Agenda 03/22/2011 Item #10A
3/22/2011 Item lOA
EXECUTIVE SUMMARY
Report to the Board of County Commissioners pursuant to the reconsideration of
the award of Contract #10-5541 to Paradise Advertising and Marketing, Inc. for
Tourism Marketing Services.
OBJECTIVE: To provide the Board with requested information pertaining to the
reconsideration of the referenced award.
CONSIDERATIONS: On January 25,2011, the Board of County Commissioners (BCC)
unanimously approved Contract #10-5541 with Paradise Advertising and Marketing, Inc.
for Tourism Marketing Services.
At its February 22, 2011 meeting, under a request for reconsideration, the BCC
requested that staff respond to the questions raised by Commissioner Hiller pursuant to
this contract and bring those responses back to the BCC on March 22, 2011. Staff
responses and related documents are attached. The present contract has been
previously extended by the Board through March 31st. Unless the Board directs
otherwise, the new contracf, which was awarded by the Board on January 25th would
take effect on April 1, 2011.
- As the enclosed documents indicate, staff has not identified any significant conflicts
between the language found within the RFP, the Paradise proposal and the contract.
However, in an abundance of caution, staff has added the following clause to the
agreement to address any possible concern:
23. ORDER OF PRECEDENCE: In the event of ony conflict between or omong the terms of ony
of the Contract Documents, the terms of the Request for Proposol and/ar the Contractar'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.
Questions have also been raised regarding a clause in Paradise's price schedule
allowing them to apply a two percent mark up fee for all materials delivered/purchased
under the agreement. This clause was in the preceding contract with Paradise, but
never invoked. Paradise has agreed to waive this charge and it has been removed from
the price schedule within the new agreement.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office, requires simple majority vote, and is legally sufficient for Board action. - CMG
FISCAL IMPACT: The approved FY 11 Tourism Fund 184 budget for advertising and
promotion and the County Museum Fund 198 budget have sufficient funding for this
- contract.
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3/22/2011 Item lOA
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
plan with this action.
RECOMMENDATION: That the Board of County Commissioners accepts the staff
report pursuant to fhe reconsideration of the award of Confract #10-5541 to Paradise
Advertising and Marketing, Inc. for Tourism Marketing Services and approves the
proposed modifications to the contract set forth within the Consideration Section herein.
SUBMITTED BY: Jack Wert, Tourism Director
Packet Page -604-
3/22/2011 Item lOA
COLLIER COUNTY
Board of County Commissioners
Item Number: lOA
Item Summary: This item to be heard at 9:00 a.m. Report to the Board of County
Commissioners pursuant to the reconsideration of the award of Contract #10-5541 to Paradise
Advertising and Marketing, Inc., for Tourism Marketing Services. This item is a companion to
Item lOB. (Jack Wert, Tourism Director)
Meeting Date: 3/22/2011
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
3/16/201] 5:37:41 PM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
3/16/20115:37:43 PM
Approved By
Name: OchsLeo
Title: County Manager
Date: 3/16/2011 6:06:08 PM
Packet Page -605-
3/22/2011 Item lOA
AWARD OF CONTRACT 10-5541, "Tourism Marketing Services"
RESPONSE TO ISSUES RAISED PREVIOUSLY
At the February 22 Board meeting, Commissioner Hiller presented a report
developed by the Clerk of Courts Finance Department regarding the award of
Contract 10-5541 ("Marketing Services for the Tourism Department"). The
report included comments regarding terms, conditions and other information
within the recently-awarded contract. It should be noted that the new
contract is virtually identical to the previous contract, which was awarded by
the Board in October, 2006. That agreement had been fully reviewed and
commented upon by the Clerk's Office at the time of award.
Please find enclosed the spreadsheet prepared by the Clerk's staff and
verbally presented to the Board by Commissioner Hiller. The spreadsheet
has been updated to include a staff comment column that provides a brief
response to each of the issues listed therein.
