Agenda 07/26/2011 Item #10D7/26/2011 Item 10.D.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign Change Order
#1 to Contract # 10 -5541 with Paradise Advertising and Marketing, Inc. for up to
$800,000 in additional media and production billing at gross in accordance with
their agreement with Collier County.
OBJECTIVE: Recommend approval of Change Order #1 to the Tourism Marketing Services
Contract with Paradise Advertising and Marketing, Inc.
CONSIDERATIONS: On December 14, 2010, agenda item17C, the BCC adopted Ordinance
2010 -44 providing for a $1 million allocation from Beach Park Facilities Fund 183 to be used for
enhanced tourism destination marketing. In the December 14, 2010 executive summary staff
recommended that $800,000 of the allocated funds be used to for enhanced Winter, Spring &
Summer advertising and promotion. To accomplish this Staff is recommending that change
Order #1 to the Tourism Marketing Services Contract with Paradise Advertising and Marketing,
Inc. be approved.
The current agreement with Paradise Advertising and Marketing, Inc. was approved by the
Board on March 22, 2011, agenda item 10B (attached). The fee structure is cost plus fixed fee
for the first $2 million annually in net media and production costs. The annual fixed fee for
professional account administration, planning, media placement, broadcast traffic and billing is
$300,000. Actual net media and production costs are currently at the $2 million threshold. Per
the agreement media or production costs over $2 million for FY 11 will be billed by Paradise
Advertising and Marketing, Inc. at gross, reflecting a standard agency commission of 15 %.
The recommended amount of Change Order #1 is $800,000 as discussed in the December 14,
2010 Executive Summary. The additional funding will be used to provide an enhanced winter
destination marketing and advertising campaign in New York and Chicago, an expanded spring
and summer marketing in Florida and expanded digital and on -line marketing efforts in targeted
cities.
FISCAL IMPACT: Sufficient budget exists in Tourism Marketing and Promotion Fund 184 to
approve this change order in an amount up to $800,000.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended
approval (5 -1) of Change Order #1 at the June 27, 2011 meeting.
LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's Office,
requires majority vote, and is legally sufficient for Board action. — CMG
RECOMMENDATION: That the Board of County Commissioners approves Change Order #1
to Contract #10 -5541 with Paradise Advertising and Marketing, Inc. for up to $800,000 in
additional billing at gross in accordance with their agreement with Collier County and authorizes
the Chairman to sign the Change Order.
PREPARED BY: Jack Wert, Tourism Director
Packet Page -708-
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.D.
7/26/2011 Item 10.D.
Item Summary: Recommendation to approve and authorize the Chairman to sign Change
Order #1 to Contract # 10 -5541 with Paradise Advertising and Marketing, Inc. for up to
$800,000 in additional media and production billing at gross in accordance with their
agreement with Collier County. (Jack Wert, Tourism Director)
Meeting Date: 7/26/2011
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
7/13/2011 3:35:45 PM
Submitted by
Title: Director - Tourism,Tourism
Name: Werdack
7/13/2011 3:35:46 PM
Approved By
Name: Werdack
Title: Director - Tourism,Tourism
Date: 7/13/2011 9:48:36 PM
Name: WoodLyn
Title: Contracts Specialist.Purchasing & General Services
Date: 7 /14/2011 8:36:25 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services.Purchasing
Date: 7/14/2011 11:09:35 AM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 7/14/2011 423:11 PM
Packet Page -709-
Name: KlatzkowJeff
Title: Countv Attorney,
Date: 7/15/2011 3:55:27 PM
Name: FinnEd
Date: 7 /20/2011 12:18:31 PM
Name: IsacksonMark
7/26/2011 Item 10.D.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 7/20/2011 1:34:32 PM
Packet Page -710-
C €' C NOMY
AdMn=tive yen S C SIM
?urnas,ng
[D Contract C
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hangs, Request
7/26/2011 Item 10.D.
Purchasing Department
Change Modification Form
� 1
❑ Work Order Modification
Contract #. 10-
Mod #:
I POlWork Order #:
Project Name:
554"
—$2 ,30
4500127415
Tourism Marketing Services
Project #:
Project Manager:
I Department:
Contractor /Firm Name.
