Agenda 07/09/2013 Item #16F3 Proposed Agenda Changes
Board of County Commissioners Meeting
July 9,2013
Add On Item 10D: Recommendation that the Board of County Commissioners direct staff to
research the economic development tools(as outlined in the executive summary)as part of the
overall economic development program for the county and bring back recommendations to the
Board in October 2013. (Commissioner Hiller's request)
Withdraw Item 16A13: Recommendation to acknowledge and allow for 2210 Vanderbilt
Beach Road,LLC to proceed at their own risk in replace existing non-conforming signage on their
property,while seeking a Variance from the existing sign regulations. (Staff's request)
Move Item 16F3 to Item 11C:
Recommendation to approve a Change
Order #5 to Contract # 10-5541 with
Paradise Advertising and Marketing, Inc. for
Tourism Marketing Services to reflect a
requested increase for marketing services for
the Office of Business and Economic
Development in the amount of $75,000 and
authorize the Chairwoman to execute the
Change Order. (Commissioner Nance's
request)
Add On Item 16K1: Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Amendment in the lawsuit entitled Collier County et al v. Florida
Georgia Grove,LLP, et al, filed in the Twentieth Judicial Circuit in and for Collier County,Florida
(Case No. 11-1640-CA)and direct County staff to commence the process of vacating any claimed
public right-of-way or prescriptive easement interest to a portion of Mamie Street. (County
Attorney's request)
7/9/2013 16.F.3.
EXECUTIVE SUMMARY
Recommendation to approve a Change Order #5 to Contract # 10-5541 with
Paradise Advertising and Marketing, Inc. for Tourism Marketing Services to
reflect a requested increase for marketing services for the Office of Business and
Economic Development in the amount of $75,000 and authorize the Chairwoman
to execute the Change Order.
OBJECTIVE: To procure necessary marketing services for the Office of Business and
Economic Development (OBED) using the existing agreement with Paradise Advertising
and Marketing, Inc.
CONSIDERATIONS: The new Office of Business and Economic Development is
currently developing a market positioning plan and related marketing materials such as
a website and printed and digital marketing materials to promote Collier County as a
business destination. Paradise Advertising and Marketing, Inc. provides comparable
marketing services to the Collier County Tourism Department, and Staff recommends
that the County approve extending these services to the new OBED for consistency in
the market. The services will be coordinated by and invoiced directly to OBED. OBED
staff is planning to spend up to $75,000 in FY 13 for these marketing services from
Paradise Advertising.
The services provided to the OBED are outlined in the attached scope of services and
will be billed to Collier County under the Contract with Paradise Advertising at net cost
with no agency commission. The billing for the services provided to OBED will not
impact the current approved paid media and production Tourism Department base
budget of $2,000,000, and no TDC funds are being used for these business-destination
marketing services
FISCAL IMPACT: Funds are available in the Office of Business and Economic
Development FY 13 Fund 001 budget for up to $75,000 in marketing expenses.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. — CMG
RECOMMENDATION: That the Board of County Commissioners approves Change
Order#5 to Contract # 10-5541 with Paradise Advertising and Marketing, Inc. to reflect
a requested increase for marketing services for the Office of Business and Economic
Development in the amount of $75,000; and authorizes the Chairwoman to execute the
Change Order.
SUBMITTED BY: Bruce Register, Office of Business and Economic Development
Director
Attachments: Contract Modification Sheet, Change Order #5, Scope of Services,
Contract# 10-5541
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7/9/2013 16.F.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.3.
Item Summary: Recommend approval of Change Order#5 to Contract# 10-5541 with
Paradise Advertising and Marketing, Inc.for Tourism Marketing Services to reflect a requested
increase for marketing services for the Office of Business and Economic Development in the
amount of$75,000 and authorize the Chairwoman to execute the Change Order.