In addition to what was identified in the spreadsheet, other issues were
discussed during the presentation. The following is a list of these other
issues (which are summarized in italics) and a brief reply (in regular font)
concerning each:
1. The RFP, proposal and contract do not match.
Staff did not find any inconsistencies with current policy or law on this point. Each
of the aforementioned is a distinct document that serves a unique purpose within
the public procurement process. The RFP is the formal open solicitation (offer)
issued to all interested parties. It sets forth the County's business needs and
preferences for the purchase and advises the competing firms as to how to prepare
and submit their proposals and how their proposals will be evaluated. The proposal
(or "counter offer") is the formal submittal prepared and tendered by each
competing firm in which the firms explain how they intend to meet the County's
business needs. The proposal is used to rate and select the winning firm. After a
firm is seiected, a contract is developed that incorporates the RFP, the proposal and
conditions not set forth in the RFP or proposal into a larger, more complete
document that represents the full legal relationship between the parties. Differences
between the three documents are not only common, but to be expected. The
contract often includes terms and conditions not necessarily contained in the RFP or
proposal. These would include provisions that are important to the contractual
relationship (e.g.; termination of services, extension or renewal of the contract,
reimbursement of expenses, etc.), but are not germane to the competition or the
award process.
2. The Selection Committee composition was predominantly from one
department.
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3/22/2011 Item lOA
The committee included four members of the Tourism Department and one from
the Growth Management Division. When staff selection committees are appointed,
they are formed in accordance with the County's Procurement Administration
Procedures. The procedures call for the committees to generally include the
assigned project manager and/or their department director; a variety of relevant
technical and professional expertise pertaining to the nature of the work to be
performed and membership from within the agency outside the project manager's
department. The procedures also specify that the selection shall be made by
consensus (as opposed to majority vote). Further, all decision making is made "in
the sunshine" in a publicly-noticed meeting. In this instance, the Tourism
Department manages virtually all of the dollars spent (more than 97% in FY 10)
under the contract and is the clear and dominant stakeholder. To have loaded the
committee with members from outside the Tourism Department could have diluted
the expertise of the committee and the stakeholder influence in a negative manner.
3. Paradise Advertising has billed Collier County improperly under the
present contract.
In the February 22 Board meeting, an invoice from a magazine publisher for an
advertisement placed by Paradise was described as being improper and inconsistent
with the contract. In response, copies of the price estimate, advertiser invoice and
contractor invoice are enclosed and labeled Exhibit A. Media sources such as TV
stations and magazine publishers charge a gross amount to place advertising with
them. These sources typically apply a discount of 15% to recognized advertising
agencies and require those agencies to pay the net amount of the cost. The ad
agency then has the option to charge their client at the gross amount and retain
the 15% discount as their fee for their work in placing the ad, or passing that
discount onto their client. In our agreement with Paradise, the 15% discount is
passed along to Collier County and the agency is compensated through the monthly
service fee for the first $2 million of advertising expended under the agreement. For
the invoice in question, the publication (Midwest Living) invoiced Paradise for a
leisure traveler ad in their January, 2010 edition at a gross amount of $8,822.35
less an Agency Commission (or discount) of $1,322.35 for a net amount of
$7,499.00. This amount was invoiced by Paradise to Collier County on January 6,
2010 under Invoice #493-0 and is in exact agreement with the Media Estimate
approved by the Tourism Director on October 8, 2009, which was also attached to
the invoice along with a tear sheet of the actual ad in the publication. This is in
compliance with the terms of the current agreement between Paradise Advertising
and Collier County. In short, Paradise was not paid any additional fees or
commissions to place the ad and the County received the discounted agency rate
per the contract.
4. Rates for services under the new contract are higher than the previous
contract.
