Agenda 07/28/2009 Item #16F11it 'i i 1�4o. i6F I I
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves Change Order #3 on
Contract 06 -4007 with Paradise Advertising and Marketing, Inc. for up to $918,000 in
additional billing at gross in accordance with their agreement with Collier County and
authorizes the Chairman to execute the Change Order.
OBJECTIVE: Approve Change Order #3 for additional expenditures of up to $918,000 with
Paradise Advertising and Marketing, Inc. above the agreed $2,000,000 level at gross rate.
CONSIDERATIONS: The First Amendment of the agreement with Paradise Advertising and
Marketing, Inc. dated October 9, 2007 (attached) indicates a monthly service fee in the amount
of $25,000 ($300,000 annually). This service fee covers the standard agency commission of 15%
on all media and production costs for regular and emergency advertising up to an aggregate of
$2,000,000 annually. The agreement further stipulates that media or production billing for
regular and emergency advertising over an aggregate of 82 million annually will be added by
change order and will be billed by Paradise Advertising and Marketing, Inc. at gross, reflecting a
commission of 15 %. The approved Tourism Department FY 09 budget for marketing and
advertising is $2,400,000 so some of the additional expenditures with this action are pre -
authorized in the FY 09 budget as approved by the County Commission.
Paradise has billed $1,688,216.1.9 to date for media and production with another $311,783.81
committed but not yet billed by Media Insertion Orders and approved Production Estimates for a
total paid or committed to date of $2,000,000. The agency is projecting the expenditure of an
additional $918,000 in media and production for a total of 82,918,000 billed to the end of the
current fiscal year ending September 30, 2009.
ADVISORY COMMITTEE RECOMMENDATIONS: The TDC recommended approval of
the additional billing in a 9 -0 vote at the June 22, 2009 meeting.
COUNTY ATTORNEY FINDING: This item has been reviewed by the County Attorney's
Office, requires majority vote, and is legally sufficient for Board action. — CMG
FISCAL IMPACT: The additional 8918,000 is available in the approved FY 09 marketing and
promotion budget in Fund 184 and Fund 196.
RECOMMENDATION: That the Board of County Commissioners approves Change Order #3
on Contract 06 -4007 with Paradise Advertising and Marketing, Inc. for up to $918,000 in
additional billing at gross retecting the standard agency commission of 15°"o' and authorizes the
Chairman to execute the Change Order.
PREPARED BY: Jack Wert, Tourism Director
Pa;_re I of I
COLLIER COUNTY
50 4. P D CF -- 0 U N T Y Cr1E PA!SS'ICNERS
Item Number: ",6F11
Item Summary: Recommendation that the Board of County Commissioners approves Change Order #3 on
Contact 06 -4007 with Paradise Advertising and ttt;arketing, inc. for up to $918.000 in
additional billing at Gross in accordance with their agreerrert with Collier County and
authorizes the Chai,-rar to execute the Chancre Order.
Meeting Date: 71261?D09 _00 00 AM
Prepared By
.tack Wert Tourism Director Date
County rp anager's Office Tour srn 7 1412069 4:12:17 PM
Approved By
Colleen Greene Assistant County Attorrer Date
County Attorney COLInty Attorney Office 7115/2009 16: 3 3 ACV{
Approved By
jack Wert Tourism Director Date
County 14anager's Office Tourism 71151200t? 16:51 AM
Approved By
.tsv e Carvell
Purchasing/General Sv , Director
Date
Adr~rirt!strative Servi es
PUrC IaSi"1.^
fit q12 na ?: 59 AM
Approved By
L,4 n VVDod
Furcilasirtg Anc -nt
Date
Administrative Services
Furci-.asing
7/1612009 8:43 A10
Approved By
Jeff K!atzko%)v
County Attorney
"date
County Attorney
County Attorney k7 ;ffi -e
Approved By
OMEZ Coordinator OME Coordinatr,r Date
county Of lc� O':,ce of & Budv t r (1'20 3 i2:48 PM
Approved By
C;ttr':ty Marta, C—:"S Of iCe t.ifr. �` r41?6. t,lent r 4i a.E't t. ! ,.l ✓.�' ?.,55 PIM
Approved By
Leo E. �DChs, Jr. DCOLAV COUntV r n -T,-.r Date
z }Brd, of C :itt
County Wa a- -. , .. ` iC 17 :2:' S -:iii P14
Cori m -j ssiof:ers
file: / /C:AALrendaTest \Ext)ort \l �')3- .Iuly% 2028_°/, 202009 \I6_()1'02O('ONSF,NT %,?OAC,FNnA \1 __ 7/220009
1
FIRST AMENDMENT
2006 TOURISM MARKETING SERVICES AGREEMENT (CONTRACT 406 -4007)
BETWEEN COLLIER COUNTY AND PARADISE ADVERTISING AND MARKETING,
INC.
