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Agenda 07/28/2009 Item #16F11it 'i i 1�4o. i6F I I ✓ J't! L8, 0G9 -1ge 1 of 8 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves Change Order #3 on Contract 06 -4007 with Paradise Advertising and Marketing, Inc. for up to $918,000 in additional billing at gross in accordance with their agreement with Collier County and authorizes the Chairman to execute the Change Order. OBJECTIVE: Approve Change Order #3 for additional expenditures of up to $918,000 with Paradise Advertising and Marketing, Inc. above the agreed $2,000,000 level at gross rate. CONSIDERATIONS: The First Amendment of the agreement with Paradise Advertising and Marketing, Inc. dated October 9, 2007 (attached) indicates a monthly service fee in the amount of $25,000 ($300,000 annually). This service fee covers the standard agency commission of 15% on all media and production costs for regular and emergency advertising up to an aggregate of $2,000,000 annually. The agreement further stipulates that media or production billing for regular and emergency advertising over an aggregate of 82 million annually will be added by change order and will be billed by Paradise Advertising and Marketing, Inc. at gross, reflecting a commission of 15 %. The approved Tourism Department FY 09 budget for marketing and advertising is $2,400,000 so some of the additional expenditures with this action are pre - authorized in the FY 09 budget as approved by the County Commission. Paradise has billed $1,688,216.1.9 to date for media and production with another $311,783.81 committed but not yet billed by Media Insertion Orders and approved Production Estimates for a total paid or committed to date of $2,000,000. The agency is projecting the expenditure of an additional $918,000 in media and production for a total of 82,918,000 billed to the end of the current fiscal year ending September 30, 2009. ADVISORY COMMITTEE RECOMMENDATIONS: The TDC recommended approval of the additional billing in a 9 -0 vote at the June 22, 2009 meeting. COUNTY ATTORNEY FINDING: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG FISCAL IMPACT: The additional 8918,000 is available in the approved FY 09 marketing and promotion budget in Fund 184 and Fund 196. RECOMMENDATION: That the Board of County Commissioners approves Change Order #3 on Contract 06 -4007 with Paradise Advertising and Marketing, Inc. for up to $918,000 in additional billing at gross retecting the standard agency commission of 15°"o' and authorizes the Chairman to execute the Change Order. PREPARED BY: Jack Wert, Tourism Director Pa;_re I of I COLLIER COUNTY 50 4. P D CF -- 0 U N T Y Cr1E PA!SS'ICNERS Item Number: ",6F11 Item Summary: Recommendation that the Board of County Commissioners approves Change Order #3 on Contact 06 -4007 with Paradise Advertising and ttt;arketing, inc. for up to $918.000 in additional billing at Gross in accordance with their agreerrert with Collier County and authorizes the Chai,-rar to execute the Chancre Order. Meeting Date: 71261?D09 _00 00 AM Prepared By .tack Wert Tourism Director Date County rp anager's Office Tour srn 7 1412069 4:12:17 PM Approved By Colleen Greene Assistant County Attorrer Date County Attorney COLInty Attorney Office 7115/2009 16: 3 3 ACV{ Approved By jack Wert Tourism Director Date County 14anager's Office Tourism 71151200t? 16:51 AM Approved By .tsv e Carvell Purchasing/General Sv , Director Date Adr~rirt!strative Servi es PUrC IaSi"1.^ fit q12 na ?: 59 AM Approved By L,4 n VVDod Furcilasirtg Anc -nt Date Administrative Services Furci-.asing 7/1612009 8:43 A10 Approved By Jeff K!atzko%)v County Attorney "date County Attorney County Attorney k7 ;ffi -e Approved By OMEZ Coordinator OME Coordinatr,r Date county Of lc� O':,ce of & Budv t r (1'20 3 i2:48 PM Approved By C;ttr':ty Marta, C—:"S Of iCe t.ifr. �` r41?6. t,lent r 4i a.E't t. ! ,.l ✓.