Media Buying Services for Various Departments, Boards & Agencies

fij p r'r F' n ,r; p; !N HARO 6 ""' CONTRACT for MEDIA BUYING SERVICES BLANKET PURCHASE ORDER NUMBER BP840003 THIS CONTRACT entered into this 22nd day of February, 2018 by and between the CITY OF WICHITA, KANSAS, a municipal corporation, hereinafter called "CITY'', and COPP MEDIA SERVICES, INC. whose principal office is at 322 South Mosley, Suite 15, Wichita, KS 67202 Telephone Number (316) 425-7065 hereinafter called "CONTRACTOR". WITNESSETH: WHEREAS, CONTRACTOR has submitted the proposal most beneficial to the CITY and is ready, willing, and able to provide the commodities and/or services required by the CITY. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. CONTRACTOR shall provide to the CITY all those commodities and/or services as specified in the attached. Exhibit C, and in its response to Formal Proposal Number- FP740058, which are both. incorporated herein by this reference the same as if it were fully set forth. The proposal package provided by the

City of Wichita as part of the letting process for Formal Proposal -FP740058 shall be considered a part ofthis Contract and is also incorporated by reference herein. The order of precedence, in case of disagreement in terms, shall give first priority to the express terms of this Contract including it Exhibits, followed by the Contractor's proposal, and then the City's. proposal package. 2. Compensation. CONTRACTOR shall receive compensation for its services for the Various Departments, Boards and Agencies of the City of Wichita as set out in Exhibit B to this Contract, as approved by City Council on February 27, 2018. Billing Terms - Net Thirty (30) Days 3. Term. The term of this Contract shall be for the partial year running from February 27, 2018 through January 31, 2019, with options to renew the Contract under the same terms and conditions for four (4) successive one (1) year terms by mutual agreement of the parties. This Contract is subject to cancellation by the CITY, at its discretion at any time.within the original contract term or within any successive renewal, upon thirty (30) days written notice to CONTRACTOR. 4. indemnification and Insurance. a. CONTRACTOR shail save and hold the CITY harmless against all suits, claims, damages and losses for injuries to persons,. property or other liability loss arising from or caused by errors, omissions or negligent acts of CONTRACTOR, its officers, agents, servants, or employees, occurring in the performance of its services under this Contract, or arising from any defect in the materials or workmanship of any product provided in the performance of this Contract. 5. Independent.Contractor. The relationship of the CONTRACTOR to the CITY will be that of an independent contractor. No employee or agent of the CONTRACTOR shall be considered an employee of the.CITY. 6. Compliance with Laws. CONTRACTOR shall comply with all laws, statutes and ordinarices which may pertain to the providing of services under this Contract. 7. No Assignment. The services to be provided by the CONTRACTOR under this Contract are personal and cannot be assigned, sublet or transferred without the specific written consent of the CITY. 8. Non-Discrimination. CONTRACTOR shail comply with all applicable requirements of the City of Wichita Revised Non-Discrimination and Equal Employment [Affirmative Action Program Requirements Statement for Contracts or Agreements attached hereto as Exhibit A. 9. Third Party Exclusion. This Contract is intended solely for the benefit of City and Contractor and is not intended to benefit, either directly or indirectly, any third party or member(s) of the public at large. No third party may sue for damages based on the terms or performance of this Contract. 10. No Arbitration. The Contractor and the City shall not be obligated to resolve any claim or dispute related to the Contract by arbitration. Any reference to arbitration in. bid or proposal documents is deemed void. 11. Governing Law. This Contract shail be interpreted according to the laws of the State of Kansas. The parties agree that this Contract has been created in Kansas. 