OT901619_EDU116_REVISED_Contract.pdf

Index No.: EDU116 Eff. Date: 09/01/24 Page No.: 1

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: MEDIA BUYING SERVICES

CONTRACT No.: OT901619 EFFECTIVE DATES: 09/01/18 to 08/31/21

Renewal through 08/31/25 *

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. OT901619 that opened on 06/11/18. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 48 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to OHIO DEPARTMENT OF EDUCATION, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the DAS Web site at the following address:

http://www.ohio.gov/procure

Signed: __________________________________________________________ Kathleen C. Madden, Director Date

* Indicates the renewal of the contract, per amendment, effective 09/01/24.

https://procure.ohio.gov/pdf/Instructions_010118.pdf https://procure.ohio.gov/pdf/StandardT_Crev010118.pdf

Eff. Date: 09/01/18

TABLE OF CONTENTS

CLAUSES PAGE NO.

Special Contract Terms and Conditions 3 Specifications 5

CONTRACT ITEMS

Item Price Pages 7 Contractor’s Index 8

Eff. Date: 09/01/22

SPECIAL CONTRACT TERMS AND CONDITIONS

AMENDMENTS TO CONTRACT TERMS AND CONDITIONS: The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

EVALUATION: Bids will be evaluated in accordance with Article I-17 of the “Instructions to Bidders”.

CONTRACT AWARD: A contract will be awarded to the lowest responsive and responsible Bidder offering the lowest commission percentage of net placement of advertising who meets the specifications of this Invitation to Bid.

DELIVERY AND ACCEPTANCE: Services will be performed as set forth in the Contract. The location of performance will be noted on the purchase order issued by the participating agency. Payment for services rendered will occur upon the inspection and written confirmation by the ordering agency that the services provided conform to the requirements set forth in the Contract.

Unless otherwise provided in the Contract, payment shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

DESCRIPTIVE LITERATURE: The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not provided as part of the bid response, the Bidder must provide said literature within seven (7) calendar days after request/notification by the Office of Procurement Services to do so. Any references, that may appear in the descriptive literature, that may alter the terms and conditions and specifications of the bid (e.g. F.O.B. Shipping Point or Prices Subject to Change), will not be part of any contract and will be disregarded by the state of Ohio. Failure of the bidder to furnish descriptive literature either as part of their bid response or within the time specified herein will deem the bidder not responsive.

MINORITY BUSINESS ENTERPRISE (MBE) SET ASIDE: The State is committed to making more State contracts and opportunities available to minority business enterprises (MBE) certified by the Ohio Department of Administrative Services (DAS) pursuant to Section 123.151 of the Ohio Revised Code and Rule 123:2-15-01 of the Ohio Administrative Code. This RFP/ITB is being issued as a minority set aside contract in accordance with Section 125.081 of the Ohio Revised Code. All bidders must be an Ohio certified MBE as of the Bid due/opening date. If a certification application has been submitted that needs to be expedited to meet the solicitation due/opening date, contact the DAS Equal Opportunity Division at 614-466-8380. For more information regarding Ohio MBE certification requirements, including a list of Ohio certified MBE businesses, please visit the DAS Equal Opportunity Division web site at: http://das.ohio.gov/Divisions/EqualOpportunity.aspx

* PROHIBITION OF THE EXPENDITURE OF PUBLIC FUND FOR OFFSHORE SERVICES: No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

* Indicates the inclusion of updated language regarding the Prohibition of the Expenditure of Public Funds for Offshore Services, per amendment, effective 09/01/22.

http://das.ohio.gov/Divisions/EqualOpportunity.aspx https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf

SPECIAL CONTRACT TERMS AND CONDITIONS (Continued)

USAGE REPORTS: Every twelve (12) months the contractor must submit a report (written or on disk) indicating sales generated by this contract. The report shall list usage by customer, by line item, showing the quantities/dollars generated by this contract.

The report shall be forwarded to the Office of Procurement Services, 4200 Surface Road, Columbus, OH 43228-1395, Attn:

Mike Eshelman.

Bid Automobile Liability Checklist:

Contractor will indicate, by checking the appropriate box(es) below, which mode of transportation will apply to this contract.

x Bidder/Broker (“The Contractor”) or their Sub Contractor will make delivery or be performing services using a vehicle that is owned, leased or rented. Provide Certificate of Insurance documenting automobile liability with a Combined Single Limit of $500,000.00.

