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Agenda 09/23/2008 Item #16F 7Item # 16F7 September 23, 2008 Page 1 of 9 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement between Collier County and DiaMonde e.K. in FY 09 for International marketing representation services in the amount of $190,000. OBJECTIVE: Approve an agreement for tourism marketing representation in the German speaking and Benelux regions of Europe. CONSIDERATIONS: The Collier County tourism industry has enthusiastically supported and the Tourist Development Council (TDC) and the Board of County Commissioners concurred to provide international marketing representation for Collier County on a full -time basis for the remainder of FY 08 and FY 09. The use of tourism emergency advertising funds for expanded international marketing efforts due to the declaration of an Economic Emergency was authorized by the Board of County Commissioners at their July 22, 2008 meeting, Agenda Item 10 I. The representation services for FY 09 by DiaMonde total $190,000 and will include travel trade training, sales missions, trade shows and public relations assistance on behalf of the Naples, Marco Island, Everglades Convention & Visitors Bureau (CVB). ADVISORY COMMITTEE RECOMMENDATIONS: The TDC approved the use of emergency advertising funds for expanded international marketing efforts at the June 23, 2008 meeting. LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office and is legally sufficient for Board action. - CMG FISCAL IMPACT: Sufficient funding is available in Fund 196 for these services. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: For the Board of County Commissioners to approve and authorize the Chairman to sign an agreement with DiaMonde e.K. for international marketing representation services in Germany and the Benelux region for FY 09 in the amount of $190,000. PREPARED BY: Jack Wert, Tourism Director Item # 16177 September 23, 2008 Page 2 of 9 Recommendation for the Board of County Commissioners to approve agreement between Collier County and DiaMonde e.K. in FY 09 for International marketing representation services in the amount of $190,000 and authorize the Chairman to sign said Agreement. Prepared By: Department Date Tourism 9/9/2008 9:12:36 AM Approved By: Department Approval County Attorney Approved Approved By: Date 9/17/2008 2:05 PM Department Approval Date Office of Management Approved 9/17/2008 2:46 PM and Budget Approved By: Department Approval Date County Manager's Office Approved 9/17/2008 2:54 PM ATTACHMENTS: Name: Description: Type: ❑ DiaMondeFYUAgreement JU.doc Dia Monde Exec Summ Executive Summary 0 cpAttachment odf Economic Emergency Resolution Resolution Letter b Di_a Monde Agreement. Idff Agreement Agreement Item # 16F7 September 23, 2008 Page 3 of 9 RESOLUTION NO. 2008- 222 RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING USE OF TOURIST DEVELOPMENT FUNDS FOR EMERGENCY ADVERTISING DUE TO THE DISTRESSED ECONOMIC SITUATION IN THE UNITED STATES. WHEREAS, the Board of County Commissioners of Collier County sets aside tourist development tax funds for Emergency Advertising in Fund 196 in accordance with Ordinance No. 92 -60, as amended; and WHEREAS, the Board of County Commissioners finds that there is an Economic Emergency due to the distressed economic situation in the United States and that use of Emergency Advertising Funds for this purpose is appropriate; and WHEREAS, the Board of County Commissioners desires to authorize staff to use up to $800,000 annually from Fund 196 for Emergency Advertising on an as- needed basis for two years (FY 08 and FY 09); and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: the Tourism Director is authorized, after approval by the County Manager and the Chairman of the Tourist Development Council, to use funds up to $500,000 in FY 08 and up to $800,000 in FY 09 for Emergency Advertising in accordance with this Resolution; and BE IT FURTHER RESOLVED, the Board of County Commissioners finds that circumstances or events in or near Collier County which warrant the immediate use of Emergency Advertising Funds includes a distressed economic condition as it exists today in the United States; and BE IT FURTHER RESOLVED, the Board of County Commissioners further finds that there is state of emergency warranting the expenditure of Emergency Funds for advertising in specifically identified markets; and BE IT FURTHER RESOLVED, this authorization is for the duration of the County's contract with Paradise Advertising and Marketing, which contract shall expire on September 30, 2008, unless renewed annually for up to a maximum of two (2) additional years. Item # 16F7 September 23, 2008 Page 4 of 9 This Resolution adopted this _ off, day of July, 2008 after motion, second and majority vote favoring same. ATTEST:, DWICJTr)3..1 ROCK, Clerk A 5t ~�s Eo �.,�6pM� C31erk t'at�cr.Q!''` ti Apol!Dyed -as to foon and legal s&Kci adcy:' Colleen M. Greene, Assistant County Attorney CP\\ TDC:\ 2007Rraa \AuthorimEnxnmcyAdvertisingF=ds BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA i� TNNhIENNING, September 23, Page 5 of 9 DIA MONDE RV NATASA MANILA •AL[8 I - .RKETIN6 I RROM0"D" I ...... ENTRT111 FOR LUXURY RETREATS WORLOWIOE -.. ... 1. 1. 11. IvU m ..__ REPRESENTATION AGREEMENT This is a representation agreement for Collier County, hereafter referred to as THE CLIENT prepared by DiaMonde e.K., a registered company in Stuttgart, Germany, registration number HRA 722594 and tax ID number DE222067856, for the representation of THE CLIENT in the German- speaking and Benelux market places. The agreement is aimed at generating more awareness and business from above mentioned market places place for THE CLIENT. Main feeder countries include Germany, Switzerland, Austria and the Benelux. Activities will be executed according to the attached marketing plan and its budget. 1j LIASON LIAISON and REPORTING DiaMonde will coordinate directly with the assigned members of staff Rhin? THE CLIENT head office. REPORTING Monthly reports will be submitted to the Executive Director'by the l Oth of the' following month, outlining activities per country with future activity projections, and market overviews. 