�' ?.,55 PIM Approved By Leo E. �DChs, Jr. DCOLAV COUntV r n -T,-.r Date z }Brd, of C :itt County Wa a- -. , .. ` iC 17 :2:' S -:iii P14 Cori m -j ssiof:ers file: / /C:AALrendaTest \Ext)ort \l �')3- .Iuly% 2028_°/, 202009 \I6_()1'02O('ONSF,NT %,?OAC,FNnA \1 __ 7/220009 1 FIRST AMENDMENT 2006 TOURISM MARKETING SERVICES AGREEMENT (CONTRACT 406 -4007) BETWEEN COLLIER COUNTY AND PARADISE ADVERTISING AND MARKETING, INC. This First Amendment to the 2006 Tourism Marketing Services Agreement, made this 9 k- day of Oc.f 6cr- , 2007, (hereinafter referred to as "First Amendment "). is entered into by and between the Board of County Commissioners of Collier County. Florida (hereinafter referred to as "COUNTY "), and Paradise Advertising and Marketing, Inc. (hereinafter referred to as "CONTRACTOR "). WITNESSETH: WHEREAS, the COUNTY and CONTRACTOR entered into a 2006 Tourism Agreement dated October 10, 2006 ("the "Agreement ") with CONTRACTOIL and W'FIEREAS, the COUNTY and CONTRACTOR desire to further amend the terms of the Agreement. NOW, THEREFORE, in consideration of valuable consideration and the premises and mutual covenants hereinafter set forth, the parties agree as follows: 1. Section 4 of said Agi-eemcnt is hereby deleted in its entirety and the following paragraph is inserted in its place: AGENCY FEE. For regular and emergency advertising, the County agrees to pay the Contractor a fee of Twenty -Five Thousand Dollars ($25.000.00) per month based upon a total annual fee of Three Hundred The: -,sand Dollars ($300.000.00) as consideration for all professional time devoted to account administration, client meetings, strategic planning, media planning, media negotiation, media placement. broadcast traffic and billing. All media and production costs for regular and emcmencv advcnisirig. including but not limited to, creative and outside vendor costs up to an aggregate of Two Million Dollars ($2,000.000.00) annually will be billed to the County at net, so that the County receives any available agency discount. Media or production billing for regular and emergency advertising over an aggregate of Two Million. Dollars ($2,000,000.00) annually will be added by chanuc order and will be billed at cross, reflecting a commission of fifteen percent (15' ° -o) payable to Contractor. The Contractor fee will be billed on the first day of each month beginning October 1, 2006. The County Muscum advertising budget is One Hundred Twenty Thousand Dollars ($120,000.00) and will be billed at gross, reflecting a Contractor commission of fifteen percent (I 51,o). A I I. charges '-r au'velliSn��, i)roduulion, photo- raphv, on -line production design, printing direct mail, audiovisual production services, marketing research and museum promotional activity will be estimated by the Contractor and authorized in writing by the Tourism Director or his designee and billed on a project basis. Out -of pocket expenses will be billed at net. The Contractor agrees. if requested by the County, to provide emergency pro bono publicity and public relations services, up to Six Thousand Dollars ($6.000.00) in staff time on an atmual basis. Additionally, the Contractor will make publicity and public relations —ices - -- { over and above the emergency budact available on an as- needed basis, estimated in advance i)n _in c s t tmate form and subnti teed to the T.`,... ni L)Iree« Or 1tiS de5l nCe ti �r pr76r w 7litcri approval before expenses are incurred. F IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. 1�12,ao7 DA F: BOARD OF COUNTY COMMISSIONERS A "ES: ..... COLLIER COUNTY, FLORIDA DICT'. BQC Clerk 31 _ By: ACOLETTA. w.iyy,y��I Clerk JA Chairman Y,SF i( "A'1 v o C4 1 g Approved as to form and legal sufficiency: Heidi Ashton- tcko Assistant County Attorney WITNESSES: Signature � -' � Printed.7vped Name LJ (2) Sra (natut� Printed /Typed Name C117D, 01 ' Amend 2007 Paradise Advertising S Mark-eting, [nc. CONTRACTOR: PARADISE ADVERTISING AND MARKET INC. CEDAR HAM ES,�President M 1q 0. 