Goods/Services will be delivered via common carrier.

No employee or representative of the contractor will have cause to be on state property to make deliveries or to perform services.

DISCLOSURE OF SERVICE PROVIDERS (See Standard Contract Terms and Conditions, Section [Roman Numeral] V. General Provisions:, Paragraph G.):

Bidders seeking to enter into a service contract shall disclose the following:

a) Principal location of business for the contractor (Name/City/State/Country)

Singleton & Partners 740 West Superior STE 102 Cleveland, OH 44113

b) Principal location of all subcontractors (Name/City/State/Country) n/a

c) Location where services will be performed (Name/City/State/Country)

d) Location where any State data, applicable to the Contract, will be maintained or made available (Name/City/State/Country)

By the signature affixed to Page 1 of this Bid, Bidder hereby certifies that the above information is true and accurate. The Bidder agrees that no changes will be made to this list of subcontractors or locations where work will be performed or data will be stored without prior written approval of DAS. Any attempt by the Bidder/Contractor to change or otherwise alter subcontractors, locations where services will be performed or locations where data will be stored, without prior written approval of DAS, will be deemed as a default. If a default should occur, DAS will seek all legal remedies as set forth in the Terms and Conditions which may include immediate cancellation of the Contract. Failure to complete this page may deem your bid not responsive.

SPECIFICATIONS FOR MEDIA BUYING SERVICES

I. SCOPE

This Invitation to Bid (ITB) describes the State’s requirements for Media-Buying services and Media Administrative support in the form of an outsourced clearinghouse provider for the Ohio Department of Education (ODE). The awarded Media Buying Contractor, will work with Program contacts within the Department of Education, to distribute media. In a collaborative effort the Contractor along with the Program will determine the best means to deliver the message the Program desires. Contractor professionals will be available for meetings per timelines established by the Program as detailed below.

Outcomes of the efforts will be in the form of and where needed a mixture of: Print, Radio, Television and Social Media.

Copies of all print work will be provided to the Programs in electronic form. Copies of all radio and television recording will be delivered in appropriate format. Time lines will be established when the Program contacts the Contractor and request media services.

II. DEFINITIONS

For purposes of this Invitation to Bid and resulting contract, the following definitions apply:

A. Clearinghouse – Perform outsourced operations coordinating, directing, paying, reporting and evaluating Media Providers.

B. Media Provider – An entity or organization which provides media coverage through a specified medium or media.

C. Reimbursable Expenses – Payments made to approved media providers under this contract, and media buyer expenses identified in ODE approved media plans under this contract.

III. CONTRACTOR REQUIREMENTS

The Bidder must agree to perform the following services and specify that they will perform clearinghouse operations for ODE under terms of the contract.

A. Work collaboratively with ODE.

B. Assist with defining best media approaches/outlets to best reach target audience(s), if requested.

C. Based on identified target audience(s), develop a detailed Media Plan to include proposed dates, markets, locations and estimated media impressions. This Media Plan should include, but is not limited to, radio and television air-time, publication space, outdoor space, social media and any other media as necessary, used for advertising and promotional projects. Costs for each segment of the plan must be allocated individually.

D. Excluding any rush orders, the Contractor must submit this Media Plan for approval to ODE within ten (10) days after

ODE issues a Purchase Order. The media services are to be provided within ten (10) days of ODE approving the media plan. In the event of a rush, ODE will provide as much notice as possible, but the Contractor should be willing to work within restricted timeframes and make every reasonable effort to meet the requests.

E. As approved by ODE, negotiate and procure media contracts.

F. Coordinate layout and design of artwork as required for formatting with all media outlets as needed.

G. Coordinate billing for all media contracts.

H. Invoices must clearly identify spending by purchase order number.

I. Contractor to pay media outlets for media purchased not later than seventy five (75) days after Contractor receipt of invoice.

J. Reconcile any billing discrepancies before submission of invoice to ODE within invoice or receipt time frame. Mail to

ODE on monthly report.

K. Invoices are to be submitted to the ODE monthly. All invoices must be submitted no later than thirty (30) days from the last date of service or job and must include copies of all invoices from the media outlet to the clearinghouse.

SPECIFICATIONS FOR MEDIA BUYING SERVICES

L. The Contractor must submit a report, written or on disc, to ODE on all media outlet accounts monthly. The report shall include balances due including due date and late balances, payments made the previous month, charges/balances in dispute and any pending charges. In addition, the Contractor shall supply clippings of all print media on a monthly basis.

