Print

Email story

Comment

Email editor

Technicality voids ad firm's contract

When the tourism council sought applicants for PR duties, the wording violated Sunshine Laws.

By BARBARA BEHRENDT
Published October 10, 2006

In the ongoing battle over who should promote Citrus County tourism, the county's Tourist Development Council suffered a serious setback Monday.

After receiving a complaint from a vendor not awarded the county's tourism development and public relations contract several months ago, the County Attorney's Office has determined that there might have been a procedural flaw in the selection process.

The TDC has been told to start from scratch with that process and will conduct a special meeting Oct. 18 to discuss the issue, said Mary Craven, tourism development manager.

At issue was a statement in the request for proposals explaining that each vendor would be given a time to make its presentation before the TDC. The statement went on to say that the vendors "may choose as a professional courtesy to remain outside the meeting room during the others' presentations."

In a letter to TDC chairman Gary Bartell received on Friday, attorney David M. Snyder argued that the phrase violated the Sunshine Law "by inducing parties who made proposals and presentations to 'voluntarily' absent themselves from the TDC meeting as a matter of 'professional courtesy' while other parties' presentations were being made."

Snyder, who represents Nature Coast Tourism Development Inc., a vendor that did not get the TDC's approval in that process, urged the county to notify the firm chosen, Gold & Associates, that its contract is void.

"In addition, should the Board of County Commissioners deem it advisable to have such a contract in the future, the companies respectfully request that all proposals, presentations of such proposals and the acceptance of same be made in compliance of the Sunshine Law," Snyder wrote.

The Sunshine Law is the state's open meetings law, and the TDC's meetings are open to the public.

County Attorney Robert "Butch" Battista said that the case law cited by Snyder is correct and that the District Court of Appeal has ruled that even a suggestion that someone not attend a public meeting for "professional courtesy" was considered a violation of the Sunshine Law. That means that whatever action was taken was null and void. In this case, the award of the contract to Gold & Associates is voided by the technicality.

Craven said that during the presentations by the four firms vying for the public relations contract, none of the other companies watched the presentations by their competitors.

After the TDC settled on Gold & Associates, the same firm that it has been using for several years, Nature Coast Tourism Development, raised a protest about the process.

Amy Virgo of Nature Coast Tourism asked the County Commission to hold a workshop on the tourism development issue. The commissioners approved the contract with Gold & Associates and sent the workshop idea back to the TDC. The TDC has not yet held such a workshop.

Virgo could not be reached for comment Monday.

Virgo also serves as the tourism arm of the Citrus County Chamber of Commerce. For years, the TDC paid the chamber for its promotional work from the 3 percent bed tax the TDC collects from overnight lodging in the county.

This year, the TDC voted to end that arrangement with the chamber, prompting some sharp exchanges between county, TDC and chamber officials.

Since the commission's decision to pick Gold & Associates, Virgo has requested a variety of documents from the county's Visitors and Convention Bureau and this week is reviewing the tape of the July advertising firm presentations, Craven said.

She said she was surprised by the latest turn of events.

The questionable language in the request for proposals,"is relatively standard in these kinds of RFPs," she said.

Craven said the voiding of the Gold & Associates contract comes at a bad time for promoting tourism to Citrus County.

"We have the manatee season upon us, and as far as advertising is concerned, it's the most important thing we advertise," she said.

Craven said that plans to improve the county's tourism Web site and encourage motorcyclists in Daytona Beach to visit Citrus will also be affected.

Keith Gold of Gold & Associates said that numerous deadlines for advertising will be missed because of the voiding of the contract. But that won't stop his firm from submitting another proposal.

"We love Citrus County," he said.

Battista said that Gold's firm was put on notice that its work to this point would be paid for but that from now forward, the contract was void.

Battista said the county will not rush the process of picking a public relations firm. The same 60 days to respond given in the first round will be allowed again.

"In the meantime, we're going to do everything that we can to keep the ball rolling from the staff's standpoint," Craven said.

Barbara Behrendt can be reached at 564-3621 or behrendt@sptimes.com.

[Last modified October 9, 2006, 19:38:30]