Meeting Date: 7/9/2013
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
7/1/2013 11:32:31 AM
Submitted by
Title: Director-Tourism,Tourism
Name: WertJack
7/1/2013 11:32:34 AM
Approved By
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 7/1/2013 12:21:46 PM
Name: WertJack
Title: Director-Tourism,Tourism
Date: 7/1/2013 12:29:52 PM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing&General Services
Date: 7/1/2013 12:40:51 PM
Name: RegisterBruce
Date: 7/1/2013 1:10:50 PM
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Name: DeLeonDiana Amitott
Title: Contracts Technician,Purchasing
Date: 7/1/2013 3:01:36 PM
Name: GreeneColleen
Title:Assistant County Attorney,County Attorney
Date: 7/2/2013 8:39:57 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/2/2013 9:23:09 AM
Name: IsacksonMark
Title:Director-Corp Financial and Mgmt Svs,CMO
Date: 7/2/2013 9:34:59 AM
Name: OchsLeo
Title: County Manager
Date: 7/2/2013 11:00:57 AM
Ami
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Co to
Purchasing Department
Administrative Services Division Change Modification Form
Purchasing
X Contract Change Request ❑Work Order Modification
Contract#: Change#: 5 PO/Work Order#: Project Name: Tourism Marketing
10-5541 Services
Project#: Project Manager: Jack Department: Tourism Contractor/Firm Name: Paradise
Wert Advertising and Marketing, Inc.
Original Contract/Work Order Amount .$ ,'2,300,00000 3/22/11 Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount $ .3;800,00000' 4/23/13 Last BCC Approval Date; Agenda Item#
Current Contract/Work Order Amount $;' ,'3,,,800;000330 SAP Contract Expiration Date (Master)
Dollar Amount of this Change "„ $755i:000.00 68.48% Total Change from Original Amount
Revised Contract/Work Order Total $3,875,000.00 1.97% Change from Current BCC Approved Amount
Cumulative Changes $1,575,000.00 1.97% 'Change from Current Amount
Completion Date, Description of the,Task(s)Change,and Rationale for the Change
Original completion date: Last approved completion date: Revised completion date (includes this
9/30/2013 9/30/2013 change): 9/30/2013
Number of days added : 0 Each step on the contract modification checklist form has been reviewed prior to me
submitting for approval JW(this box must be initialed by Project Manager)
X Add new task(s) ❑ Change task(s) ❑ Delete task(s) ❑ Other(specify):
1. Provide a detailed and specific explanation of the requested change(s)to the task(s)and/or the additional
'ays added: Up to$75,000 for marketing and promotion services on behalf of the Collier County Office of Business and
:onomic Development under the existing agreement with Paradise Advertising and Marketing, Inc.
2. Provide detailed rationale for the requested change: It is in the best interest of the County to extend these
marketing and promotion services to the new Office of Business and Economic Development.
3. Provide explanation why change was not anticipated in original scope of work: A Market Positions Plan for the
new Office of Business and Economic Development was not anticipated at the time the current agreement with Paradise
Advertising and Marketing, Inc. was approved.
4. Describe the impact if this change is not processed: If this change order is not processed, it will have a significant
negative impact on the ability for the Office of Business and Economic Development to promote Collier County as a business
destination.
Type of Change/Modification
❑ 1. Planned/Elective X 2. Unforeseen conditions/circumstance ❑ 3. Quantity or price adjustment
❑4. Correction of error(s) ❑ 5. Value added _ ❑6. Schedule adjustment
Change Requested By
❑ Contractor/Consultant ❑ Owner X Using Department
Design Professional ❑ Regulatory Agency(specify): ❑ Other(specify):
archasing Professional Participated in Negotiation of Change/Modification: ❑Yes ❑ No
Revised:5/16/12
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Approved by: Jack W.Wert Date: 6/25/13 7/9/2013 16.F.3.
Name and Title: Tourism Director
Review�d bv: Date:
Procurement Stra isl:s_Name:
Amok
Revised:5116/12
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CHANGE ORDER
CHANGE NO. 5 CONTRACT NO. 10-5541
BCC Date: 3/22/2011
Agenda Item: 10 B
TO: Paradise Advertising and Marketing, Inc.
