause marketing program development. Kennerly has also worked as a creative and
sponsorship consultant for some of the world's most recognizable brands, including RJ
Reynolds, Anheuser-Busch InBev, Kraft Foods Group, Jockey and Newell-Rubbermaid. He is
responsible for business development, client management and all facets of the TSG valuation
process.
Before joining Superlative, Kennerly worked for Social Capital Partnerships, providing nonprofit
fundraising strategy and raising millions of dollars through sponsorship sales as part of the
development teams for over 10 international nonprofits, including the American Society for the
Prevention of Cruelty to Animals, Disabled American Veterans, American Red Cross,
Opportunity International, National 4-H Council, Rotary International, the United Nations
Foundation, Best Friends Animal Society, Children's Miracle Network, Leukemia & Lymphoma
Society, Feeding America and National Park Foundation.
Previously, Kennerly worked as the Director of Sponsorship Development at BeatNik Marketing
Group, where he helped secure corporate partnerships for Michael Jordan Motorsports and the
China Investment Federation. Prior to that, Kennerly valued hundreds of sponsorship packages
as a Senior Sponsorship Analyst at IEG. His client list included the Rock and Roll Hall of Fame
and Museum, Minnesota Twins, Walt Disney Corporation, NBC Universal and High Museum of
Atlanta.
THE SUPERLATIVE GROUP !
Matt Schaefer, Vice President, Client Services
Professional Qualifications: 6 years of experience in contract and sales management
Educational Attainment: M.B.A., Cleveland State University’s Monte Ahuja College of Business;
Juris Doctor, Cleveland State University’s Marshall College of Law
Schaefer brings extensive experience in sales, negotiations, and contract services. He has
advised clients through a variety of sales campaigns. Schaefer’s legal and business experience
makes him an integral part of the client relationship, from proposal, to contract execution, and all
the way through activation.
As Superlative’s Vice President of Client Services, Schaefer is in charge of developing key
relationships, presenting unique marketing campaigns and working closely with corporations on
their objectives.
THE SUPERLATIVE GROUP !
Pat Nieser Director of Corporate Partnerships
Professional Qualifications: 10 years of experience in professional sports sponsorship sales
Educational Attainment: B.S., Ohio University; M.B.A., Ohio University; M.S.A., Ohio University
Pat Nieser brings over 10 years of experience in the sponsorship sales world with time spent in
the NCAA, MLB, NBA, NFL and digital sports field. He has also consulted, activated and valued
marketing opportunities with the majority of his time spent selling corporate partnerships with
the Cincinnati Bengals. During his time in Cincinnati, Pat was involved in major projects such as
a stadium-wide Wi-Fi network installation.
Nieser has enjoyed working with clients in the CPG, retail, automotive, healthcare, malt
beverage and technology industries. He received his Master of Sports Administration from Ohio
University and has enjoyed supporting the American Cancer Society, University School and
Ohio University through various volunteer and fundraising initiatives.
THE SUPERLATIVE GROUP !
Sean Thomas Director of Sponsorship Sales
Professional Qualifications: 13 years of experience in multimedia advertising sales, event
production, key partnership development and sponsorship sales
Educational Attainment: B.S., Colorado State University
Background: As the Director of Sponsorship Sales for The Superlative Group, Sean is
responsible for all aspects of business development, client management, strategic planning,
staffing, financial forecasting and sponsorship sales.
Sean has extensive experience leading sponsorship programs, creating customizable
partnerships and revenue potential analysis.
Sean’s profession has lead him to working with C-Level executives at some of the world’s most
successful and recognizable brands, including: JEEP, Pepsi, Coors, Red Bull, Lexus, Mazda,
Land Rover, 1STBANK, Sprint, Verizon Wireless, The North Face, New Balance, Brown-
Forman, Anheuser-Busch, Chipotle, Corona, MARS Food Services, PetSmart, The Denver
Broncos, Under Armor and GoPro. Sean’s broad scope of work has provided him a more
cerebral understanding of how executive teams market, value and ultimately analyze potential
sponsorship and media partnerships.
Previously, Sean worked with Mountain Sports Media and Warren Miller Entertainment in
Colorado, helping to continue to grow the iconic outdoor sports brand.
THE SUPERLATIVE GROUP !
REQUIRED FORMS
THE SUPERLATIVE GROUP !
REFERENCE QUESTIONNAIRES
Reference Questionnaire
Solicitation: 18-7294
Reference Questionnaire for:
The Superlative Group, Inc.
