Agenda 03/11/2014 Item # 11B� EXECUTIVE SUMMARY
3/11/2014 11. B.
Recommendation. to, approve Change Order #5 to Contract # 10 -5541 with Paradise
Advertising and Marketing, Inc. for $1.5 million in media and production billing at a
negotiated gross rate of 10% agency commission, authorize the Chairman to execute the
Change Order, -and make a fmding that this expenditure promotes tourism.
OBJECTIVE: Recommend approval of Change Order #5 for additional destination marketing
expenditures for $1,500,000.00 with Paradise Advertising and Marketing, Inc. at a negotiated
gross rate of 10% agency commission.
CONSIDERATIONS: The current agreement approved by the Board of County Commissioners
on March 22, 2011 with Paradise Advertising and Marketing, Inc. (attached) indicates a monthly
service fee in the amount of $25,000 ($300,000 annually). This service fee is in lieu of the
standard advertising 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 $2 million annually will be added by change order and to be billed by Paradise
Advertising and Marketing, Inc. at gross, reflecting a standard advertising agency commission of
15 %."
The County Commission by super majority vote approved a reallocation of the tourist
development tax on April 23, 2013 (item 17D). That action increased the total allocation for
destination marketing expenditures in Collier County Ordinance No. 2013 -10 to 46.719 %. That
additional TDT revenue has been allocated to Fund 184 since July of 2013 and is now budgeted
into the Board approved FY 14 Tourism Department budget by increasing the annual
expenditures for destination marketing from $2 million to $3,500,000. The $3.5 million
marketing budget expenditures were planned for and included in the FY 14 Marketing Plan that
was approved by the BCC on October 22, 2013 (item 16F3).
In accordance with Contract #10 -5541, a Change Order is required to spend the $1,500,000 in
destination marketing dollars and to authorize Paradise Advertising to bill the additional BCC
approved $1,500,000 in destination marketing expenditures to include an earned commission.
Paradise Advertising and Marketing, Inc. has agreed to reduce their earned commission on that
$1.5 million to 10% for the balance of FY 14.
Over the four year term of our Contract # 10 -5541 with Paradise Advertising and Marketing, Inc,
the BCC has approved the following Change Orders in response to unforeseen needs for
additional destination marketing expenditures:
• #1 on 7/26/11 for $800,000 (Item IOD);
• #2 on 11/8/11 for $350,000 (Item 16F2);
• #3 on 6/26/12 for $250,000 (Item 16F3);
• #4 on 4/23/13 for $100,000 (Item 16F3);
• Projected #5 on 3/11/14 for $1,500,000.00
Packet Page -304-
3/11/2014 1 1. B.
The Tourism Department and the County Museums Department both received marketing
services from Paradise Advertising & Marketing Inc. under contract 10 -5541 in FY 11 and FY
12. Over the past three fiscal years of this agreement, the Purchase Orders, Change Orders and
actual expenditures history has been as follows:
Fiscal Year
Tourism Annual Purchase
Tourism Annual
Museum Annual
TOTAL
Order Allocation
Actual
Actual
EXPENDITURES
Expend
Ex diture
2011
Two Quarters: $1,040,443
$1,840,320
$66,764
$1,907,084
Change Order 1: $800,000
2012
Base Budget: $2,300,000
$2,742,155
$17,056
$2,759,211
Change Order 2: $350,000
Change Order 3: $250,000
2013
Base Budget: $2,300,000
$2,378,988
$0
$2,378,988
Change Order 4: $100,000
2014
Base Budget: $2,300,000
TBD
$0
(Projecte(l)
Change Order 5:$1,500,000
Staff recommends approval of Change Order # 5 to Contract #10 -5541 for a total of
$3,800,000.00 in advertising, marketing and fees for FYI 4.
LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's Office,
requires majority vote, and is legally sufficient for Board action. — CMG
ADVISORY BOARD RECOMN ENDATION: The Tourist Development Council
recommended approval 8 -0 at the 1/27/14 meeting.
FISCAL H*IPACT: The $1.5 million is available in the approved FY 14 Tourism Department
marketing and promotion budget in Fund 184. The 10% commission is included in the $1.5
million total.
RECOM WNDATION: Recommend approval of Change Order # 5 to Contract # 10 -5541
with Paradise Advertising and Marketing, Inc. for $1.5 million in media and production billing at
a negotiated gross rate of 10 %, authorize the Chairman to execute the Change Order, and make a
finding that this expenditure promotes tourism.
PREPARED BY: Jack Wert, Tourism Director
Packet Page -305-
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.6.
3/11/2014 1 1.B.
Item Summary: Recommendation to approve Change Order #5 to Contract # 10 -5541
with Paradise Advertising and Marketing, Inc. for up to an additional $1.5 million in media and
production billing at a negotiated gross rate of 10% agency commission and authorize the
Chairman to execute the Change Order and make a finding that this expenditure promotes
tourism.