I A
—rte,. ,- i : , 7"
Tourism
Paradise Advertising and Marketing, Inc
Original Contract /Work Order Amount
$2,300,000
3122/11
Original BCC Approval Date: Item # 10A
Current BCC Approved Amount
—$2 ,30
` n,'a
Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount
$2,300,000
$800,000,00
34.78%
Total Change from Original Amount
Dollar Amount of this Chanae
Revised Contract/Work Order Total
F $3,100.000.00
34.78%
Change from Current BCC Approved Amount
I 5800.000.00
34.78%
Chance from Current Amount
Completion Date, Description of the Task(s) Change, and Rationale for the Change
Original notice to proceed Last approved completion date: n/a Revised completion date (includes this
completion date change) n/a
Number of days added (if explain why additional days are needec (aetaiied /specific;:
extension, must attach current
insurance certificates) from SAP n/a
or obtain from vendor):
Add new task(s) Change task(s) Delete task(s) X Other (specify):
Additional funding approved by
BCC on 12/14/10
1. Provide a detailed and specific explanation of the requested change(s) to the task(s):
Up to $800.000 for an enhanced winter destination marketing and advertising campaign in New York and Chicago,
expanded spring and summer marketing in Florida and for expanded digital and on -line marketing efforts in targeted cities_
2. Provide detailed rationale for the requested change: Funding for additional destination marketing and advertising
was recommended to the County Commission by the tourism industry and by area advisory organizations for the lodging
industry, museums, Chambers of Commerce, Coastal Advisory Committee.. Parks & Recreation Advisory Board and the
Tourist Development Council. The County Commission approved this additional funding by way of an Ordinance change
in December 14. 2010
3. Provide explanation why change was not anticipated in original scope of work: Additional funding for destination
marketing and advertising was not approved or anticipated at the time the current agreement with Paradise Advertising
and Marketing. Inc was originally drafted.
4. Describe the impact if this change is not processed: Processing of a Change Order if billing for media ana
production exceeds $2.000.000 during the fiscal year is stipulated in the agreement between Collier County and
Paradise Advertising and Marketing, Inc. This Change Order authorizes Paradise Advertising to bill at gross, reflecting a
standard advertising agency commission of 15% on the amounts over $2.004.000 as approved by the County
Commission on December 14. 2010.
Type of Change / Modification
1. Planned / Elective x 2. Unforeseen conditions /circumstance LJ 3 Ouannty or price aolustmem
–�— - J 5. Value addeC LI g, xneuuc auivau ucni
i 4 Correction of error(s) � __...
Packet Page -711-
Jam,
Revised 4/6/11
1
Change Requested By
Owner
7/26/2011 Item 10.D.
I Purchasing Protessional Participated in Negotiation of Chanqe i Modification: 7 Yes No
Date 711211
Approved b J w�wv
1
Approved y
Name and Title: Jack Wert, Tourism Director
asino Professionals Name:
Packet Page -712-
Date. f —,p ,
Re"sed 416/11
7/26/2011 Item 10.D.
CHANGE ORDER
CHANGE ORDER NO. 1 CONTRACT NiO. —I �al
BCC Date: 3l2 ^12011
Agenda Item: 10A
TO: Paradise Advertisim> and MarketmL, Inc.
I SO Second Ave N Ste 800
St. Petersbura. Fl- 33701
DATE:
PROJECT NAME: Tourism Marketing Services
Under our AGREEMENT dated March'__ . 20 11
You hereby are authorized and directed to make the following changei sj in accordance with terms and
conditions of the Agreement:
Up to $800,000 for an enhanced winter destination marketing and advertising campaign in New York and
Chicago, expanded spring and summer marketing in Florida and for expanded digital and on -line marketing
efforts in targeted cities.
FOR THE (Addit ve) Sum of: Eight hundred thousand dollars ($_800.000
Original Agreement Amount
Sum of Previous Chanties
This Change Order add
Present Agreement Amoun:
$ 1300.000
S 800.000
$ 3.1OD.000
The time for completion shall be (increase or decrease) by _rya calendar days due to this Change
Order. Accordingly, the Contract Time is now ni ) 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 fulh as if the same were repeated
in this acceptance. The adjustment. if am.. to the Agreement shall constitute a full and final settlement of an%
and all claims of the Contractor arising out of or related to the change set forth herein. including claims for
impact and delay costs.
Packet Page -713-
7/26/2011 Item 10.D.