The rates under the current contract have not been increased during the four year
contract period or in the previous agreement with Paradise that originated in 2003
Packet Page -607-
3/22/2011 Item lOA
(although Paradise could have requested increases). The rates listed by Paradise
are comparable to rates listed by the competing firms (to the extent that the others
even listed rates, some did not). The hourly rates are applicable to production
services ordered by the County outside the regular scope of the work. In FY 10, the
County spent $355,878 for Paradise staff creative time or 17.8% of the total $2
Million marketing budget. The proposed rates for these same creative staff positions
for the same number of hours expended in FY 10 would result in a total billed to
Collier County of $512,237.50 or 25.6% of the total $2 million marketing budget.
This represents an increase of 7.8% in creative staff time for production projects in
FY 11. The tourism industry standard for production in comparison to total
marketing budget is 25%.
5. The proposed contract with Paradise Advertising is not a standard County
contract.
The County uses standard agreements for the vast majority of its contractual
purchases. These agreements contain common terms and conditions, but allow for
provisions particular to each given purchase (e.g.; scope of work, compensation) to
be inserted on a contract by contract basis. The Paradise agreement was
developed using a standard county services agreement and the vast majority of the
clauses are identical to those found in numerous other County vendor agreements,
6. Collier County's contract with Paradise is less favorable to the County
than Seminole County's contract with Paradise.
Paradise Advertising entered into a contract with Seminole County in 2008. The
Seminole contract calls for Paradise to be paid $120,000 annually for advertising
services pursuant to an annual advertising budget of $400,000. By contrast, Collier
County would pay $300,000 for advertising services in support of a budget of $2
million. In the Seminole County contract, the service fee represents 30% of the
value of the advertising compared to 15% in Collier County. Or to say it another
way, Collier County is buying five times as much advertising at two and a halftimes
the cost. The hourly rates for creative services in the existing Seminole County
agreement are generally $25 per hour lower than comparable rates in the Collier
contract, due in part to their smaller marketing budget and differences in the
marketing services delivered. Also, it should be noted that the Seminole contract
was awarded in 2008 versus 2011 for the Collier agreement. Further, a number of
the services set forth in the Seminole contract as billable positions such as "Public
Relations" are not used by Collier County or are included (i.e.; no extra charge to
Collier) within the monthly administrative fee under the Collier County contract.
7. It is a conflict of interest for Paradise advertising to contract with Collier
County when they are under contract with other communities (e.g.;
Seminole County) that compete with Collier County for tourism business.
In response to that concern, please find enclosed a letter from the executive
director of the Seminole County Convention & Visitors Bureau stating that they do
Packet Page -608-
3/22/2011 Item lOA
not view Collier County to be direct competitors to them in their efforts to attract
visitors. The letter is attached as Exhibit B.
8. It is a conflict of interest for Paradise advertising to represent the "Visit
St. Petersburg/Clearwater" tourism council given that Collier County
directly competes with that community for tourism business.
In response to that concern, please find enclosed a letter from the executive
director of that agency stating that Paradise Advertising has not under contract
with that agency for "at least 10 years." The letter is attached as Exhibit
C.
Packet Page -609-
+ Paradise
Billed To:
Naples, Marco Island, Everglades CVB
c/o Jack Wert
2800 North Horseshoe Drive
Nap/es, FL 34104
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Order Information
Insertion Date(s)
Current
000088
Midwest Living Jan/Feb '10
01 Midwest Living
~eadline: Midwest Living Jan/Feb '10
Dv
1/1/2010
'0 #~.2.Q.Q~ J L.Z::U~,
ililD #.5900 bQ 'l5~ ~ -:
TO ?fv1 _. Returned
SAP Dat8_ Ent@red By
3/22/2011 Item lOA
Print Media Invoice
Invoice Number:
I nvoice Date:
Page:
Ad Size
Large Brochure Ad
Invoice Total:
493-0
1/6/2010
1
$7,499.00
$7,499.00
150 Second Ave. North. St.ite 800 . St_ Petersburg, FL 3::;701
(727) 821-5155 . Fen: ;727;- 322.3722
649 Fifth Avenue Sout:-- . Suite 204 . N8plcs, FL 3.1102
i239} 4654972 . Fax: (239) 465-4973
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;'Ii 3/22/2011 Item lOA
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Convention and Visitors Bureau
March 3, 2011
Mr. Jack Wert
Executive Director
Naples, Marco Island, Everglades CVB
2800 Horseshoe Drive
Naples, FL 34101
Dear Jack,
I have heard through the tourism grapevine that the renewal of the Paradise Advertising contract with your
CVB is currently taking place and that a question has been asked about Paradise representing Seminole
County, Amelia Island and your CVB, and whether or not your area will be at a disadvantage since they
represent other destinations.
