Okaloosa County BOCC — December 31, 2012 — reading text

the Tourist Development Department. Pursuant to County policies, a Selection Committee reviewed and ranked the 17 proposals which were submitted in response to the RFQ. The Selection Committee’s rankings were presented to the Board of County Commissioners (the “Board”) at its October 2, 2012 meeting, and the Board approved entering into negotiations with Peter Mayer. BACKGROUND: The attached Agreement has been negotiated with Peter Mayer for advertising and various marketing services in regard to the Tourist Development Department. The Agreement incorporates the requirements contained in the RFQ, applicable provisions of the County’s Purchasing Manual, Contracts/Leases Policies and Procedure Manual, and Tourist Development Operations and Procedures Manual. The following is an abbreviated list of pertinent terms included in the Agreement: • Scope of Services is outlined in EXHIBIT A to the Agreement and separates the services under the Agreement into three areas: o Base Services o New Product Development Services o Paid Media and Pass Through Costs • Compensation for those respective areas are as follows: o Base Services shall not exceed $36,465 per month. o New Product Development Services will be billed at $115 per hour and will require a task order, which shall specify the scope of services and an estimated not-to-exceed cost. o Paid Media and Pass Through Costs will be billed at actual cost with no markup. The County has the discretion to pay vendors directly for paid media and pass through costs. • Term of the Agreement is for three years beginning on November 20, 2012 and ending on September 30, 2015 with an option to extend the Agreement for two additional 1-year extensions upon mutual consent of the parties. Packet Pg. 107  6.2.a Termination. The County may terminate the Agreement without cause by providing 60 days written notice to the Agency. The County may also terminated the Agreement with cause if there is a material breach of the Agreement which is not cured within 20 days after the receipt of written notice of the breach. OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Approve entering into the attached agreement with Peter A. Mayer Advertising, Inc. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 108  6.2.a.a Packet Pg. 109 Attachment: Completed Coordination for Peter A Mayer contract (1181 : Agreement with Peter A. Mayer Advertising, Inc.)  6.2.a.b AGREEMENT BETWEEN PETER A. MAYER ADVERTISING, INC. AND OKALOOSA COUNTY, FLORIDA FOR MARKETING, ADVERTISING, PUBLIC RELATIONS, WEBSITE MANAGEMENT, RESEARCH, SOCIAL MEDIA AND SOCIAL NETWORKING Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) This Agreement made and entered into this ____th day of December, 2012, by and between Okaloosa County, Florida, a political subdivision of the State of Florida (the “County”) and Peter A. Mayer Advertising, Inc. (the “Contractor”) for the provision of marketing, advertising, public relations, website management, research, social media marketing and social networking for the County as more particularly set forth herein. WITNESSETH: WHEREAS, the COUNTY has determined that a marketing, advertising, public relations, website and research services, and social media program has aided in increasing tourism and improving the overall economy of Okaloosa County; and WHEREAS, the COUNTY has concluded that the services of a professional marketing, advertising, public relations, website management, social media and research agency are needed to continue to support the established successful program; and WHEREAS, the Board of County Commissioners, through a selection process conducted in accordance with the requirements of law and County policy, has selected CONTRACTOR as the professional agency for the aforementioned purpose; and WHEREAS, the CONTRACTOR has professional staff available to perform these functions and provide the services required under this Agreement; and WHEREAS, the COUNTY seeks to engage the CONTRACTOR for the purposes of providing these services. NOW THEREFORE, in consideration of the above and the mutual covenants contained herein, the parties agree as follows: ARTICLE I: RECITALS 1.1 The above recitals are incorporated as essential terms of this Agreement. ARTICLE II: SCOPE OF SERVICES 2.1 The CONTRACTOR will create, plan and execute the marketing, advertising, public relations, website management, research, social media marketing and social networking program for the COUNTY directed toward improving the COUNTY’s economy through tourism in accordance with the Scope of Services set forth in EXHIBIT A attached hereto and incorporated by reference. 