Date:
ATTEST: ONV\ LR:
BOARD OF COUNTY CONJMISSIONERS
Dwight E. Brock, Clerk OF COLLIER COUNTY. FLORIDA
Bl:
CONTRACTOR:
Paradise Advertimne and Marketing. Inc.
B� :
Cedar Fames. President
AKroved Su To Form
Su
eeai fflcicncr:
mt Name
Assistant County Attorney
BY:
Fred W. Coyle. Chairman
Packet Page -714-
f
7/26/2011 Item 10.D.
Contract # 10 -5541
"TOURISM MARKETING SERVICES"
THIS AGREEMENT, made and entered into on this �2�day of 1Mn. -rjh • 20± 1
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 term 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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7/26/2011 Item 10.D.
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.
2
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7/26/2011 Item 10.D.
Reimbursable items other than travel expenses shall include, but not be limited to the
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.
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 FEES/HOURLY 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:
I
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7/26/2011 Item 10.D.
Cedar Hames, 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 anv manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of anv 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
4
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7/26/2011 Item 10.D.
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.
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 listed 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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7/26/2011 Item 10.D.
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.
6
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7/26/2011 Item 10.D.
18. AVAILABILITY OF RECORDS: The Contractor shall maintain all records, books,
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.
7
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7/26/2011 Item 10.D.
22. KEY PERSONNELIPROJECT 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.
8
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7/26/2011 Item 10.D.
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.
fix. -1W
m St F75 rTOP, erk of Co
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oved -ai dWform and
As ' ounty Attorney
DEPUTY
SCOTT R. TEACH
Print Name
(7ays� ✓v �o�
First Witness
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: 'J'uk W
Fred W. Coyle, Chairman
Contractor:
PARADISE ADVERTISING & MARKETING, INC.
Cedar Harries, President
Typed signature and title
8
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7/26/2011 Item 10.D.
EXHITIB "A"
CONTRACT 10 -5541- TOURISM MARKETING SERVICES
H
Packet Page -724-
RATE SCHEDULE
SERVICE I POSITION
CCT RATF,/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
H
Packet Page -724-
7/26/2011 Item 10.D.
SERVICE I POSITION
CCT RATEJHOUR
NOTES
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
Digital5trategist /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,
11
Packet Page -725-
7/26/2011 Item 10.D.
* Paradise
March 4, 2010
Mr. Jack Wert
Executive Director
Naples Marco Island Everglades CVB
2800 N. Horsehoe Drive
Naples, FL 34104
Dear Mr. Wert,
It has been the policy of Paradise Advertising and Marketing, Inc. to charge
clients a 2% materials fee on creative /production jobs. This 2% fee is to cover
out -of- pocket costs for paper and other art supply out -of- pocket costs. Although
the Naples Marco Island CVB has never been billed or paid the 2% fee, this
letter is to officially waive that cost. Please let me know if you have any
additional questions.
Best regards,
Cedar Harries
President, Paradise Advertising and Marketing Inc.
c," ce_cea Ave • 5 800 • tL Petersbxm, H ].I!T
727:. 5Z1 5'.55 . F »c :1127i 822 +;22
Packet Page -726-
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Packet Page -729-
7/26/2011 Item 10.D.
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 92-60, as
amended, (Tourist Development Tax) to reallocate on a one -time basis $1,000,000
from TDC Category "A" Beach Park Facilities Fund 183 to Tourism Promotion
Fund 184 for tourism destination marketing and authorize all necessary budget
amendments.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached
Ordinance amending Ordinance No. 92 -60, as amended, for a period of one year in order
to use Category "A" — Beach Park Facilities funds for tourism destination marketing
purposes.
CONSIDERATIONS: At the July 26, 2010 Tourist Development Council (TDC)
meeting there was a review of the Tourist Development Tax Ordinance 2005 -43, and the
Beach and Beach Park Facilities BCC Policy approved on October 25, 2005, for possible
reallocation to enhance destination marketing. One of the considerations was the use of
potential Category "A" (Beach and Inlet Management and Beach Park Facilities) for
destination marketing purposes. That recommendation was discussed by the Board on
July 27, 2010, and staff was directed to review this issue with the various community
stake holder groups.