12. Representatives Authority to Contract. By signing this Contract, the representative of the Contractor represents the he or she is duly authorized by the Contractor to execute this Contract, and that the Contractor has agreed to be bound . by all its provisions. IN WITNESS WHEREOF, the parties have.set their hands the day and year first above written. CITY OF WICHITA, KANSAS amie Buster fF elt Deputy City Clerk Mayor APPROVED AS TO FORM: COPP MEDIA SERVICES, INC. dup Le ennifer Magaha City Attorney & Director of Law Title (President or Corporate Officer) EXHIBIT A REVISED NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PROGRAM REQUIREMENTS STATEMENT FOR CONTRACTS OR AGREEMENTS During the term of this Contract, the Contractor subcontractor, or supplier of the City, by whatever term identified herein, shall comply with the following Non-Discrimination--Equal Employment Opportunity/Affirmative Action. Program Requirements: A. During the performance of this Contract, the contractor, subcontractor, or supplier of the City, or any of its agencies, shall comply with all the provisions of the Civil Rights Act of 1964, as amended: The Equal Employment Opportunity Act of 1972; Presidential Executive Orders 11246, 11375, 11131; Part 60 of Title 41 of the Code of Federal-Regulations; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990 and laws, regulations or amendments as may be promulgated thereunder. Requirements of the State of Kansas:. 1. The Contractor shall observe the.provisions of the Kansas Act against Discrimination (Kansas Statutes Annotated 44-1001, et seq.) and shall not discriminate against any person inthe performance of work under the present contract because of race, religion, color, sx, disability, and age except where age is a bona fide occtipationa!l qualification, national origin or ancestry; In all solicitations or advertisements for employees, the Contractor shall include the phrase, Equal Gpportunity Employer", or a similar phrase to be approved by the "Kansas Human Rights Commission; lf the Contractor fails to. comply with the manner in. which the contractor reports to the "Kansas Human Rights Commission in accordance with the provisions of K:S.A. 1976 Supp. 44-1031, as amended, the Contractor shall be deemed to have breached this Contract and it may be canceled, terminated of stispended in whole or in part by the contracting agency; If the Contractor is found guilty of a violation of the Kansas Act against Discrimination under a decision or order of the "Kansas Human Rights Commission" which has become final, the Contractor shall be deemed to have breached the present Contract, and it may be canceled, terminated or suspended in whole or in part by the contracting agency; 5. The Contractor shall include the provisions. of Paragraphs 1 through 4 inclusive, of this Subsection B, in every subcontract or purchase so:that such provisions will be binding: upon such subcontractor or Contractor. Requirements of-the City of Wichita, Kansas, relating to Non- Discrimination -- Equal Employment Opportunity/Affirmative Action Program Requirements: 1: The. Contractor, supplier, or subcontractor shall practice Non- Discrimination -- Equal Employment Opportunity in all employment relations, including but not limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor, supplier, or subcontractor shall submit an Equal Employment. Opportunity or Affirmative Action Program, when required, to the Department of Finance of the City of Wichita, Kansas, in accordance with the guidelines established for review and evaluation; The Contractor, supplier, or subcontractor will, in all solicitations oF advertisements for employees placed by or on behalf of the Contractor, supplier, or subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, "disability, and age except where age is a bona fide occupational qualifica- tion", nationat origin or ancestry. In all solicitations or advertisements for employees the. Contractor, supplier, or subcontractor shall include the phrase, Equal. Opportunity Employer", or a similar phrase; The Contractor, supplier, or subcontractor will furnish all information and reports required by the Department of Finance of said City for the purpose of investigation to ascertain: compliance with Non-Discrimination -- Equal Employment Opportunity Requirements. If the Contractor, supplier, or subcontractor fails to. comply with the manner in which he/she or it reports to the. City in accordance with the provisions hereof, the Contractor, supplier, or subcontractor shall be deemed to have breached the present Contract, purchase order or agreement