150 Second Avenue N. Suite# 800
St. Petersburg, FL 33701
DATE: June 25,2013
PROJECT NAME: Tourism Marketing Services
PROJECT NO.: N/A
Under our AGREEMENT dated March 22, 2011
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement:
Up to $75,000 for marketing and promotion of Collier County as a business destination per the scope
of services attached with Paradise Advertising and Marketing, Inc..
FOR THE Sum of: $75,000
Original Agreement Amount $2,300,000
Sum of Previous Changes $1,500,000
This Change OrderAdds $ 75,000
Present Agreement Amount $3,875,000
The time for completion shall be increased or decreased by N/A calendar days due to this Change
Order. Accordingly, the Contract Time is now N/A calendar days. The substantial completion date is
N/A and the final completion date is N/A. Your acceptance of this Change Order shall constitute a
modification to our Agreement and will be performed subject to all the same terms and conditions as
contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance.
The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all
claims of the Contractor arising out of or related to the change set forth herein, including claims for
impact and delay costs.
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IN WITNESS WHF,REOF,the Contractor and the County have each, respectively, by an authorized person or
agent,hereunder set their hands and seals on the date(s) indicated below.
Accepted: 20
ATTEST: OWNER:
BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock, Clerk COLLIER COUNTY,FLORIDA
By:
Georgia A. Hiller,Esq., Chairwoman
CONTRACTOR:
Paradise Advertising&Marketing,Inc.
By:
Cedar Hames, CEO DEPARTMENT DIRECTOR:
By:
Bruce Register
Contractor First Witness
Print witness name
Contractor Second Witness
Print witness name
Approved as to form and
ality:
istant County Attorney
Name
0
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prod ij
A Strategic,Creative Communications,
Digital&Entertainment Company
Collier County Office of Business & Economic Development- Scope of Work:
• Deliverables:
o Market Position Planning:
• Name, Logo, Tag Line, Layouts for Online Ads and Email:
o Website:
• Web Design
• Website Development/Search Engine Optimization
• Website Hosting June— September 2013
• Mobile Site Development
• Social Media Platform Design (FaceBook, Twitter)
SUB TOTAL: $50,000
o Collateral Development:
• Electronic Newsletter Design — Partners:
• Electronic Newsletter Design — Site Selection Consultants
• Selling Piece/Flyer
• Content Development: Photography/Video
• For Website, E-newsletters, Online and Trade Advertising, Trade
Shows, Public Relations
o Account Management
o Round Table Research:
• Collier County business leaders
• Restaurant/In-Kind contributions
• Agency Time
SUB TOTAL: 25,000
TOTAL COST: $75,000
ParadiseAdvcom
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Contract#10-5541
"TOURISM MARKETING SERVICES"
THIS AGREEMENT, made and entered into on this .2..X dday of rvlib- h 20 I i ,
by and between Paradise Advertising and Marketing, Inc., hereinafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County,Naples,hereinafter called the"County":
WITNESSETH:
1. COMMENCEMENT. The Contractor shall commence the work on April 1, 2011. The
initial i-tut of the contract shall terminate on September 30,2012.The County may,at its
discretion and with the consent of the Contractor, extend the Agreement for two (2)
additional one (1) year periods. The County shall give the Contractor written notice of
the County's intention to renew the Agreement term not less than ten(10) days prior to
the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Contractor will provide the following services
including,but not limited to:
a) Develop for approval and implementation and counsel with the County on
advertising and marketing communications to meet the County's objectives and
budgetary limitations.
b) Develop for approval and implementation, and obtain prior written approval
from the County by.use of an Estimate or Insertion Order for all media and
production projects.
c) Plan and implement a strategic advertising and promotion program to include an
Emergency Advertising Plan and County museum promotional publicity,creative
art direction,copy writing,layout and production.
d) Create an annual marketing plan prior to the start of each fiscal year outlining
current situation,creative strategy,implementation schedule and measurement.
e) Develop collateral materials including brochures, newsletters, and direct mail,
including creative copy,layout and production.
f) Develop and implement website, Internet and social media marketing strategies
and advertising.
g) Maintain an office in Collier County staffed with a full-time Account Manager.
h) Supply the County with monthly reports reflecting agency activity and return on
investment,such as placement and inquiry reports.
i) Additional services may be added to this contract upon satisfactory negotiation of
price by the Contract Manager and Vendor.