I am proud of the working relationship that I feel we have and I give a portion of that credit to Paradise. As
a whole, none of us take business from the other, as we all have very many different things to promote. If
nothing else, we complement each other. We know that when a visitor stays in Seminole County, that they
are not going to spend their entire vacation here - that is why we promote the fact that we are close to the
attractions and close to the beaches. By having Paradise on our team, their professional staff has been able
to advise us on promotions that we may want to be a part of that you are doing and vice-versa and when
possible, they negotiate on our behalf to get a better rate, because you are participating. As you know,
when all of us are on the road, we work together to get the visitor to choose Florida as their destination
and our areas as part of their trip. I strongly feel that each and every CVB within the state has unique
features that we promote and having an agency like Paradise with such a strong track record helps us in
being successful at doing that.
Our branding, Florida's Natural Choice, has a different target audience than yours and our competitive set
does not include your area. However, we do answer many questions about your part of the state when
visitors stop by our Welcome Center and we distribute many Florida maps, that often lead them to your
coast.
I trust that we will continue to work together Jack, our partnership is certainly working and the help that we
have gotten from Cedar and his staff at Paradise helps to make it work.
Sincerely,
~~ ~ermi
Executive Director
Seminole County Convention & Visitors Bureau
SSea rs@SeminoleCountvFI.eov
~407)66S-2901
'. wwwYisi!?e~inole.com
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ST.PETE RS BURG
CLEARWATER
March 4, 2011
Jack Wert
Executive Director
Greater Naples/Marco Island
Convention and Visitors Bureau
3050 N. Horseshoe Drive
#210
Naples, Florida 34104
Dear Jack,
Paradise Advertising has not been under contract with Visit 51. Petersburg/Clearwater for at least 10
years. BVK Advertising is currently our sole source agency of record.
Cedar Hames and Paradise Advertising have an Impeccable reputation in the Tampa Bay area as well as
statewide and are considered one the top agencies in Florida Tourism marketing. I have recommended
Paradise numerous times and appreciate the work that Cedar and his team have done, both for this
bureau and on behalf of several area attractions and museums.
Regards,
DT Minich, CDME
Executive Director
Visit St. Petersburg/Clearwater
ViSIT ST. PETEPS3UPG.lCLEAF!Vv'/\TY\ $ 238;15 S8" STPEET ,\iCRTH I$! :,(iiTE 2.2JC?1if ClE::.nV/A7EF.' FLORiDA .::3760
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3/22/2011 Item lOA
Transcript: Tourist Development Council Meeting, January 25,2010.
Agenda Item 4 under "Old Business"
Speaker: Jack Wert
Now the item concerning the Marco Island Museum Exhibit Funding.