This First Amendment to the 2006 Tourism Marketing Services Agreement, made this 9 k-
day of Oc.f 6cr- , 2007, (hereinafter referred to as "First Amendment "). is entered into by
and between the Board of County Commissioners of Collier County. Florida (hereinafter referred to
as "COUNTY "), and Paradise Advertising and Marketing, Inc. (hereinafter referred to as
"CONTRACTOR ").
WITNESSETH:
WHEREAS, the COUNTY and CONTRACTOR entered into a 2006 Tourism Agreement
dated October 10, 2006 ("the "Agreement ") with CONTRACTOIL and
W'FIEREAS, the COUNTY and CONTRACTOR desire to further amend the terms of the
Agreement.
NOW, THEREFORE, in consideration of valuable consideration and the premises and
mutual covenants hereinafter set forth, the parties agree as follows:
1. Section 4 of said Agi-eemcnt is hereby deleted in its entirety and the following
paragraph is inserted in its place:
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 The: -,sand 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 emcmencv advcnisirig. including but not limited to, creative and
outside vendor costs up to an aggregate of 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 for regular and emergency advertising over an
aggregate of Two Million. Dollars ($2,000,000.00) annually will be added by chanuc order
and will be billed at cross, reflecting a commission of fifteen percent (15' ° -o) payable to
Contractor. The Contractor fee will be billed on the first day of each month beginning
October 1, 2006.
The County Muscum advertising budget is One Hundred Twenty Thousand Dollars
($120,000.00) and will be billed at gross, reflecting a Contractor commission of fifteen
percent (I 51,o).
A I I. charges '-r au'velliSn��, i)roduulion, photo- raphv, on -line production design, printing
direct mail, audiovisual production services, marketing research and museum promotional
activity will be estimated by the Contractor and authorized in writing by the Tourism
Director or his designee and billed on a project basis. Out -of pocket expenses will be billed
at net.
The Contractor agrees. if requested by the County, to provide emergency pro bono publicity
and public relations services, up to Six Thousand Dollars ($6.000.00) in staff time on an
atmual basis. Additionally, the Contractor will make publicity and public relations —ices - -- {
over and above the emergency budact available on an as- needed basis, estimated in advance
i)n _in c s t tmate form and subnti teed to the T.`,... ni L)Iree« Or 1tiS de5l nCe ti �r pr76r w
7litcri
approval before expenses are incurred.
F
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their duly authorized officers and their official seals, hereto affixed the day and year first written
above.
1�12,ao7
DA F: BOARD OF COUNTY COMMISSIONERS
A "ES: ..... COLLIER COUNTY, FLORIDA
DICT'. BQC Clerk
31
_ By: ACOLETTA. w.iyy,y��I Clerk JA Chairman
Y,SF i( "A'1 v o C4 1 g
Approved as to form and
legal sufficiency:
Heidi Ashton- tcko
Assistant County Attorney
WITNESSES:
Signature � -' �
Printed.7vped Name LJ
(2)
Sra (natut�
Printed /Typed Name
C117D, 01 ' Amend 2007 Paradise Advertising S Mark-eting, [nc.