2.1 ADVERTISING
Charges for advertising placed by the Contractor on behalf of the County will be billed
to the County in accordance with the negotiated rate(s) of the specified medium or
media. All charges for production, print and broadcast will be billed to the County
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upon receipt of all required documentation. Invoices will include the appropriate
documentation including tear sheets, approved Insertion Orders or Estimates and
media or production vendor invoices.
The Contractor will prepare and send to the County pre-approved adjusted media
invoices to account for insertion changes,short rates,circulation rebates and/or other
estimates and adjustments.
- The County agrees to assume full financial liability for properly authorized insertions
for advertising space and/or time placed on its behalf by the Contractor. However,
the Contractor shall assume payment liability for all insertions for which the
Contractor has received payment in full from the County.
In the event that a publication and/or station elects not to accept the Contractor's
standard insertion order which disallows liability for unpaid media charges, the
County agrees to provide the publication and/or station with written confirmation of
acceptance of this liability.
2.2 MATERIALS AND SERVICES
All charges for advertising production, photography, on-line, and social media
production design, printing, direct mail, audiovisual production services, marketing
research and museum promotional publicity will be estimated, authorized in writing
by the County and billed at cost on a project basis.
The County agrees to assume full financial liability for properly authorized services
initiated on its behalf by the Contractor.
County may modify, reject, cancel, or stop any and all plans, schedules, or work in
progress at anytime by delivering written notice. In this event,however, County will
retain sole liability for all commitments made by the Contractor prior to such action,
and reimburse Contractor for all of Contractor's charges and expenses for work begun
with County approval.
3. PAYMENT: Payment will be made upon receipt of a proper invoice and in compliance
with Chapter 218, Florida Statutes, otherwise known as the"Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an
appropriate amount of any payments for.work not performed or for unsatisfactory
performance of Contractual requirements.
3.1 TRAVEL AND REIMBURSABLE EXPENSES
Travel expenses shall be reimbursed in accordance with Collier County Resolution
2006-40 and.F.S. 125.0104. Travel mileage reimbursement is to be paid at the current
authorized rate.
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Reimbursable items other than travel expenses shall include, but not be limited to the
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following: actual telephone long-distance charges, actual fax charges, in office
photocopying charges at ten cents ($.10) per copy or actual photocopying charges if
done while traveling and actual postage and actual shipping charges. Reimbursables
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.
3.2 AGENCY FEE
For regular and emergency advertising,the County agrees to pay the Contractor a fee
of twenty-five thousand dollars ($25,000.00) per month based upon a total annual fee
of three hundred thousand dollars.($300,000.00) as consideration for all professional
time devoted to account administration, client meetings, strategic planning, media
planning,media negotiation,media placement,broadcast traffic and billing.All media
and production costs for regular and emergency advertising,including but not limited
to,creative and outside vendor costs up to two million dollars ($2,000,000.00)annually
will be billed to the County at net, so that the County receives any available agency
discount. Media or production billing over two million dollars ($2,000,000.00)
annually will be added by change order and will be billed at gross, reflecting a
Contractor commission of fifteen percent (15%). The Contractor fee will be billed on
the first day of each month beginning February 1,2011,with a pro-rated amount back
to the execution date of the contract.
Afoot
The museum advertising budget is currently fifty thousand dollars ($50,000.00) and
will be billed at gross,reflecting a Contractor commission of fifteen percent(15%).
All. charges for advertising, production, photography, on-line production design,
social media; printing, direct mail, audiovisual production services, marketing
research and museum promotional activity will be estimated and authorized in
writing by the Tourism Director or his designee and billed on a project basis at net
cost.Out of pocket expenses will be billed at net.
The agency will provide emergency pro bono publicity and public relations services,
up to six thousand dollars($6,000.00) in staff time. Additionally,the agency will make
publicity and public relations services over and above the emergency budget available
on an as-needed basis,estimated in advance on an Estimate Form and submitted to the
Tourism Director or his designee for prior written approval before expenses are
incurred.