Just a quick bit of history, we have assisted the Marco Island Historical Society during the construction
of that museum with 2 years of grants, and this current fiscal year they applied for a grant to assist in
building exhibits for that museum which is scheduled to open very soon. The amount of money that
was granted the Historical Society on Marco Island is $100,000; and we certainly understood at the time
that that wasn't as much as they felt they needed, but certainly the projections that we had seen from
our own Museum Dept. was considerably more than that. We knew it would cost more but we simpiy
did not have the grant funds to grant any more than that. Subsequent to the approval of that grant for
$100,000, the City of Marco Island did meet and they have kind of set out a challenge grant, if you will,
of up to $350,000. If that were matched, we could come up with perhaps up to $700,000 for funding an
initial round of exhibits for that museum. Certainly it will be an ongoing effort to continue to add to the
collection there at the museum. So the challenge is to somehow come up with more than the $100,000
that we currently have granted the historical society. And a couple of suggestions have come up, one is,
and we were going to wait to announce this later in the program, but I am going to at least discuss it
now. Paradise Advertising, who does really wonderful work for us, in recognition of the additional
million dollars that we received for this one year from the beach reserve funds, that they would agree
to donate some of their commissions on additional advertising that would result from that million
dollars to be used, their feeling was for marketing purposes. However, in some discussions recently,
there certainly is some interest in perhaps using some or all of that money to put with our $100,000
from the grant; and then there has been some discussion within the county, that there could perhaps be
some funds in the capital reserve funds, out of the general fund, we might be able to find some
additional dollars, perhaps some savings from the projects that we have done here. As you know that
front entrance of this building got finished early, and we think a little ahead of where budget was
projected, so there may be some dollars there and there may be some others. What we are bringing to
you is a kind of a discussion topic, but, one, we think there is a mechanism here to come up with this up
to $350,000 from the county's point of view from a combination of these things, and then be able to go
back to the City of Marco Island and say we have got our 350, will your match that as part of your
challenge grant? So that is the recommendation we are bringing to you to today. Cedar Hames is here
from the agency if you do have some questions related to that suggestion that we might use their
donations to help in this project, so it is open to discussion and we are looking for a recommendation
then that we could move forward to the county commission.
Speaker: Mr. Hendel
Do I understand that you are asking for $700,000 total?
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Speaker: Jack Wert
From our point of view from the County, $350.
Speaker: Mr. Hendel
I would like to see what the 700 would cover in total.
Speaker: Jack Wert
I think Marla Ramsey is here and believe she can give us some insight.
Speaker: Mr. Hendel
I would like to see what the 700 would cover and then we would be able to justify at least the total
costs.
Speaker: Marla Ramsey
I didn't actually bring the info with me but it is in the agenda package for tomorrow's BCC meeting and
we have contracted with, not actually contracted, we asked a favor of a design firm to provide us with a
proposal. They did last January a year ago today actually, and that proposal shows about $1,054,000 to
put in a significant amount of the displays that we need for that particular facility, the largest of it has to
do with the Calusa Room which shows the Calusa Indians and how they functioned on the island. And
that one in of itself is about $750,000. The rest are different galleries throughout the facility that talks
about the pioneers, how Collier County became, how Marco Island became; and those funds, the
750,000 or 700,000 we are looking at right now, would not cover all of that; we would have to do this
whole proposal in a phased approach.
Speaker: Mr. Hendel
So some of this is capital and some is operating?
Speaker: Marla Ramsey
No, this is all capital.
Speaker: Mr. Hendel
Oh, it is all capital. Is it a one- time expenditure'
Speaker: Marla Ramsey
Yes, that's correct.
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Speaker: Commissioner Coyie
And if I could elaborate a little bit, this isn't all the money they are requesting. Their entire budget is
probably in the range of 1.2 to 1.5 million dollars.
And I had the same questions, you had Mr. Hendel, why is it so expensive to provide exhibits once the
museum has been constructed? The reason is it is not a typical museum, it consists of a number of
scenes that have been created that shows the lives of the Calusa Indians. There is one scene that shows
them, these aren't photographs, this is a replica of a village, and it shows them preparing food, cooking
with all the implements and the other things, and the period dress, it shows them preparing to go
hunting with their weapons, it shows a canoe being launched into a small lake. It is a fairly elaborate
display of daily life of the Calusas at that time, and because of that, it is likely to have a fairly large draw
for tourists in Collier County. But that's why the money is being requested, and we told them, we, that
is, the board of county commissioners, we don't have the money to do the whole thing, but if you can
break it into segments, perhaps there is a way we could raise the money to get this done. So the
$700,000 will get most of this particular Calusa period display constructed and then we'll have to deal
with the rest of it as we go along. But that would be the most striking part of the museum display and
the most expensive part. So I hope that answers part of your question.