4 FEES and EXPENSES= Y -�I The retainer fee for activities for THE CLIENT is agreed at US$8500 per-month commencing October t, 2008. The annual cost of this agreomentl shall not exceed US$190,000 including US$102,000 in daily fee's for service and US$88,000 in travel expenses. Additional expenditures must be authorize4 by Collier County by change order to this agreement. Administrative and office cost are included in the above mentioned'fee. This will include cost of communication, stationery, daily, postage. and - printing for the sales office as well as cost of travel by car /train, in Germany, Austria and Switzerland for regular sales calls to agents and operators. -it does notinclude CALWER 9TR. 19 70173 8TUTTOART BE.. .. Item # 16F7 .,_ September 23, Page 6 of 9 any airfares or any travel outside of the agreed sales calls travel schedule which is attached. The retainer representation cost has been agreed at the following exchange rate: 1 Euro = 1.60 US Dollar Should the exchange rate fluctuate by more than 10 %, the retainer fee will be re- negotiated. Cost of travel and entertainment will be billed separately to the fees in arrears, after previous approval from the Executive Director. Travel cost for attendance at trade shows, road shows or any other specific events for THE CLIENT will be billed separately to the fees in arrears, after previous approval from the Executive Director. A per diem charge applies as follows: Germany: €24 per day of travel Netherlands: €39 per day of travel Belgium: €42 per day of travel Austria: E36 per day of travel Switzerland: €48 per day of travel USA: €54 per day of travel (official German per diem rates for travel) Mileage will be reimbursed at rate of US$ 0.585 per mile. Sales agent functions to be billed separately, as required and will be extra to the fees above and billed separately, only with agreement from THE CLIENT. Co-op promotion fund costs will be invoiced Independently of fees and other expenses and should not be incurred without prior approval. TERMS Once the agreement has been made, it shall subsist for a minimum of one year. As long as neither party submits a written notice of three (3) months (after the completion of the first year), the agreement shall be considered as extended for one -year periods, without any further declaration necessary. Payment of retainer fee shall be made for each month in advance upon receipt of invoice. Travel expenses will be reimbursed in accordance with chapter 218 Florida Statutes, also known as the "Local Government Prompt Payment Act ", upon receipt of a proper invoice. Payment shall be made by wire transfer, whereby the wire transfer charge is to be split between both parties in equal amounts. Any termination of this agreement shall be without prejudice to any outstanding liabilities accrued or arising under this agreement. In the event of cancellation, fees shall accrue on a daily basis up to the termination of the period of notice. Prepared by DiaMonde e.K. on 27/08/2008 Moe 2 of 5 Item # 161F7 September 23, Page 7 of 9 Payment is due in accordance with Chapter 218, Florida Statutes. This agreement shall commence upon execution of this agreement and terminate on September 30, 2010. The County may, at its discretion and with the consent of the Contractor, extend the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Invoicing - The purchase order number must be referenced on each invoice. If this number does not appear or is omitted, invoice will be returned to the vendor. Billing problems /concems should be directed to the Purchasing Department, Purchasing Building, 3301 Tomiami Trail East, Naples, Florida 34412. Payment will be made upon receipt of a proper invoice with appropriate backup. Partnership - Nothing herein contained shall create or be construed as creating a Partnership between the County and the Contractor or to constitute the contractor as an agent of the County. No Improper Use - The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or thereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Prohibition of Gifts - No organization or individual shall offer or give, either directly or indirectly, any favour, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting Prepared by DlaMonde eX on 27/08/2008 oaae 3 of 5 September 23, Page 8 of 9 bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Termination - Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non - performance. Notices - All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following address: DiaMonde e.K. Calwer Str. 19 70173 Stuttgart Germany Attn: Natasa Manic All Notices from the Contractor to the County shall be deemed duly served if mailed or foxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carrell The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. Indemnification - To the maximum extent permitted by Florida law, the Contractor or consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant or anyone employed or utilized by the Contract or Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Prepared by DiaMonde e.K. on 27/08/2008 oaae 4 of 5 Item # 16177 September 23, Page 9 of 9 Subject to Appropriation - It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. Insurance - The Contractor shall provide insurance as follows: General Liability coverage in limits of US$500,000 per occurrence for bodily injury and property damage written under a policy form which is substantially equivalent to the latest Insurance Services Office (United States) form. Venue shall be Collier County, Florida. CONTRACTOR: Two wi��tne ses: stw'r ss 16 n 'P Z.�t�t'n�C: IZ Type /print name A� , n SebQdd witness e /print name Date: l ^ I ATTEST: Dwight E. Brock, Clerk By: i onde e.K. 1� I � By: L.- Type /print name Owner: ^1 roved as to form and legal sufficiency: ssistanI County Attorne Y Board of County Commissioners of Collier County Florida By: Tom Henning, Chairman nnner i MA Type /print name Prepared by DiaMonde eX on 27/0812008 nnner i MA