3.3 PROFESSIONAL FEESJHOURLY BASIS: For estimating and billing purposes,
services will be billed at the rates on Exhibit A attached hereto and made a part hereof.
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if delivered by hand, fax, email or the United States Postal Services Department, first
class mail service,postage prepaid to the Contractor at the following Address:
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Cedar Flames,President
Paradise Advertising& Marketing,Inc,
150 Second Avenue North#800
St.Petersburg,FL 33701
Facsimile:727-822-3722
All Notices from the Contractor to the County shall be deemed duly served if delivered
by hand, fax, email or the United States Postal Services Department, first class mail -
service,postage prepaid to the County to:
jack Wert,Director
Collier County Tourism Department
2800 N.Horseshoe Drive
Naples,Florida 34104
Facsimile:239-252-2404
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.
5. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. 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. In 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.
7. 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. 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
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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.
8. OWNERSHIP OF DOCUMENTS:
County shall be the owner of all documents and materials produced pursuant to this
Agreement and Paradise Advertising &Marketing,Inc. shall not receive any additional
compensation for their use or reproduction by the County. The County shall be the
owner of and be in possession of all intellectual property created or furnished pursuant
to this Agreement, including,but not limited to drawings, layouts, photography, film,
video and printed documents,unless specifically exempted by the County.
9. 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 thirty (30) day written notice. The County shall be
sole judge of non-performance. Upon termination of this Agreement, Contractor will
bill the County for all amounts not previously billed and due Contractor at that time.
Contractor will not be entitled to payment for any advertisement if work on it
commenced after Contractor received notice of termination. Contractor will be entitled
to payment for services for advertisements commenced and approved for placement by
the County prior to receipt of such notice.
10. NO DISCRIMINATION.The Contractor agrees that there shall be no discrimination as
to race,sex,color,creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of$500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This' shall include Premises and Operations; Independent
Agency's;Products and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
Special Requirements: Collier County shall be Iisted as the Certificate Holder and
included as _an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Agency during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (10) days prior to any expiration date.
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There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall ensure that all sub contractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
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
attorneys'fees and paralegals'fees, 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.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Tourism Department.
14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: RFP#10-5541"Tourism Marketing Services",Contractor's Proposal,Insurance
Certificate,Addendum and Exhibit A,Hourly Rate Fee Schedule for Non-Routine Work.
15. 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. The approval of this Agreement is contingent upon a finding by the Collier
County Board of County Commissions that adequate funding exists for the purposes set
forth herein through approval of the annual Tourism Department budget. If Category "B"
tourist tax funds become unavailable in the future, no further funding under this contract
will be due to the Contractor and the County may terminate this Agreement in accordance
with section#9,"Termination".
16. COOPERATION: The Contractor shall fully cooperate with the County in all matters
pertaining to this agreement and provide all information and documents as requested by
the County from time to time. Failure to cooperate, as interpreted by the County, shall
constitute grounds for the County to impose sanctions that do not result in termination "
of this Agreement.
17. EMPLOYMENT OF CONTRACTOR PERSONNEL: During the term of this Agreement
and for a period of one (1) year following its termination, the County agrees not to hire
any employee (past or present) of the Contractor who worked on the County's account
while employed by the Contractor.
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18. AVAILABILITY OF RECORDS: The Contractor shall maintain all records, books, Amirk
documents, papers and financial information pertaining to work performed under this
agreement. The Contractor agrees that the County, or any of its duly authorized
representatives, shall, until the expiration of five (5) years after final payment under
this Agreement, have access to, and the right to examine and photocopy any pertinent
books, documents, papers and records of the Contractor involving transactions related
to this Agreement.
19. PROHIBITION OF ASSIGNMENT:The Contractor shall not assign,convey or transfer
in whole or in part its interest in this Agreement without the prior written consent of the
County.
20. 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 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 bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
21. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties 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.
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.