Speaker: Rick Medwedeff
Just a question of understanding, Jack.
The proceeds for the generous offer from Paradise Advertising for $100,000 in fees, that money is In a
different account than the museum account, and do we have restrictions on what percentage of our
total expenditures goes into each account?
Speaker: Jack Wert
How it is distributed from the tourist tax is, but after that we can transfer funds; we would need a
budget amendment to do that, but we would have to moves funds from our promotion line which is
where that basically would be into the museum operating budget.
Just one more point, too, related to what you brought up related to the donation from Paradise. That
was absolutely unsolicited. They offered that in good faith to help us along in finding additional
marketing dollars for this year as we are struggling thru.
Speaker: Susan Becker
I iike the good faith offer but it is extremely contentious for us to use your advertising requirements by
taking money from the beach reserve, and now to reallocate that which what we wanted only for
advertising, to a museum, is something I don't understand.
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Speaker: Rick Medwedeff
And I concur with Ms. Becker. This is, you know we struggle with year round advertising for our
destination, and that if there is money for marketing, we should be spending it on promoting our
destination primarily.
Speaker: Mr. Sorey
Well, these dollars belong to Paradise and Paradise is making the contract that as I understand it is
Paradise is making a contribution. I guess Jack, you could just carve that out and not flow it thru here,
pay it to Paradise, and then they can make a tax deductible contribution to the museum. So I don't
know, why do we even need to get into that discussion?
Speaker: Rick Medwedeff
That is a great point. (laughing)
Speaker: Mr. Hill
I was just going to bring out that this funding sort of appeared at the 11th hour, as we were all called to
consider the grant applications and we compromised obviously. And I am sympathetic with the needs
of the Marco Museum, but it is also a good faith agreement. And I have a question to Mr. Wert. How
much money were we able to conserve with the project in this bldg to use for the museum?
Speaker: Jack Wert
I don't' have that figure readily available.
Speaker: Mr. Hill
Has it been approved?
Speaker: Marla Ramsey
Marla Ramsey, Public Services Administrator. I am going 10 answer that a little differently than you
asked if that is ok. The funds that we have looked at as having in reserve Is $150,000 and where we
received that funding is that the University Extension was given $150,000 about 3 years ago in good
faith as a seed money to build, for lack of another word, an interpretive center out at their site. The
economies being what they are, they have not been able to match those fundings in there and so at this
time we feel that the $lS0,000 that is waiting for that project is better served for us to move it over to
the museum side and use it in this project. So that is really where we are going to get the additional
funding is from the Public Services Division's allocation of capital funds.
Speaker: Mr. Hendel
Jack wouldn't this request be more appropriate with all the other requests for the museum when we
have our session in May so we can look at the whole amount we have available for all the museums,
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and not only the museums, and then we could gauge how much we could possibly give to spend, and
we could look at the whole amount we had available and we could gauge. I would think it would be
very worthwhile to look at the big picture here.
Spea ker: Jack Wert
Certainly that discussion can happen. I think there is a timing issue here with a museum that is about to
open with very few exhibits so that this was an opportunity to kind of fast track this project along. Yes,
we certainly still are going to have that discussion because in the future, when the Marco Island
museum, when it becomes part of the county-owned museums, it is going to need funding to continue
to add exhibits to operate it and so forth. So that discussion is certainly going to happen, and will need
to happen as part of our funding discussions for grants for next year, which wouldn't have funds avail to
Oct 1. So we still have to have that discussion, but I think this is appropriate now because of the fast
track, and I believe there is a timeframe on the matching grant, too, isn't there?
