#07-4175 (BCF of Florida, Inc.)
16F 2 '~
A G R E E MEN T #07-4175
for
Collier County Tourism Department Public Relations Assistance
THIS AGREEMENT, made and entered into on this 21'11- day of '171-t<-f /V!-{. ~ A...J
2007, by and between BCF of Florida, Inc., authorized to do business in the State of Florida,
whose business address is 240 Business Park Drive, Virginia Beach, Virginia 23462 hereinafter
called the "Consultant" and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on
the date of approval by the Board of County Commissioners, and terminating twenty-
four (24) months thereafter.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Consultant 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. STATEMENTOFWORK. The Work will be to create and implement an effective
media relations strategy that will include, but not be limited to, the following:
. Introduce and develop a positioning strategy for the Naples, Marco Island, and
Everglades - Paradise Coast destination where appropriate to national, local and in some
cases international media outlets, writers, publications and broadcast organizations
covering the travel (particularly upscale travel), lifestyle, meetings, food &wine and
other appropriate topic areas.
. Identification of a key message topic at least monthly for which an effective news
release will be developed and distributed by the Consultant, highlighting appropriate
examples within the destination.
. Public Relations activities will, depending on budget, focus on the creation of one
destination event per calendar year to inform key travel media about what's new and
newsworthy in Naples, Marco Island and the Everglades. Each event will be
appropriately themed and targeted to attract top tier media. Destination partners that
fit with the event theme will be provided with an opportunity to participate in these
events in some fashion to be determined. Due to budget considerations, this activity
may commence in year two of the agreement at the discretion of the County.
Page I of8
16F2 \1
. Destination public relations efforts will center on "big picture" messages and news,
but will necessarily involve the mention and promotion of individual resorts, hotels,
attractions, tour operators, retail establishments, restaurants, museums, and other
attractions as appropriate to effectively illustrate the message. The Consultant will
assist the CVB with researching and compiling new and newsworthy information for
the creation of these regular destination releases. The Consultant must be willing and
able to effectively represent the entire destination as needed.
. Support the CVB with work that may include creation of individual media itineraries,
creation and implementation of group destination press F AM's, response to individual
media requests for information, and support with any and all public relations
initiatives at the bureau as assigned.
. Recommend Internet-based public relations strategies utilizing the latest technologies
and practices for creative and effective message dissemination, search engine
performance and online penetration.
The right media coverage will ensure success in meeting these key objectives by:
. Generating significant consumer awareness of the Naples, Marco Island and
Everglades area as a desirable, safe, interesting, relaxing and compelling destination
for short term visitation by both leisure and group/business travelers.
. Strategically promoting the destination as the first choice of affluent and discerning
travelers.
. Enhancing the Naples, Marco Island, and Everglades - Paradise Coast brand as a symbol of
product excellence.
. Increase visitation, both leisure and group, during the slower season period May
through December.
. Enhance the destination's growing image as a family destination.
3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of
this Agreement an estimated maximum amount of one hundred forty thousand
($140,000.00), based on a monthly fee of $10,000 per month and annual out of pocket
expenses at cost of $20,000. Out of pocket expenses will be billed as follows:
Page 2 of8
1612
. All County service related charges, to include phone, fax, internal color and black
and white copies, mileage, postage, shipping and art supplies shall be billed at cost
with no mark-up.
. Consultant's travel time will be included in the monthly fee.
. Out of pocket services purchased on behalf of the County, such as photography,
clipping services, printing, specialty items, etc., will be billed at cost plus 17.65%
up to a maximum of $20,000 per year. Out of pocket expenses include travel
expenses as detailed in Item 5 below, but will carry no mark up.
The above costs are subject to estimates as approved in advance in writing by the
County.
4. PAYMENT: Payments will be made upon receipt and approval of invoices submitted
on services performed on behalf of Collier County after those services have been
performed. The number of the Purchase Order by which authority services have been
made, shall appear on all invoices. After review and approval, the invoices will be
transmitted to the Finance Department for payment. Payment will be made upon
receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes,
otherwise known as the "Florida Prompt Payment Act." Collier County reserves the
right to withhold and/ or reduce an appropriate amount of any payment for work not
performed. The monthly fee will be billed at the first of each month accompanied by a
report outlining the Public Relations services performed for the previous month.
5. TRAVEL EXPENSES: Travel expenses shall be reimbursed at actual cost based on
Collier County Resolution 2006-40 as amended and FS 125.0104 as amended.