and it may be canceled, terminated or suspended in. whole or in part by the City or its agency; and further Civil Rights complaints, or investigations may be referred to the State; The Contractor, supplier, or subcontractor shail include the provisions of Subsections 1 through 3 inclusive, of this present section in every subcontract, subpurchase order.or subagreement so that such provisions will be binding upon each subcontractor, subcontractor or subsupplier. If the Contractor fails to comply with the manner in which the Contractor reports, to the Department of Finance as stated above, the Contractor shall be deemed to have breached this Contract and it may be canceled, 5 terminated or suspended in whole or in part by the contracting agency; D. Exempted from these requirements are: 1. Those contractors, subcontractors, or suppliers who have jess than four (4) employees, whose contracts, purchase orders or agreements curnu- latively total less than five thousand dollars ($5,000) during the fiscal year of said City are exempt from any further Equal Employment Opportunity or Affirmative Action Program. submittal. Those suppliers, contractors or subcontractors: who have already complied with the provisions set forth in this section. by reason of holding a contract with the Federal government or:contract involving Federal funds; provided that such contractor, subcontractor, or supplier provides written notification of a compliance review and determination of an acceptable compliance posture within a preceding forty-five (45) day period from the Federal agency involved. EXHIBIT B COMPENSATION METHODOLOGY The CONTRACTORS compensation for traditional and. digital media planning and buying will be 17.65% of the net amount invoiced by media outlets on media buy placements. Example: Net amount invoiced and payable to a media outlet of $850 multiplied by 17.65% equals the agency commission of '$150:for a total compensation due the CONTRACTOR of $1,000 for the media buy placement and commission ($850 x 1.1765 = $1,000). The hourly rate :of $125. applies to:search engine optimization and social media management. : CONTRACTOR will not charge CITY for meeting time, travel time, normal postage, copies, long distance phone charges, etc. EXHIBIT C SCOPE OF SERVICES The CITY is requesting media planning and buying services, search engine optimization, and social media management necessary to implement the CITYs planned marketing initiatives, The following services are to be performed under the direction of the CITYs Strategic Communications Director or designee. Additional services of similar character may be added to this scope: 4. NO Oe a Responsible for media: planning and buying, including demographic research, targeting media.to reach specified audiences in specific geographical areas so that the most effective means of communication are utilized. Must monitor the performance of digital ads and make adjustments when necessary. Must provide analytic reports and make:cost effective buys. Must be able to present proposed schedules for traditional media buys based:on current ratings or circulation information, within required time requested to do so. These schedules: should include an analysis showing why the specified media was chosen, the projected each, frequency, and estimated. cost. Digital ads must be placed and monitored to achieve a high number of clicks, impressions, and click-through-rate. Placement must be based on demographic research, targeted geographic areas, and must fit the. overall strategy. Negotiate added: value when possible. This: may. take.the form of bonus air time, program or event sponsorships, and other appropriate opportunities. Electronic distribution of ads to the designated stations. and/or publications. Keep track of accounts and keep buys. within budget limitations. Responsible for negotiating in-kind contributions with various companies. Responsible for responding to all vendor/advertiser calls, evaluating advertising opportunities and presenting them to CITY. Research and evaluate a variety of advertising opportunities: (sponsorships, tradeshows, etc.) and make recommendations to CITY. Ensure that media buys. are placed as scheduled:and in. the form submitted; must provide affidavits of performance. 