(Jack is looking at Marla Ramsey)
Speaker: Marla Ramsey
Jack is a looking at me so I guess I should talk. Again Marla Ramsey. I am not sure what the timeline is
from the City of Marco, I am not sure they put a deadline on it. But the museum itself should be ready
for they are having a celebration of completion on Feb 4. It is not necessarily going to be occupied by
the public, but the donors are to be coming in and looking at the facilities, etc. So they are very close to
completing the construction of that building; and what we are seeking to do, is to try and get the capital
funds in place so that we can start to work with the design team, 50 that we can design and start to
construct those displays, knowing that it is still probably is going to take at least 6-9 months before the
really good stuff comes into the building. We will be bringing in whatever we have available in the
meantime so we are probably looking at fall before you see the wow.
Speaker: Mr. Sorey
Based on what has been presented, it seems to me the only thing appropriate for the TDC, and I make a
motion that we support this concept: The $100,000 we have already approved, the Paradise money
belongs to Paradise, and we would encourage them to go forward with that, Ms. Ramsey's money
comes from a fund which we do not control; therefore, I think the motion that is appropriate here is
only that we would support and recommend to the Bec that we would encourage them to approve this
concept to go forward, but I don't think we need to do anything other than that.
Speaker: Rick Medwedeff
I agree. There is nothing eise here for the TDC here to decide especially if Paradise is going to use their
money how they see fit to use it.
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Speaker: Mr. Hill
Unless Paradise wants to move its money around; I am not sure how they would.
Speaker: Mr. Sorey
I think the simplest thing is that we pay Paradise and they do with the money that they have contracted
to do.
Speaker: Commissioner Coyle
Ok we have a motion. Do we second it?
Speaker: Mr. Medwedeff
Second.
Speaker: Commissoner Coyle
Seconded by Mr. Medwedeff.
I would like to have some discussion on this. I think Cedar wants to say something about this. I think he
wanted to make sure that his primary purpose was to help the TDC, and his gracious offer of turning
back a $100,000 certainly does that, but it really is his money. Would you like to donate it to the
historical museum if we are not offended by that?
Speaker: Cedar Hames
I will defer this to this board to make that decision, whatever makes the most sense. OK?
Speaker: Commissoner Coyle
I think that the motion on the table at the present time essentially says: That's your money, and if you
want to donate it to someone you certainiy may do that.
Speaker: Mr. Sorey
And we would encourage you to do that.
Speaker: Commissioner Coyle
And we would encourage you to do that, and that the $100,000 previously granted by us doesn't need
to be re-certified, and other than that we don't have any involvement in this. So if you would like to
donate that money to the Marco Historical Museum wouid that disappoint you?
Speaker: Cedar Hames
No, not at all.
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Speaker: Commissioner Coyle
And if you do so, I will do my best to make sure there is a plaque out there that says the opening of this
museum and these exhibits was made possible by contributions from you and your firm.
Speaker: Mr. Sorey
Or maybe we can put Ceder's head on one of the Indians out there. We could probably do that.
Speaker: Cedar Hames
May I retract that suggestion?
Speaker: Commissioner Coyle
OK. Are there any other questions, all In favor of the motion please signifiy by saying aye.
Speakers: Group Simultaneous Responses
Aye.
Speaker: Commissioner Coyle:
Any Opposed? (No comments.)
OK, the motion passes unanimously. Taking a 10 minutes break and everybody be back at 10:49.
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Contract # 10-5541
"TOURISM MARKETING SERVICES"
THIS AGREEMENT, made and entered into on this _ day of . 20~
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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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 P.s. 125.0104. Travel mileage reimbursement is to be paid at the current
authorized rate.
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Reimbursable items other than travel expenses shall include, but not be limited to the
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.