(Name of Company Requesting Reference Information)
Matt Schaefer
(Name of Individuals Requesting Reference Information)
Name:Suzette Sibble
(Evaluator completing reference questionnaire)
Company:City of Pompano Beach
(Evaluator’s Company completing reference)
Email: suzette.sibble@copbfl.com FAX: 954-786-4504 Telephone: 954-786-4606
Collier County has implemented a process that collects reference information on firms and their key personnel to be
used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed
you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria
to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire
the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual
again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or
form will be scored “0.” (Please note, references from Collier County staff will not be accepted.)
Project Description: Naming Rights & Sponsorship
Policy Development and Valuation
Completion Date: Active
Project Budget: $68,000 Project Number of Days: 1 Year
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
10
2 Ability to maintain project schedule (complete on-time or early).
10
3 Quality of work.
10
4 Quality of consultative advice provided on the project.
10
5 Professionalism and ability to manage personnel.
10
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
10
7 Ability to verbally communicate and document information clearly and succinctly.
10
8 Abiltity to manage risks and unexpected project circumstances.
10
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10
10 Overall comfort level with hiring the company in the future (customer satisfaction).
10
TOTAL SCORE OF ALL ITEMS 100
Reference Questionnaire
Solicitation: 18-7294
Reference Questionnaire for:
The Superlative Group, Inc.
(Name of Company Requesting Reference Information)
Matt Schaefer
(Name of Individuals Requesting Reference Information)
Name:Dan Wall
(Evaluator completing reference questionnaire)
Company:Miami-Dade County
(Evaluator’s Company completing reference)
Email: dtw@miamidade.gov FAX:
Telephone: (305) 375-4742
Collier County has implemented a process that collects reference information on firms and their key personnel to be
used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed
you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria
to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire
the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual
again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or
form will be scored “0.” (Please note, references from Collier County staff will not be accepted.)
Project Description: Marketing Partnerships Program
Completion Date: Active
Project Budget: N/A Project Number of Days: Aug 2016 - Present
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
10
2 Ability to maintain project schedule (complete on-time or early).
9
3 Quality of work.
10
4 Quality of consultative advice provided on the project.
10
5 Professionalism and ability to manage personnel.
10
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
9
7 Ability to verbally communicate and document information clearly and succinctly.
10
8 Abiltity to manage risks and unexpected project circumstances.
10
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
9
10 Overall comfort level with hiring the company in the future (customer satisfaction).
10
TOTAL SCORE OF ALL ITEMS 97
Reference Questionnaire
Solicitation: 18-7294
Reference Questionnaire for:
The Superlative Group, Inc.
(Name of Company Requesting Reference Information)
Matt Schaefer
(Name of Individuals Requesting Reference Information)
Name:Eric Searles
(Evaluator completing reference questionnaire)
Company:City of Woodbury
(Evaluator’s Company completing reference)
Email: esearles@ci.woodbury.mn.us FAX:
Telephone: (651) 714-3532
Collier County has implemented a process that collects reference information on firms and their key personnel to be
used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed
you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria
to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire
the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual
again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or
form will be scored “0.” (Please note, references from Collier County staff will not be accepted.)
Project Description: Naming Rights & Sponsorship
Valuation and Sales
Completion Date: Summer 2017
Project Budget: N/A Project Number of Days: 2 Years
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
10
2 Ability to maintain project schedule (complete on-time or early).
10
3 Quality of work.
10
4 Quality of consultative advice provided on the project.
10
5 Professionalism and ability to manage personnel.
10
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
10
7 Ability to verbally communicate and document information clearly and succinctly.
10
8 Abiltity to manage risks and unexpected project circumstances.
10
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10
10 Overall comfort level with hiring the company in the future (customer satisfaction).
10
TOTAL SCORE OF ALL ITEMS 100
Reference Questionnaire
Solicitation: 18-7294
Reference Questionnaire for:
The Superlative Group, Inc.
(Name of Company Requesting Reference Information)
Matt Schaefer
(Name of Individuals Requesting Reference Information)
Name:Mike Foley
(Evaluator completing reference questionnaire)
Company:Cuyahoga County
(Evaluator’s Company completing reference)
Email: mfoley@cuyahogacounty.us FAX:
Telephone: (216) 443-3055
Collier County has implemented a process that collects reference information on firms and their key personnel to be
used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed
you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria
to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire
the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual
again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or
form will be scored “0.” (Please note, references from Collier County staff will not be accepted.)