Meeting Date: 3/11/2014
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator, Tourism
2/3/2014 10:35:55 AM
1—N. Submitted by
Title: Director - Tourism, Tourism
Name: Werdack
2/3/2014 10:35:56 AM
Approved By
Name: WertJack
Title: Director - Tourism, Tourism
Date: 2/3/2014 12:18:54 PM
Name: Evelyn Colon
Title: Purchasing - Procurement Specialist
Date: 2/3/2014 12:19:04 PM
Name: MarkiewiczJoanne
Title: Manager - Procurement, Purchasing & General Services
Date: 2/19/2014 2:20:36 PM
Name: JohnsonScott
Title: Procurement Specialist, Purchasing & General Services
Packet Page -306-
3/11/2014 11. B.
Date: 2/20/2014 9:00:00 AM
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 2/20/2014 9:46:17 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 2/27/2014 1:34:16 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/27/2014 3:19:16 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 3/4/2014 11:39:12 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/4/2014 12:40:30 PM
Packet Page -307-
, *i �
Cd �Tcounty
AdninishaM Services avisim
purchasing
X Contract Change Request
3/11/2014 11. B.
Purchasing Department
Change Modification Form
❑ Work Order Modification
Contract #
Change #: 5
PO/Work Order #:
Project Name:
10-5541
.
. ..... .
4500146958
Tourism Marketing Services
Project #: n/a
Project Manager:
Department:
Contractor/Firm Name:
Dollar Amount of this Change
Jack Wort
Tourism
Paradise Advertising and Marketing, Inc.
Original Contract/Work Order Amount
4�$ ;NC,12-, 30
V
Original BCC Approval Date; Item #10A
Current BCC Approved Amount
.
. ..... .
1 change): 9/30/14
Last BCC Approval Date; Item #16F3
Current Contract/Work Order Amount
!$2,, oil 0'.."
9/30/2014
SAP Contract Expiration Date (Master)
Dollar Amount of this Change
fl z U71,
130.43%
Total Change from Original Amount
Revised Contract/Work Order Total
$5,300,00! 0::0 .00
39.47%
Change from Current BCC Approved Amount
l Cumulative Changes
0
$3,000,000-0flo
39.47%
Change from Current Amount
additional $1.5 million to 10%.
3. The reallocation of the tourist development tax and the increase in available destination marketing funds was not
contemplated when the original agreement was made with Paradise Advertising and Marketing, Inc. in 2011.
4. If this Change Order is not approved, the Tourism Department will not be able to use the additional destination
C mpletion Date Descriotionof. the Task(s) Change,.and, Rationale for the Cha
0 nge,
Original completion date:
Last approved completion date:
Revised completion date (includes this
9/30/14
9/30/14
1 change): 9/30/14
Number of days added
Each step on the contract modification checklist form has been reviewed prior to me
0
submitting for approval JW (this box must be initialed by Project Manager)
Z Add new tasks) –7
Change task(s)
❑ Delete task(s) —7
Other (specify):
1. The County Commission by majority vote plus one approved a reallocation of the tourist development tax on April
23, 2013 (item 913). That action increased the allocation for destination marketing expenditures in Collier County
Ordinance # 2013-10 to 43.438%. That additional TDT revenue has been budgeted into the BCC approved FY 14
Tourism Department budget by increasing the annual expenditures for destination marketing from $2 million to
$3,500,000. The $3.5 million marketing budget expenditures were planned for and included in the FY 14 marketing
plan that was approved by the BCC on October 22, 2013 (item 16F3).
2. In accordance with contract # 10-5541, a Change Order is required to spend the additional $1,500,000 destination
marketing dollars and to authorize Paradise Advertising to bill the additional $1,500,000 to include an earned
commission. Paradise Advertising and Marketing, Inc. has agreed to reduce their earned commission on that
additional $1.5 million to 10%.
3. The reallocation of the tourist development tax and the increase in available destination marketing funds was not
contemplated when the original agreement was made with Paradise Advertising and Marketing, Inc. in 2011.
4. If this Change Order is not approved, the Tourism Department will not be able to use the additional destination
marketing dollars created by the allocation changes in the tourist development tax under Ordinance # 2013-10 as
approved by the BCC in April , 2013. Without those added marketing expenditures, the Tourism Department will not
be able to effectively implement their FY 14 marketing plan, and our community will realize fewer visitors resulting in
lower visitor expenditures and tax revenue to Collier County.
'Type of Change l Modiitcstion
❑ 1. Planned I Elective
2. Unforeseen
conditions/circumstance
❑ 3. Quantity or price adjustment
❑ 4. Correction of error(s)
❑ 5. Value added
❑ 6. Schedule adjustment
Change Re
Revised 5.16.12
Packet Page -308-
Approved b :
Date:1/1412014
Name and Title: Jack Wert, To 'sm Director
Reviewed by: .' �
Date:
Procurement Strategist's Name:
Revised 5.16.12
Packet Page -309-
n
CHANGE ORDER
CHANGE NO.5
TO: Paradise Advertising and Marketing, Inc.
150 Second Avenue N., Suite 800
St. Petersburg. FL 33701
DATE: 3/14/13
PROJECT NAME: Tourism Marketing Services
PROJECT NO.: n/a
Under our AGREEMENT dated March 22, 2011
CONTRACT NO. 10 -5541
BCC Date: 3/22/2011
Agenda Item: 10B
3/11/2014 11. B.