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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:
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.5., 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
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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
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
8. OWNERSHIP OF DOCUMENTS:
County shall be the owner of all documents and materials produced pursuant to this
Agreement and Paradise Advertising & Marketing, Inc. shall not receive any additional
compensation for their use or reproduction by the County. The County shall be the
owner of and be in possession of all intellectual property created or furnished pursuant
to this Agreement, including, but not limited to drawings, layouts, photography, film,
video and printed documents, unless specifically exempted by the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance. Upon termination of this Agreement, Contractor will
bill the County for all amounts not previously billed and due Contractor at that time.
Contractor will not be entitled to payment for any advertisement if work on it
commenced after Contractor received notice of termination. Contractor will be entitled
to payment for services for advertisements connnenced 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 Liabilitv: 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 Reauirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
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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.
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.
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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.
18. A V AILABIUTY 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, conveyor 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 IIl, 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.
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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.
22. KEY PERSONNElJPROTECT STAFFING: The proposer's personnel and management to
be utilized for this project shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to insure that
competent persons will be utilized in the performance of the contract. Selected firm shall
assign as many people as necessary to complete the project on a timely basis, and each
person assigned shall be available for an amount of time adequate to meet the dates set
forth in the Project Schedule. Firm shall not change Key Personnel unless the following
conditions are met: (1) Proposed replacements have substantially the same or better
qualifications and/or experience. (2) that the County is notified in writing as far in
advance as possible. Firm shall make commercially reasonable efforts to notify Collier
County within seven (7) days of the change. The County retains final approval of
proposed replacement personnel.
23. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal and/or the
Contractor's Proposal, the Contract Documents shall take precedence. In the event of any
conflict between the terms of the RFP and the Contractor's Proposal, the language in the
RFP would take precedence.
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3/22/2011 Item lOA
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.
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Dated:
(SEAL)
Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
Contractor:
PARADISE ADVERTISING & MARKETING, INC.
By:
First Witness
Signature
tTypejprint witness namet
Second Witness
Typed signature and title
tTypejprint witness namet
9
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3/22/2011 Item lOA
EXHlTIB "A"
CONTRACT 10-5541 - TOURISM MARKETING SERVICES
RATE SCHEDULE
SERVICE I POSITION
Director Strategic Planning
Brand Development Director
Director of Account Service
Account Supervisor
Account Manager
Account Executive
Account Coordinator
Media Director/Planner
Media Buyer
Media Coordinator
Administrative Services
Accounting Manager
Traffic
Research - In house Director
Research - In house Coordinator
Creative Director
Associate Creative Director
Senior Copywriter
Copywriter
Designer
Senior Art Director
Art Director
Broadcast Production Supervision
Production Supervisor-Print
Production Supervisor-Digital
CCT RATF/HOUR NOTES
$300.00 Included in fee
$300.00 Included in fee
$250.00 Included in fee
$175.00 Included in fee
$150.00 Included in fee
$125.00 Included in fee
$100.00 Included in fee
$200.00 Included in fee
$150.00 Included in fee
$100.00 Included in fee
$50.00 Included in fee
$125.00 Included in fee
$100.00 Included in fee
$200.00 lncluded in fee
$100.00 Included in fee
$250.00
$200.00
$175.00
$150.00
$175.00
$175.00
$150.00
$200.00
$150.00
$175.00
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Packet Page -638-
SERVICE I POSITION
Prod uction Coordina tor
Proofreading
In-house Video Services
In-house Photograph Services
In house A udio 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
CCT RATF/HOUR
$100.00
$100.00
$200.00
$200.00
$200.00
$200.00
$150.00
$125.00
$150.00
$100.00
$200.00
$200.00
$150.00
$175.00
$125.00
$100.00
$150.00
$200.00
$250.00
$175.00
$125.00
3/22/2011 Item lOA
NOTES
Covered under fee up to $6,000 in PR time
Covered under fee up to $6,000 in PR time
Covered under fee up to $6,000 in PR time
Covered under fee up to $6,000 in PR time
Covered under fee up to $6,000 in PR time
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 -639-
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