This one -time infusion of tourist tax dollars will enable tourism staff to extend
temporarily the destination marketing message to a more year -round approach. Visitors
contribute tax revenue and spend their money in our community and help to support all of
our tourist development tax uses. Without it, our market share of visitors is easily eroded
by competing destinations during those times of year when we are not actively marketing.
In the first three calendar quarters of 2010, an additional $1 million, transferred from
Beach Renourishment Reserves Fund 195, was invested in advertising, public relations
and promotions. The return on investment through July, 2010 has been $20.65 in new
visitor spending for each dollar invested in those destination marketing efforts.
As recommended by the Board, staff met with the following stakeholder groups
concerning that convened and discussed the use of Category A Beach Park Facility
dollars (Fund 183). Endorsements and recommendations as noted below:
• Tourist Development Council (TDC), July 26 - Recommended approval (7 -1)
• Coastal Advisory Committee (CAC), August 12 - Recommended Approval (5 -2)
• Friends of the Collier County Museums, August 12 - Favorable discussion, no
formal recommendation made
• Collier Hotel & Lodging Association, August 17 - Unanimous Board approval
• Parks & Recreation Advisory Board (PARAB), August 18 - Unanimous approval
(4 -0)
• Marco Island Chamber of Commerce, August 19 - Unanimous approval
• Naples Chamber of Commerce Public Policy Committee, August 20 - Unanimous
approval
Packet age -730-
7/26/2011 Item 10.D.
Page 2 of 7
The reallocated funds would be used to expand and enhance destination marketing as
follows:
Enhanced 2011 Winter, Spring & Summer Advertising and Promotion: $800,000
(Jan-March in Northern Markets & April- August in Florida Markets)
Continue Visitor Center Coordinator (co -op with Naples Chamber): 50,000
Additional Familiarization Trips and Group Event Sponsorships: 25,000
Expanded Public Relations Efforts: 50,000
Domestic & International Web Site Enhancements: 50,000
Enhanced Return on Investment Research: 25,000
TOTAL: $1,000,000
The Board reviewed the proposed reallocation at its September 14, 2010 regular meeting
(Item IOB) and authorized staff to advertise the amending Ordinance for future
consideration.
ADVISORY BOARD RECOMMENDATIONS: Each advisory board recommendation
as indicated above related to the short term solution to reallocate $1,000,000 from Beach
Park Facilities Fund 183 to Tourism Promotion Fund 184 for destination marking for one
year.
FISCAL IMPACT: $1 million is available in Fund 183, Beach Park Facilities for
transfer to Tourism Promotion Fund 184 for one year to be used for enhanced destination
marketing.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan from this action.
LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the Office of
the County Attorney and is legally sufficient for board action. A super - majority vote is
required. - CMG
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance amending Ordinance No. 92 -60, as amended, (Tourist Development Tax) in
order to reallocate for a period of one year $1,000,000 from TDC Category "A" Beach
Park Facilities Fund 183 to Tourism Promotion Fund 184 for use in tourism destination
marketing and authorize all necessary budget amendments.
SUBMITTED BY: Jack Wert, Tourism Director
Packet Page -731-
7/26/2011 Item 10.0.
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 17C
Item Summary: Recommendation to adopt an Ordinance amending Ordinance No 92 -60.. as amended.
(Tourist Development Tax) to reallocate on a one -time basis $1,000,000 from TDC Category
A Beach Park Facilities Fund 183 to Tourism Promotion Fund 184 for tourism destination
marketing and authorize all necessary budget amendments.
Meeting Date: 12/14/2010 9:00:00 AM
Prepared By
Jack Wert
Director - Tourism
Date
Tourism
Tourism
11/18/2010 1:00:34 PM
Approved By
Colleen Greene
Assistant County Attorney
Date
County Attorney
County Attorney
1111812010 1:48 PM
Approved By
Jack Wert
Director - Tourism
Date
Tourism
Tourism
111291201012:20 PM
Approved By
Jeff Klatzkow
County Attorney
Date
121112010 9:19 AM
Approved B}'
OMB Coordinator
Date
County Manager's Office
Office of Management 8 Budget
121312010 12:42 PM
Approved By
Therese Stanley
Manager- Operations Support - Trans
Date
Office of Management §
Budget
Office of Management & Budget
121312010 2:00 PM
Approved By
Leo E. Ochs. Jr.