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22.KEY PERSONNEL/PROTECT STAFFING: The proposer's personnel and management to
be utilized for this project shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to insure that
competent persons will be utilized in the performance of the contract. Selected firm shall
assign as many people as necessary to complete the project on a timely basis, and each
person assigned shall be available for an amount of time adequate to meet the dates set
forth in the Project Schedule. Firm shall not change Key Personnel unless the following
conditions are met: (1) Proposed replacements have substantially the same or better
qualifications and/or experience. (2) that the County is notified in writing as far in
advance as possible. Firm shall make commercially reasonable efforts to notify Collier
County within seven (7) days of the change. The County retains final approval of
proposed replacement personnel.
23. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal and/or the
Contractor's Proposal, the Contract Documents shall take precedence. In the event of any
conflict between the terms of the RFP and the Contractor's Proposal, the language in the
RFP would take precedence.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above '
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
Dwi:ht' n•Drocicqerk k of Co
a y: Cf"4dik
B `%� •
5,at�,ftli L ' `f Fred W. Coyle,Chairman
!a
wprik- :., ,,•mot
f
r" `r .
Afif*o*I4itiPform and
legal S I i ncy:
Z?Ace../L__
A 'County Attorney
DEPUTY
SCOTT R. TEACH
Print Name
Contractor:
agie
PARADISE ADVERTISING &MARKETING,INC
✓� o �e.� By: t�.rti't,+` f1%P.4.--'
First Witness �
Signature
TT -/p/
/ Cedar Haines,President
o d Witness Typed signature and title
02 6- God arc.(
iType/print witness name?
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EXHITIB "A"
CONTRACT 10-5541 -TOURISM MARKETING SERVICES
RATE SCHEDULE
SERVICE 1 POSITION CCT RATE/HOUR NOTES
Director Strategic Planning $300.00 Included in fee
Brand Development Director $300.00 Included in fee
Director of Account Service $250.00 Included in fee
Account Supervisor $175.00 Included in fee
Account Manager $150.00 Included in fee
Account Executive $125.00 Included in fee
Account Coordinator $100.00 Included in fee
Media Director/Planner $200.00 Included in fee
Media Buyer $150.00 Included in fee
Media Coordinator $100.00 Included in fee
Administrative Services $50.00 Included in fee
Accounting Manager $125.00 Included in fee
Traffic $100.00 Included in fee
Research-In house Director $200.00 Included in fee
Research-In house Coordinator $100.00 Included in fee
Creative Director $250.00
Associate Creative Director $200.00
Senior Copywriter $175.00
Copywriter $150.00
Designer $175.00
Senior Art Director $175.00
Art Director $150.00
Broadcast Production Supervision $200.00
Production Supervisor-Print $150.00
Production Supervisor-Digital $175.00
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SERVICE f POSITION CCT RATE/HOUR NOTES
oat
Production Coordinator $100.00
Proofreading $100.00
In-house Video Services $200.00
In-house Photograph Services $200.00
In house Audio Services $200.00
Public Relations Director $200.00 Covered under fee up to$6,000 in PR time
Public Relations Account Manager $150.00 Covered under fee up to$6,000 in PR time
Public Relations Account Executive $125.00 Covered under fee up to$6,000 in PR time
Public Relations Writer $150.00 Covered under fee up to$6,000 in PR time
Public Relations Coordinator $100.00 Covered under fee up to$6,000 in PR time
Director of Diversity Marketing $200.00
Digital Services Director $200.00
Digital Strategist/Research $150.00
Digital Production Supervision $175.00
Digital Coordinator $125.00
Data Entry Specialist $100.00
Search Engine Optimization $150.00
Digital Production Developer $200.00
Director of Mobile Development $250.00
Social Media Marketing Director $175.00
Social Media Marketing Coordinator $125.00
The Agency will present written estimates for client approval for any costs being incurred.
All out-of-pocket costs will be billed at net. The Agency billing invoices will include a copy of the signed
estimate and all vendor invoices. Cost will not exceed the original signed estimate unless revised with written
approval from the client. All cost savings will be passed on to the client.
II
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