Okaloosa County BOCC — April 28, 2016 — Agenda Packet — reading text

DIS 1201 North Town Center Drive Las Vegas, NV 89144 Section 13. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit R of the parties and no right or cause of action shall accrue to or for the benefit of any third party that FO is not a formal party hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon or give any person or corporation other than the parties any right, remedy, or claim under or by reason of this Agreement or any provisions or conditions of it; and all of the AF provisions, covenants, and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties. T Section 14. Governing Law and Venue. The validity, construction and performance of this R Agreement shall be governed by the laws of the State of Florida. Venue for any action arising out of this Agreement shall be in Okaloosa County, Florida. D Section 15. Severability. If any portion of the Agreement, the deletion of which would not adversely affect the receipt of any material benefit by either party, is for any reason held or declared to be invalid or unenforceable, such determination shall not affect the remaining portions of this Agreement. If this Agreement or any portion of this Agreement is held or declared to be inapplicable to any person, property or circumstance, such determination shall not affect its applicability to any other person, property or circumstance. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Agreement. Page 4 of 8 Packet Pg. 36  1.f.a ALLEGIANT AIR, LLC __________________________________________ Kim Downing, Advertising Manager Dated: ____________________________________ Witnesses: _______________________________________ Signature NLY Attachment: I. f. Allegiant Contract (5540 : Allegiant Air contract (Ed Schroder)) _______________________________________ Printed Name O _______________________________________ N Signature IO _______________________________________ Printed Name SS CU ATTEST: OKALOOSA COUNTY, FLORIDA DIS __________________________________________ _________________________ Charles K. Windes, Jr., Chairman J.D. Peacock, II Clerk and Comptroller R Dated: ____________________________________ FO AF T R D Page 5 of 8 Packet Pg. 37  1.f.a EXHIBIT A SCOPE OF SERVICES SCOPE: Contractor agrees to perform advertising and marketing services in accordance with the media schedule attached as EXHIBIT B (the “Media Plan”), as may be amended in writing and executed by the parties quarterly. Advertising and marketing services shall include, but not be limited to, creative, production, media planning and purchasing, and paid media. Contractor will be reimbursed for actual paid media costs only. Paid media costs consist of third-party charges for actual media placements and production such as Traditional Paid Media (Print, N Outdoor, Broadcast) and Online Paid Media (Display Advertising, Facebook, Google Keyword, LY Attachment: I. f. Allegiant Contract (5540 : Allegiant Air contract (Ed Schroder)) etc.). Contractor shall develop all creative at no cost to the County. O PAID MEDIA APPROVAL: The County recognizes the importance of the Contractor’s ability to remain flexible in placing media that is responsive to market conditions. On a quarterly basis N in advance, the Contractor shall provide an updated Media Plan identifying, at minimum, the IO media type, market, unit, impressions, and cost. The Media Plan will be presented to the Tourist Development Council and Board of County Commissioners for approval at a regularly scheduled SS meeting. The Board-approved Media Plan will be provided to the Contractor and shall be included as backup with each invoice. Actual dollar spend may shift by week, but will not exceed the quarterly total. CU Contractor shall obtain prior approval from the County before placement of any media. To D obtain approval for a specific media placement, Contractor shall email the Tourist Development IS Department Director (TDD Director) the media buy sheet and associated creative. The media buy sheet will be approved in accordance with the County’s procurement approval thresholds. The creative will be approved by the TDD Director. The approved media buy sheets and R approved creative will be provided to the Contractor and shall be included as backup with each invoice. FO PROCUREMENT: In consideration as to whether a particular vendor or media source meets AF the needs of the County, the Contractor may consider, but is not limited to, price, size, placement T location, added value items (e.g. online banners, e-blasts, social media), time of day, season, and target audience. Competitive pricing from media sources that reach the desired target audience for media placements and comply with FAA regulations for fare-based advertising is obtained by R the Contractor’s media buying team, and shall be deemed to satisfy the competitive bid process D of the County’s Purchasing Manual. REPORTING: Quarterly reporting of advertising and marketing services and relevant performance metrics (e.g. incremental web traffic, conversions, flights in/out by point of origin, percentage of deplaning passengers who booked lodging in Okaloosa County) shall be provided by the Contractor within 30 days of quarter-end. Quarters are defined as January-March, April- June, July-September, and October-December. Reimbursement for paid media services may be withheld pending receipt of quarterly reports. Page 6 of 8 Packet Pg. 38  1.f.a USE OF LOGO: The Emerald Coast logo shall be used in the Contractor’s advertising and marketing of Sub-County Taxing District. However, the County recognizes including the Emerald Coast logo in all advertisements may not be feasible. The TDD Director may waive the logo requirement on a case-by-case basis when approving creative. PRIORITY LODGING PARTNERS: Contractor agrees to ensure that Okaloosa County lodging properties (hotels and rental management companies) appear prominently (i.e. before those of neighboring counties) on the Hotel section of the Contractor’s website. This programming is in progress and will be completed no later than December 2016. Until this programming is complete and the Contractor is able to comply with the priority lodging partner (VPS). N requirement, the Priceline hotel search option will be deactivated for Destin-Fort Walton Beach LY Attachment: I. f. Allegiant Contract (5540 : Allegiant Air contract (Ed Schroder)) FLIGHT SCHEDULE: The following are examples of different flight schedules that the O Contractor may provide. These schedules may be modified at any time in the sole discretion of the Contractor: Non-stop service from Destin-Fort Walton Beach (VPS) to Cincinnati (CVG) a N minimum of two days per week from May 20 through mid-October and non-stop service from Destin-Fort Walton Beach (VPS) to Belleville/St. Louis (BLV) a minimum of two days per week IO from June 2 through mid-October. Contractor further agrees to provide non-stop service from Destin-Fort Walton Beach (VPS) to Memphis (MEM), Oklahoma City (OKC), Knoxville (TYS), August. SS and Fort Lauderdale (FLL) a minimum of two days per week from late May through mid- C Contractor is interested in expanding its operation at Destin-Fort Walton Beach (VPS). This U could include flying a longer season, increasing the number of weekly flights, or adding more destinations in 2017. Expansion decisions are driven by the success of current flights and D bookings, as well as available resources, i.e., crews and planes. IS R FO AF T R D Page 7 of 8 Packet Pg. 39  D R AF T FO R D IS Page 8 of 8 C MEDIA PLAN EXHIBIT B U SS IO N O N LY