County Manager
Date
County Managers Office
County Managers Office
121512010 8:57 PM
Packet Page -732-
7/26/2011 Item 10.D.
4 of 7
ORDINANCE NO. 2010 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
92 -60, AS AMENDED (THE COLLIER COUNTY TOURIST
DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION
THREE — USES OF TAX REVENUES, IN ORDER TO REALLOCATE
$1,000,000 OF THE ANNUAL FUNDS SET ASIDE FOR CATEGORY
"A" BEACH PARK FACILITIES FUND 183 FOR TOURISM
DESTINATION MARKETING FOR A PERIOD OF ONE YEAR;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option
tourist development tax by any county; and
WHEREAS, on August 18, 1992, the Board of County Commissioners (Board)
adopted Ordinance No. 92 -60, which levied and imposed a 2% tourist and development tax
throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as
amended; and
WHEREAS, through adoption of Ordinance No. 95 -56 and Ordinance No. 2005 -43,
the Board levied an additional 3rd and 4`h percent tourist development tax; and
WHEREAS, on November 10, 2009, the Board adopted Ordinance No. 2009 -58 which
for a period of one year, or until November 10, 2010, reallocated certain tourist development
tax revenues for use in tourism destination marketing; and
WHEREAS, the Board, by an extraordinary vote, desires to again amend the uses of
tax revenue and the tourist development plan for a single year only; and
WHEREAS, the proposed amendments were presented to and approved by the Collier
County Tourist Development Council.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92 -60,
AS AMENDED.
Section Three is hereby amended by adding a new subsection (a)(6) to read as follows:
Words Underl are added; Words Stmek Pveu are deleted.
Pon. 1 nf1
Packet Page -733-
7/26/2011 Item 10.D.
— page 5 of 7
Section Three - Uses of Tax Revenues.
a) The tax revenues received pursuant to this division shall be used to fund the countv
tourist development plan, which is hereby amended as follows:
(6) The sum of $1,000,000 annually allocated for Category "A" - Beach Park
Facilities Fund 183 shall be reallocated to Fund 184 to be used for destination marketinp for a
period of one year from enactment of this amendment, at which time this provision will expire
and be of no further force or effect unless further extended by the Board of Countv
Commissioners,
(64L71 The above and foregoing tourist development plan may not be substantially
amended except by ordinance enacted by an affirmative vote of a majority plus one additional
member of the Board of County Commissioners.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or relettered to accomplish such, and the word 'ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Words Underlined are added; Words gwaek Threegk are deleted.
P..P') of 7
Packet Page -734-
7/26/2011 Item 10.D.
Page o of 7
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of
County Commissioners of Collier County, Florida, this _day of , 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Approved as to form
�crd�egal sufficiency:
e6lleen M. Greene
Assistant County Attorney
FRED W. COYLE, CHAIRMAN
Words Underlined are added; Words Stwek- :'hreugi, are deleted.
o--- z ..r l
Packet Page -735-
7/26/2011 Item 10.D.
Paae 7 of 7
20D 6 Friday, December 3, 2010 * Naples Daily News
ORDINANCE PETITIONS 0 ORDINANCE PETITIONS
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on December 14, 2010 in the Boardroom, 3rd Floor, Ad-
mini¢tration Building, Collier County Government Center, 3299 East Tamiami Trail,
Na'Ies, Florida, the Board of County Commissioners will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M. The title of the pro-
posed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUW
TY, FLORIDA, AMENDING ORDINANCE NO. 9260, AS AMENDED (THE COLLIER
COUNTY TOURIST DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION
THREE - USES OF TAX REVENUES, IN ORDER TO REALLOCATE S1,DDO,DOO OF THE
ANNUAL FUNDS SET ASIDE FOR CATEGORY "A" BEACH PARK FACILITIES FUND 183
FOR TOURISM DESTINATION MARKETING FOR A PERIOD OF ONE YEAR; PROVIDING
FOR CONFLICT AND SEVERABILUY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any @em. The selection of an in-
dividual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the resppective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
Proceedings pertaining thereto and therefore, may need to ensure that a' verbatim
record of the proceedings is mace, which record includes the testimony and evi-
dence upon which the appeal is based
If you are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment located at 3335 Tamiami Trail East, Building W, Suite rt1D1, Naples, Florida
34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are avail-
able in the County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
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