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement # 10 -5541: A onetime change to add $1,500,000 destination
marketing expenditures for FY 14 to include paid media and production reflecting a discounted agency
commission of ten percent (10 %) for Change Order #5 only. The Board approved contract rate is
normally fifteen percent (15 %) pursuant to Section 3.2 Agency Fee.
FOR THE Additional Sum of. One million five hundred thousand dollars $1,500.000.
Original Agreement Amount $2.300.000
Sum of Previous Changes $1,500,000
( 41 - $800,000 on 7- 26 -11, Item l OD; #2 - $350,000 on 11 -8 -11, Item 16F2; #3 - $250,000 on
6- 26 -12; Item 16173; #4 - $100,000 on 4- 23 -13, Item 16F3)
This Change Order add $1,500,000
Present Agreement Amount $5,300.000
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.
Packet Page -310-
3/11/2014 1 1. B.
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(s) indicated below.
ATTEST:
Dwight E. Brock, Clerk
CONTRACTOR:
Paradise Advertising and Marketing, Inc.
By: /T-
Cedar Hames, President
Contractor First Witness
Shirley Pekarek
Contractor Second Witness
Kera Holzinger
?proved as to form and legality:
Assistant County Attorney
Accepted: 20
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
DEPARTMENT DIRECTOR
By: 'j�_
Jack Wert
DIVISION ADMINISTRATOR
By:
type name
PROC MENT STRATEGIST r /
By:
Evelyn Colo
Packet Page -311-
010
Pr
Contract # 10 -5541
"TOURISM MARKETING SERVICES"
3/11/2014 11. B.
THIS AGREEMENT, made and entered into on this -22day of MAC&
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 ":
W-I T N E S -S. E -T H�
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 Mariager 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
Packet Page -312-
3/11/2014 11. B.
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 nll 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
Packet Page -313-
3/11/2014 11. B.
Reimbursable items other than travel expenses shall include, but not be limited to the
n 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.
32 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 FEESIHOURLY 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
n 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:
Packet Page -314-
3/11/2014 11. B.
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,' €ax; entail 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 Soction 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
a
Packet Page -315-
3/11/2014 11. B.
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 bf_ this Agreement, Contractor will
bill the Counter 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 ininintuin 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.
Packet Page -316-
3/11/2014 11.B.
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 lawn, 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 Exlubit 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.
Packet Page -317-
3/11/2014 1 1. B.
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 Iitigation 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
Packet Page -318-
3/11/2014 11. B.
22. KEY PERSONNEMPROTECT 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.
Packet Page -319-
- . 3/11/2014 11. B.
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.
AITEST:
Of C07
and
_.,6��ounty Attorney
DEPUTY
SCOTT R.-TEACH
Print Name -
am 'i
First Witness
tType/print witness name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chainmanu,
Contractor:
PARADISE ADVERTISING & MARKETING, INC.
By:
Signature
Cedar Hames, President
Typed signature and title
9
Packet Page -320-
•
3/11/2014 11.B.
EXHITIB "A"
CONTRACT 10 -5541 - TOURISM MARKETING SERVICES
RATE SCHEDULE
SERVICE J 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 Mattager
$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 - Iii 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- Digitat . $175.00
10
Packet Page -321-
^,
SERVICE I POSITION
Production Coordinator
Proofreading
In -house Video Services
In -house Photograph Services
In house Audio Services
Public Relations Director
Public Relations Account Manager
Public Relations Account Executive
Public Relations Writer
Public Relations Coordinator
Director of Diversity Marketing
Digital Services Director
Digital Strategist /Research
Digital Production Supervision
Digital Coordinator
Data Entry Specialist
Search Engine Optimization
Digital Production Developer
Director of Mobile Development
Social Media Marketing Director
Social Media Marketing Coordinator
3/11/2014 1 1. B.
CCT RATEVHOUR NOTES
$100.00
$100.00
$200.00
$200.00
$200.00
$200.00
Covered under fee up to $6,000 in PR time
$150.00
Covered under fee up to $6,000 in PR time
$125.0D
Covered under fee up to $6,000 in PR time
$150.00
Covered under fee up to $6,000 In PR time
$100.00
Covered under fee up to $6,000 In PR time
$20D.00
$200.00
$150.00
$175.00
$125.00
$100.00
$150.00
$200.00
$250.00
$175.00
$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.
Packet Page -322-
3/11/2014 11.B.
* Paradise
March 4, 2010
Mr. Jack Wert
Executive Director
Naples Marco Island Everglades 0V8
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,
6f� a'41 14
Cedar Hames
President, Paradise Advertising and Marketing Inc.
154 Second Ava. Munfi • Suf:e eW • St. Petsrsbvt9, FL 337p1
;727/821.51SS • Far: (72)822.3722
xne. Parac�seAdv.ce:n
Packet Page -323-
t49 F:ftr A,•am.e Snu.h . Suite 213 • Maples, Ft. 34102
(2391 465.4972 Fax: (219) •16S -4973