1 Packet Pg. 110  6.2.a.b 2.2 The CONTRACTOR shall provide a mutually agreeable Account Executive(s) for support of the COUNTY’s marketing, advertising, public relations, website management, research, social media marketing and social networking programs. The Account Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) Executive(s) will be available to the COUNTY at all times as necessary for the proper performance of this Agreement by the CONTRACTOR. ARTICLE III: COMPENSATION AND INVOICES 3.1 Compensation under this Agreement shall be as set forth in EXHIBIT A attached hereto and incorporated by reference. 3.2 TASK ORDER PROCESS. All additional services, outside the scope of Marketing and Advertising services (“Base Services”) specifically set forth in EXHIBIT A, performed under this Agreement shall be pursuant to the written task order procedures of the County’s Contracts and Leases Policies. Each Task Order shall contain a detailed scope of services, an estimated not-to-exceed cost and an authorization to proceed with executing the activities set forth in the Task Order. Once a fully authorized Task Order has been issued to the CONTRACTOR, they may proceed with the provision of such services or acquisition of such goods and, upon submittal of proper documentation, will be entitled to payment or reimbursement as set forth in the Task Order. A. A task order for services up to $25,000 requires approval by the Director of Tourist Development Department and Purchasing Director. B. A task order for services above $25,000 and up to $50,000 requires approval by the Director of Tourist Development Department, Purchasing Director and County Administrator. C. A task order for services over $50,000 requires approval by the Board of County Commissioners. 3.3 The CONTRACTOR shall submit copies of effective contracts, insertion orders, a recapitulation of credits and debits affecting previously submitted statements or invoices and substantiating bills, and tear sheets, with support materials or other proof of publications for invoices presented for payment. 3.4 It is mutually agreed and understood that payments to the CONTRACTOR for approved expenditures shall be made only upon submission to the COUNTY of itemized copies or original invoices. All statements or invoices for fees for services rendered submitted by the CONTRACTOR to the COUNTY shall be submitted in detail sufficient for proper pre-audit and post-audit thereof to insure that the work performed, expense incurred, or service rendered actually took place, was properly authorized and that the correct amount has been charged. Invoices submitted by the CONTRACTOR for services performed under this Agreement shall be itemized such that the description of services performed is consistent with the description included in the scope of services attached hereto as EXHIBIT A. 2 Packet Pg. 111  6.2.a.b 3.5 No invoice will be processed without the executed task order, purchase order or contract/lease payment approval form approved by the respective County official(s). No invoice will be approved unless a copy of the actual invoice from the vendor accompanies the Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) invoice reflecting the acquisition of goods/services. 3.6 It is mutually agreed that invoices submitted to the CONTRACTOR for approved expenditures shall be paid promptly on desired dates and advantageous issues, and earn cash discounts, where applicable, for such prompt payment. It is further agreed that all available cash discounts, which can be obtained from media or other service providers by the CONTRACTOR for prompt cash payment, shall be taken by the CONTRACTOR, and shall be credited to the COUNTY provided that the CONTRACTOR receives timely payment from the COUNTY in order to take advantage of such cash discounts. 3.7 No advancement of funds will be issued unless specifically approved by the Board of County Commissioners. 3.8 In the event a portion of an invoice submitted to the COUNTY for payment to the CONTRACTOR, as specified above, is disputed, payment for the disputed amount may be withheld pending resolution of the dispute, and the remainder of the invoice(s) will be processed for payment without regard to that portion which is in dispute. ARTICLE IV: INDEPENDENT CONTRACTOR 4.1 It is mutually agreed that the CONTRACTOR is and shall remain an independent contractor and is not an employee or agent of the COUNTY. 4.2 COUNTY NON-LIABILITY. The CONTRACTOR agrees to exercise its best judgment in the preparation and placing of all advertising and in the planning and execution of all other promotional activities, with a view to avoiding any claims, proceedings, or suits, or suits of non-payment, being made or instituted as a result thereof. However, nothing contained herein shall be deemed to obligate the COUNTY to indemnify the CONTRACTOR against any loss or damage which the CONTRACTOR may incur as a result of any claim, suit or proceeding made or brought against the CONTRACTOR based upon any advertising or publicity prepared by the CONTRACTOR for the COUNTY. ARTICLE V: PURCHASES AND PAYMENTS 5.1 All