CONTRACTOR:
PARADISE ADVERTISING AND MARKET
INC.
CEDAR HAM ES,�President
M 1q 0. 1 F 1
Ji'y' vn. }'1
vi
Re- VI'scd 1-d1-0
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Tourism Marketing Services PROJECT #: n/a
BIDIRFP #: 06 -4007 MOD #: 4 PO#: 4500099687 WORK ORDER #: N
DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: Paradise Advertising and Marketing
Original Contract Amount: $ 2.350,000
(Starting Point)
Current BCC Approved Amount: $ 3,738,836
(Last Total Amount Approved by the BCC)
Current Contract Amount: $ 3,738,8366
(Including All Changes Prior To This Modification)
Change Amount: $918,000
Revised Contract/Work Order Amount $ 4,656,836
(Including This Change Order)
Cumulative Dollar Value of Changes to
this Contract/Work Order. i 156;$58 3 O6 r ��
Date of Last BCC Approval 6/9/09 Agenda Item # 16F2
Percentage of the change overfunder current contract amount 25
Formula: (Revised Amount ;Last BCC approved amount) -1
CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: onaoina
This change order will: ❑ Add a new Task for #_918.000 ❑ Increase Task Number by
$
Other
Describe the change(s):
Additional expenditures of up to $918,000 to fund the tourism department summer marketing campaign at gross
amount as follows:
Media and production costs: up to $918.000
Total: $918,000
Specify the reasons for the change(s) f% 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity
Adjustments r` 4. Correction of Errors (Plans, Specifications or Scope of Work) r' 5. Value Added
r' 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s).
Identify all negative impacts to the project if this change order were not processed: Funds are necessary for the
summer marketing campaign since previous funding for the campaign was utilized for first quarter advertising at
the directlon of the TDC and Board of County Commissioners
This change was requested by: r7iContractor /Consultant 1771 Owner n Using Department r ODES
[!Design Professional rlRegulatory Agency (Specify) ► Other (Specify)
CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r' Yes No
This form is to be signed and dated.
Revised 6 18 09
3
This form is to be signed and dated.
APPROVED BY:
Project Manager
REVIEWED BY: Date:
ContrXffl 8ialis't
Revised 6 18 09
Date: 7/15109
o.
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CHANGE ORDER
CHANGE ORDER NO. 3
TO: Paradise Advertising and Marketing
150 Second Avenue North 9 800
St. Petersburg FL 33701
CONTRACT NO. 06 -4007
BCC Date: 10/10/06
Agenda Item: I OG
DATE: 7!9/09
PROJECT NAME: Tourism Marketing Services
PROJECT NO.: N/A
Under our AGREEMENT dated October 10. 2006
You hereby are authorized and directed to make the following change(s) in accordance with terms and
conditions of the Aureement:
Additional expenditures of up to $918,000 to fund the tourism department summer marketing campaign at gross
amount as follows:
Media and production costs: up to $918,000
Total: $919,000
FOR THE (Additive) Sum of: Nine hundred eighteen thousand dollars ($ 918,000 ).
Original Agreement Amount
Sum of Previous Changes
This Change Order adds
Pr PCPiIY A or.—F -m Pnt Amount
$ 2.3 50.000
$ 1.388.836
$ 918.000
$ 4.K 26.836
The time for completion shall be increased by 0 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.
CHANGE ORDER
JULY 28, 2009
Page 2 of 2
Accepted: 7/// 20�_
CONTRACTOR.
Paradise Advertising and Marketing
Cedar Flames, President
ATTEST:
Dwight E. Brock, Cleik
By:
Approved As To Form
and Legal Sufficiency:
Asunt County �-Attorney -
--j,,J I y 28. 2 0,"'1 9
r,a,)e o 0
OWNER:
BOARD OF COUNTY COMbUSEMNM
Of COLLIM COUNTY, FWRI]DA.
By.
Drama Fiala, Cb6nrum
i