Project Description: Naming Rights & Sponsorship
Valuation and Sales
Completion Date: Two engagements (10/16 & 6/17)
Project Budget: N/A Project Number of Days: 3 years and 1 year
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
10
2 Ability to maintain project schedule (complete on-time or early).
10
3 Quality of work.
10
4 Quality of consultative advice provided on the project.
10
5 Professionalism and ability to manage personnel.
10
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
10
7 Ability to verbally communicate and document information clearly and succinctly.
10
8 Abiltity to manage risks and unexpected project circumstances.
10
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10
10 Overall comfort level with hiring the company in the future (customer satisfaction).
10
TOTAL SCORE OF ALL ITEMS 100
Reference Questionnaire
Solicitation: 18-7294
Reference Questionnaire for:
The Superlative Group, Inc.
(Name of Company Requesting Reference Information)
Matt Schaefer
(Name of Individuals Requesting Reference Information)
Name:Steve Bitto
(Evaluator completing reference questionnaire)
Company: GCRTA
(Evaluator’s Company completing reference)
Cell: 216-390-9628
Email: sbitto@gcrta.org FAX:
Telephone: 216-356-3111
Collier County has implemented a process that collects reference information on firms and their key personnel to be
used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed
you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria
to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire
the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual
again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or
form will be scored “0.” (Please note, references from Collier County staff will not be accepted.)
Project Description: Naming Rights & Sponsorship Sales
Completion Date: Active
Project Budget: N/A Project Number of Days: Ten years and still active
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
10
2 Ability to maintain project schedule (complete on-time or early).
9
3 Quality of work.
10
4 Quality of consultative advice provided on the project.
10
5 Professionalism and ability to manage personnel.
10
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
9
7 Ability to verbally communicate and document information clearly and succinctly.
9
8 Abiltity to manage risks and unexpected project circumstances.
10
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10
10 Overall comfort level with hiring the company in the future (customer satisfaction).
10
TOTAL SCORE OF ALL ITEMS 97
THE SUPERLATIVE GROUP !
DEMONSTRATION OF FINANCIAL STRENGTH
*As referenced under “Experience and Capacity of the Firm”
Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States
after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility
Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a.Notice of E-Verify Participation
b.Notice of Right to Work
2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives’ contact information changes.
3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee’s E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
703918
The parties to this agreement are the Department of Homeland Security (DHS) and the
The Superlative Group (Employer). The purpose of this agreement is to set forth terms and
conditions which the Employer will follow while participating in E-Verify.
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4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form I-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form I-9.
7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print
the screen containing the case verification number and attach it to the employee's Form I-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.
a. The following modified requirements are the only exceptions to an Employer’s obligation to not
employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
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employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E-Verify.
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been
completed), and to complete as many steps of the E-Verify process as are necessary according to the
E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee’s E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee’s perceived employment eligibility status
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(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee’s employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
“foreign” or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration-related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
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reasonable notice, to review Forms I-9 and other employment records and to interview it and its
employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally-approved, federally-certified, or federally-recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer’s services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
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b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee’s work authorization has not expired, and
iii. The Employer has reviewed the Form I-9 information either in person or in
communications with the employee to ensure that the employee’s Section 1, Form I-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the
previous Form I-9 to provide the necessary information if:
i. The Employer cannot determine that Form I-9 complies with Article II.A.6,
ii. The employee’s basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form I-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with
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Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after
completing Form I-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer’s compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA’s
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
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b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of
Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee’s E-Verify
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case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee’s E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
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employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee’s documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
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B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer’s business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
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Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
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Company ID Number:
Approved by:
Employer
Name (Please Type or Print) Title
Signature Date
Department of Homeland Security – Verification Division
Name (Please Type or Print) Title
Signature Date
703918
The Superlative Group
Myles Gallagher
Electronically Signed 08/20/2013
USCIS Verification Division
Electronically Signed 08/20/2013
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Company ID Number:
Information Required for the E-Verify Program
Information relating to your Company:
Company Name
Company Facility Address
Company Alternate Address
County or Parish
Employer Identification Number
North American Industry
Classification Systems Code
Parent Company
Number of Employees
Number of Sites Verified for
703918
The Superlative Group
921 Huron Road
Cleveland, OH 44115
CUYAHOGA
341762954
711
10 to 19
1
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Company ID Number:
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
703918
OHIO 1 site(s)
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Company ID Number:
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
703918
Name Myles Gallagher
Phone Number (216) 592 - 9400
Fax Number
Email Address knop@superlativegroup.com