1 F 1 Ji'y' vn. }'1 vi Re- VI'scd 1-d1-0 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Tourism Marketing Services PROJECT #: n/a BIDIRFP #: 06 -4007 MOD #: 4 PO#: 4500099687 WORK ORDER #: N DEPARTMENT: Tourism CONTRACTOR/FIRM NAME: Paradise Advertising and Marketing Original Contract Amount: $ 2.350,000 (Starting Point) Current BCC Approved Amount: $ 3,738,836 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 3,738,8366 (Including All Changes Prior To This Modification) Change Amount: $918,000 Revised Contract/Work Order Amount $ 4,656,836 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order. i 156;$58 3 O6 r �� Date of Last BCC Approval 6/9/09 Agenda Item # 16F2 Percentage of the change overfunder current contract amount 25 Formula: (Revised Amount ;Last BCC approved amount) -1 CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: onaoina This change order will: ❑ Add a new Task for #_918.000 ❑ Increase Task Number by $ Other Describe the change(s): Additional expenditures of up to $918,000 to fund the tourism department summer marketing campaign at gross amount as follows: Media and production costs: up to $918.000 Total: $918,000 Specify the reasons for the change(s) f% 1. Planned or Elective r 2. Unforeseen Conditions r 3. Quantity Adjustments r` 4. Correction of Errors (Plans, Specifications or Scope of Work) r' 5. Value Added r' 6. Schedule Adjustments Note: One or more may be checked, depending on the nature of the change(s). Identify all negative impacts to the project if this change order were not processed: Funds are necessary for the summer marketing campaign since previous funding for the campaign was utilized for first quarter advertising at the directlon of the TDC and Board of County Commissioners This change was requested by: r7iContractor /Consultant 1771 Owner n Using Department r ODES [!Design Professional rlRegulatory Agency (Specify) ► Other (Specify) CONTRACT SPECIALIST PARTICIPATION IN NEGOTIATIONS: r' Yes No This form is to be signed and dated. Revised 6 18 09 3 This form is to be signed and dated. APPROVED BY: Project Manager REVIEWED BY: Date: ContrXffl 8ialis't Revised 6 18 09 Date: 7/15109 o. 'u!v J 1 "5 ag, e of 8 CHANGE ORDER CHANGE ORDER NO. 3 TO: Paradise Advertising and Marketing 150 Second Avenue North 9 800 St. Petersburg FL 33701 CONTRACT NO. 06 -4007 BCC Date: 10/10/06 Agenda Item: I OG DATE: 7!9/09 PROJECT NAME: Tourism Marketing Services PROJECT NO.: N/A Under our AGREEMENT dated October 10. 2006 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Aureement: Additional expenditures of up to $918,000 to fund the tourism department summer marketing campaign at gross amount as follows: Media and production costs: up to $918,000 Total: $919,000 FOR THE (Additive) Sum of: Nine hundred eighteen thousand dollars ($ 918,000 ). Original Agreement Amount Sum of Previous Changes This Change Order adds Pr PCPiIY A or.—F -m Pnt Amount $ 2.3 50.000 $ 1.388.836 $ 918.000 $ 4.K 26.836 The time for completion shall be increased by 0 calendar days due to this Change Order. Accordingly, The Contract Time is now n'a calendar days. The substantial completion date is n/a and the final completion date is n'a Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein. including claims for impact and delay costs. CHANGE ORDER JULY 28, 2009 Page 2 of 2 Accepted: 7/// 20�_ CONTRACTOR. Paradise Advertising and Marketing Cedar Flames, President ATTEST: Dwight E. Brock, Cleik By: Approved As To Form and Legal Sufficiency: Asunt County �-Attorney - --j,,J I y 28. 2 0,"'1 9 r,a,)e o 0 OWNER: BOARD OF COUNTY COMbUSEMNM Of COLLIM COUNTY, FWRI]DA. By. Drama Fiala, Cb6nrum i