M. Coordinate purchasing, development, production, printing and distribution of artwork for advertising purchased.

N. Provide in-depth, written media evaluation of all media approaches utilized. This must include presentation slides and/or graphs. Must be delivered to ODE within thirty (30) days of the end of each project or monthly as required by the ODE. Must include, but not limited to, answers to the following questions:

1. How many paid airings or print ads occurred, including estimated gross impressions for each media approach?

2. How many bonus match airings, print ads or other opportunities occurred, and within what time frame, including estimated gross impressions for each media approach?

3. Were there any problems which affected the plan media purchases and how those problems were resolved?

4. Were there any adjustments to the media plan that were made after the plan implementation and how the changes benefited ODE.

O. All products, reports and evaluations developed under this agreement are to be considered the property of ODE and available on request.

IV. ODE RESPONSIBILITIES

A. ODE will provide the Media Buyer with clear media objectives. ODE will identify desired public announcements, content desired, and determine the available funding.

B. ODE will issue a valid Purchase Order (PO) for media services prior to media services being needed.

V. MANDATORY REQUIREMENTS

Failure to meet any of the mandatory requirements below may result in the Bid being deemed non-responsive and further action toward award will not be taken. Supporting evidence for each item below should be submitted with the bid.

Requirements must be submitted within three (3) business days if requested by DAS.

A. Media Buying Experience: Within the last two (2) years, the Bidder must have experience, acting as a Media Buyer.

This experience must include the Bidder providing media administrative services, managing media provider performance, and reporting.

B. Public Sector Experience: Bidder has experience purchasing of public sector advertising using at least two different media.

C. Designated Contact Person Experience: The Bidder’s designated contact person must have at least two (2) years’ experience managing media buying.

D. References: Bidder must provide with their Bid at least three (3) references for jobs of similar scope. The reference must provide the name and address of the company, the name and telephone number(s) of the contact person, a brief description of services provided and the length of service for that company. Upon request from the Office of Procurement Services, the Bidder will provide additional references if needed. Failure to provide verifiable references may result in the Bid being deemed as not responsive and no further consideration given.

PRICE SCHEDULE

UNSPSC CATEGORY CODE: 82100000

DESCRIPTION MEDIA BUYER’S COMMISSION

*Cost to Ohio Department of Education for the implementation of media buying services. The cost must be expressed in a percentage number. The Department of Education will pay this percentage to the Contractor based on the cost of the media purchased.

______0.50_________%

* Media Buyer’s commission is not to be considered in the Media Buyer’s net placement of advertising.

All costs must be in U.S. Dollars.

Eff. Date: 09/01/21

CONTRACTOR INDEX

CONTRACTOR AND TERMS: CONTRACT NO.: OT901619

Minority Business Enterprise

DELIVERY: PER THE CONTRACT

Vendor ID#: 179339

Singleton & Partners, LTD TERMS: Net 30 Days

* 2121 St. Clair Ave NE

* Cleveland, OH 44114

CONTRACTOR’S CONTACT: Ms. Renee Singleton Telephone: (216) 344-9966 Fax: (216) 344-9920

E-Mail: Renee@singletonpartners.com

*Denotes updates to the Contractor’s address, per Amendment 1, effective 09/01/21.

mailto:Renee@singletonpartners.com

Eff. Date: 03/14/24 Page No 9

SUMMARY OF AMENDMENTS

Amendment Number

Effective Date

Description

4 03/14/25

This amendment is issued to advise that this contract will not be renewed beyond the current expiration date of 08/31/25. This contract will be rebid.

All other prices, terms, and conditions remain unchanged.

3 09/01/24

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional 12 months, effective 09/01/24 through 08/31/25.

All other prices, terms and conditions remain unchanged.

2 09/01/22

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional twenty-four (24) months, effective 09/01/22 through 08/31/24.

Additionally, this amendment is issued to include updated language regarding the Prohibition of the Expenditure of Public Funds for Offshore Services.

All other prices, terms and conditions remain unchanged.

1 09/01/21

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional twelve (12) months, effective 09/01/21 through 08/31/22. All other prices, terms and conditions remain unchanged.

Additionally, this amendment updates the Contractor’s address and adds the Summary of Amendments page.