10. Obtain tear sheets, either hard copy or electronic, of print ads. Copp Media Services, Inc. 3109 N. Ridge Port St. Wichita, KS 67205 Ladies &/or Gentlemen: Finance Department CITY OF WICHITA January 4, 2021 18840003 The City of Wichita wishes to exercise its option to renew its contract dated February 22, 2018, with your firm to provide Media Buying Services for the Various Departments, Boards and Agencies {Commodity Code Number - 91501} (Formal Proposal - FP7 40058) of the City of Wichita. This is to be per your proposal and the specifications of October 23, 2017, and as approved by the City Council on February 27, 2018. The renewal of this contract shall be for a one (1) year period, from February 1, 2021 through January 31, 2022, with options to renew under the same terms and conditions for one (1) additional one (1) year period by mutual agreement of both parties. This contract is subject to cancellation upon thirty (30) days written notice by the City of Wichita. We ask that a current Certificate of Insurance for your company be submitted to our office. The City of Wichita, 455 N. Main, Wichita, Kansas, 67202, should be listed as the Certificate Holder and named as an Additional Insured. The attached Exhibits A and B are now mandatory addenda to all City Purchasing contacts. They are incorporated into this renewal of the original contract by reference, and acceptance of this contract renewal acts as an acceptance of these additional terms. If you are in full agreement with the renewal of this contract, please have the president or a corporate officer of your company sign and return this letter to our Purchasing Office. A copy should be retained for your files. MAW/LH/vc Attachment CC:)EDIA $ERV~ 1 UC/VJ1-U_ ~// Signature Owner/President Title (President or Corporate Officer) City Hall I 12th Floor I 455 N. Main Sincerely, ?Y"=-~ ~~ Purchasing Manager Bonnie Tharp Print Name 316-204-1734 cell Telephone Number Wichita, KS 67202 I 316.268.4636 wichita.gov Search Results I System for Award Management View a.,'isistance for SAM,gov W.SAM.Gov A NEWWAYTO SIGN IN - If you alreadyha\'c a SAM account, use your SAM email for login.go\'. Login I ,ogin.gov l'AQs & ALERT: SAJ\1.go\ will lw clown for srhed11kd ninintenc111ct Saltinfay, 01/16/:2021 from H:oo AM to ;{:oo Pl\!. Search Results Current Search Terms: Copp Media Services, Inc.* Save PDF Export Results Total recortls:o Result Page: Sort b~Relevance vj Order by !Descending vj Your seareh for Copp Media Services, Im.' returned the followinis results ... No rccordN found. Result Page: lBM-P-20201105-1716 wv,rv,/6 Search Records Disclaimers Data Access Accessibility Check Status Privacy Policy About Help FAPIIS.gov GSA.gov/JAE GSA.gov USA.gov Save PDF Export Results l'his i;; a lUi. (ll'!lt.'r,1l S.:1;-i,;('),Adminislr.iliuu ]l(,hra] (;uv,,rnnh.:nl l'\L l lSJ. ( JN I.Y." I hi:-. syslt.'m b sub.it'd t" 111nnilori1t)(. l nJividu,ib f()Urn} J)lrforming unaullmri,~11,idi\itit~ ur,' .suhj('Cl 1,l di.~ciplinary Jdi,m lndudln~ criminal pn'll-eulhm. https://sam.gov/SAM/pages/public/searchRecords/searchResults.jsf Print Print Page 1 of 1 1/5/2021 Bonnie Tharp 316-425-7065President/Owner Finance Department Sle CITY OF WICHITA Copp Media Services, Inc. February 15, 2022 3109 N. Ridge Port St. 18840003 Wichita, KS 67205 Ladies &/or Gentlemen: The City of Wichita wishes to exercise its option to renew its contract dated February 22, 2018, with your firm to provide Media Buying Services for the Various Departments, Boards and Agencies {Commodity Code Number 91501} (Formal Proposal FP740058) of the City of Wichita. This is to be per your proposal and the specifications of October 23, 2017, and as approved by the City Council on February 27, 2018. The renewal of this contract shall be for a one (1) year period, from February 1, 2022 through January 31, 2023, under the same terms and conditions by mutual agreement of both parties. This contract is subject to cancellation upon thirty (30) days written notice by the City of Wichita. If you are in full agreement with the renewal of this contract, please have the President or a corporate officer of your company return a signed copy of this letter to our Purchasing Office. A second copy should be retained for your files. Sincerel be Oley Melinda A. Walker Purchasing Manager MAW/LH/Ik COPP MEDIA SERVICES, INC. Signature Print Name Title (President or Corporate Officer) Telephone Number City Hall * 12th Floor 455N.Main * Wichita, KS 67202 + 316.268.4636 ~> wichita.gov