Reimbursements shall be at the following rates:
Mileage:
Meals:
Airfare:
Rental car:
Lodging:
$ .485 per mile
Actual cost plus 15% gratuity
Actual Coach fare ticket cost
Actual rental cost of midsize or smaller car
Actual cost of reasonable lodging
at single occupancy rate
Actual cost of parking
Parking:
6. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant the following Address:
Page 3 of8
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Communications Consultants, Inc. d/b/ a BCF
240 Business Park Drive
Virginia Beach, Virginia 23462
Attention: Art Webb, President and CEO
Telephone: 757-497-4811
Facsimile: 757-497-3684
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Consultant 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.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. 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 Consultant. The Consultant shall also be solely responsible for
payment of any and all taxes levied on the Consultant. In addition, the Consultant 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 Consultant agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
9. NO IMPROPER USE. The Consultant 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 Consultant
or if the County or its authorized representative shall deem any conduct on the part of
Page 4 of8
16r.2!~
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
10. TERMINATION. Should the Consultant 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.
11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
12. INSURANCE REQUIREMENTS. The Consultant 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
Consultants; Products and Completed Operations and Contractual Liability.
B. Business Auto 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: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
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 Consultant during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Page 5 of8
16F21"4
Consultant shall insure that all sub Consultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide
County with certificates of insurance meeting the required insurance provisions.
13. INDEMNIFICATION. The Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
the Consultant or anyone employed or utilized by the Consultant in the performance of
this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Tourism Department.
15. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
16. 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: Consultant's Proposal, Insurance Certificate, RFP #07-4175 Specifi-
cations/Scope of Services.
17. 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.
18. 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.
19. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement,
the Consultant is formally acknowledging without exception or stipulation that it is
Page 6 of8
16; 2
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
20. VENUE: 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.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County
encourages and agrees to the successful bidder/proposer extending the pricing,
terms and conditions of this solicitation or resultant contract to other governmental
entities at the discretion of the successful bidder/proposer.
BALANCE OF PAGE LEFT BLANK INTENTIONALLY
Page 7 of8
16, 2 .,
IN WITNESS WHEREOF, the Consultant 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.
ATTEST:.
D' rE. Bl;9ck, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL RIDA
/
i3y:
; Datea: h ~7
(SEAU
Attftt 9S to ,01' 1 Ml.:ln S
S 1 gnatllri 1001 .
By:
James Coletta, Chairman
BCF OF FLORIDA, INC.
By:
Signature
~~
Second Witness
Do,,,,,,, ~eS
tType/ print witness namet
Art Webb, President
Typed signature and title
Approved as to form and
le~fficienCy:
Jr' Jf-.{/(U
A~sistant County Attorney
H ho I iKl-1 ION /" Ct L to
.
Print Name
Page 8 of8
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If tI1e certificate hOlde'is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A slatement
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If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poricies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endOfsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of thi:$ form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively Qr negatively amend, extend or alter the coverage afforded by the policies listed thereon.
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CHANGE ORDER
'\
.. 'CHANGE ORDER NO.
2
CONTRACT NO. 07-4175
BCC Date: 11/27/07
Agenda Item: _16F2
TO: Communications Consultants, Inc.
d/b/a BCF of Florida, Inc.
240 Business Park Drive
Virginia Beach, VA 23462
DATE:
12/29/10
PROJECT NAME: Tourism Public Relations Assistance
Under our AGREEMENT dated 11/27 , 2007_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and
conditions of the Agreement: see attached scope
FOR THE Additive Sum of: _Twenty five thousand dollars ($ 25.000
).
Original Agreement Amount
$
140.000
Sum of Previous Changes
$
14.000
This Change Order adds
$
25.000
Present Agreement Amount
$
179.000
The time for completion shall be (increase or decrease) by _n/a_ calendar days due to this Change
Order. Accordingly, the Contract Time is now () calendar days. The substantial
completion date is and the final completion date is . 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.
Accepted:
Jo.V). :J~
,20JL.
DEPARTMENT DIRECTOR
ultants, Inc. dba BCF of Florida, Inc.
BY~<"""'/ M
Jac rt, Direc~
CONTRACT SPECIALIST
By: ~~ )rt l/{1J(
~ ood
Contract 07-4175 Collier County Tourism Public 1
Relations Assistance
Change Order 2
, bate: . ~:~~ I. 'UJt I
A1'TEST~ "j .:;;0 .;!let . '~>,
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if,..-",,'-f~> ,/'-;,<..,. ,~)':... ..~
. D'Yi~~~;.$!~~,~lei1(:},
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BY:~ { ·
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and L~4'Sufficiency:
fllZ LL
Print Name: SCOTT R. TEACH
~County Attorney
Deputy
Contract 07-4175 Collier County Tourism Public 2
Relations Assistance
Change Order 2
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY: Fred '--t:!: c~~~