OT901720_Revised_Contract.pdf

Index No.: INS002 Eff. Date: 01/01/24 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.: OT901720 EFFECTIVE DATES: 01/01/20 to 12/31/23 *Renewal through 12/31/25

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. OT901720 that opened on 08/19/19. 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 36 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to Ohio Department of Insurance, 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

Minority Business Enterprise Award in accordance with ORC CH. 125.081

Signed: __________________________________________________________ Kathleen C. Madden, Director Date

*Indicates a twenty-four (24) month renewal, effective 01/01/24 through 12/31/25.

https://procure.ohio.gov/pdf/Instructions_010118.pdf https://procure.ohio.gov/pdf/Standard%20T_C_052119.pdf

* Eff. Date: 01/01/24

TABLE OF CONTENTS

* CLAUSES PAGE NO.

Special Terms and Conditions 3-5

Specifications for Media Buying Services 6-8

Price Schedule 9

Contractor Index 10

* Summary of Amendments 11

* Indicates an update to the page numbers due to repagination and the addition of a Summary of Amendments, effective 01/01/24.

Index No. INS002 Eff. Date: 01/01/20

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 ten (10) 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.

FIXED-PRICE WITH WAGE ADJUSTMENTS: No price adjustment will be granted during the first twelve (12) months duration of the contract. Thereafter, should changes be approved to the Federal Minimum Wage Rates, Federal Mandatory Health Care Programs, Workers’ Compensation and/or Unemployment Insurance rates and/or transportation costs, the Contractor may petition DAS to increase the contract price(s). If approved by DAS, the Contractor will only be entitled to the exact amount of the increase as approved in the respective program. DAS will not agree to any increase that is retroactive to the start date of the Contract or is within the above stated time period that prices may not be adjusted. The Contractor must give DAS a minimum of thirty-(30) calendar days’ notice prior to the effective date of the increase. The petition must be accompanied by documentary evidence to fully support the request (e.g. Federal Minimum Wage Scales, tariff schedules, etc.). If approved the increase will become effective on the date set forth in the request and will remain in effect for the duration of the Contract. Approval of said increase is at the sole discretion of DAS. No petition for increase will be considered for adjustments that occurred prior to the effective date of the Contract.

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 http://das.ohio.gov/Divisions/EqualOpportunity.aspx

Eff. Date: 01/01/20

SPECIAL CONTRACT TERMS AND CONDITIONS

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, Attn: Contract OT901720 Analyst.

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:

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

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

740 W. Superior Ave. Suite 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.

* Page 5

SPECIAL CONTRACT TERMS AND CONDITIONS (CONT’D)

* II. REGULATORY CONTRACT REQUIREMENTS, J. (STANDARD TERMS AND CONDITIONS) - EXPENDITURE OF

PUBLIC FUNDS ON OFFSHORE SERVICES: The Contractors agree to the following updated language:

Prohibition of the Expenditure of Public Funds 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 updated language regarding the Expenditure of Public Funds for Offshore Services, effective 01/01/24.

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

* Page 6

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 Insurance (ODI). ODI will specify the public announcements, content desired, and confirm the availability of funding for desired services. The Media-Buyer may assist ODI in developing a media campaign, recommend and negotiate media coverage, coordinate needed artwork, develop creative work, coordinate and reconcile advertising contracts, submit invoices to ODI, and evaluate media approaches. The majority of the work are new set ups and not replicated from previous orders. During a 12-month period estimated annual spend is $100,000-$500,000. The majority of media spend is fulfilled in the summer and fall. The anticipated future usage is likely to remain the same, but can go up to $500,000.00 based on Federal grants available.

The dollar amount of spend may vary depending on the size of campaigns, federal grants awarded, and other considerations.

II. DEFINITIONS

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

A. Clearinghouse – An entity that performs 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 ODI approved media plans under this contract.

D. OSHIIP – Ohio Senior Health Insurance Information Program

III. CONTRACTOR REQUIREMENTS

The Bidder will perform the following services and perform clearinghouse operations for ODI under terms of the contract.

A. Work collaboratively with ODI to determine target audience(s) and scope of campaign(s) statewide.

B. Provide demographics of target audience(s).

C. Identify media approaches/outlets to best reach target audience(s).

D. Based on identified target audience(s), develop a detailed Media Plan for a campaign 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, and any other media as necessary, used for advertising and promotional projects. Costs for each segment of the plan must be allocated individually.

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

ODI issues a Purchase Order. The media services are to be provided within ten (10) days of ODI approving the media plan. In the event of a rush, ODI 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.

F. Customarily, ODI will create their own artwork. However, at times the awarded Contractor must be able to develop creative artwork as requested by ODI. This cost will be mutually agreed upon on a per job basis by both ODI and the Contractor, before the work is started. This cost will not be subject to the commission rate, and is used at the sole discretion of ODI.

G. As approved by ODI, negotiate and procure media contracts.

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

I. Coordinate billing for all media contracts.

J. Invoices must clearly identify spending by purchase order number (if more than one ODI campaign is being billed.)

Any disputes will be resolved at the discretion of ODI.

* Indicates repagination, effective 01/01/24.

* Page 7

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

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

ODI on monthly report.

M. Invoices must be sent to Ohio Shared Services. The proper address will be listed on the Purchase Orders

(invoices@ohio.gov). All invoices must be submitted no later than thirty (30) days from the last date of service or job.

N. The Contractor must submit a written report, to ODI 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.

O. Coordinate printing and distribution of artwork for advertising purchased. On an as needed basis, provide creative services for production of artwork or marketing materials for various campaigns.

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

Q. Provide in-depth, written media evaluation of all media approaches utilized. This must include presentation slides and/or graphs. Must be delivered to ODI within thirty (30) days of the end of each campaign or monthly as required by the ODI Office of Communications. 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 ODI?

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

IV. ODI RESPONSIBILITIES

A. ODI will provide the Media Buyer with clear media objectives in support of selected programs. ODI will identify desired public announcements, content desired, and determine the available funding.

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

* Page 8

V. MANDATORY REQUIREMENTS

Failure to meet any of the mandatory requirements may result in the Bid being deemed non-responsive and further action toward award will not be taken. Supporting evidence must be submitted with the Bid on the included Attachments.

Additional copies of the Attachment pages may be included if needed.

A. Media Buying Experience: Within the last four (4) years, the Bidder must have experience in a media plan of similar services, acting as a Media Buyer for a campaign spending over $100,000 using at least five different media approaches over at least a six month period. This experience must include the Bidder providing media administrative services, managing media provider performance, and reporting (Attachment One).

B. Public Sector Experience: Within the last four (4) years, the Bidder must have experience purchasing at least $50,000 of public sector advertising using at least two different media over at least a six-month period. Experience does not need to be from one campaign (Attachment One).

C. Designated contact person experience: The Bidder’s designated contact person must have at least two (2) years’ experience managing at least a $100,000 campaign (Attachment Two).

* Page 9

PRICE SCHEDULE

UNSPSC: 82100000

OAKS ID: 36825

DESCRIPTION MEDIA BUYER’S COMMISSION

Cost to Ohio Department of Insurance for the development and implementation of media buying campaigns. The cost must be expressed in a percentage number. The Department of Insurance will pay this percentage to the Contractor based on the cost of the media purchased.

_____0.24__________%

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

* Page 10

CONTRACTOR INDEX

CONTRACTOR AND TERMS: CONTRACT NO.: OT901720-1

Minority Business Enterprise

DELIVERY: PER THE CONTRACT

179339 Singleton & Partners, LTD TERMS: Net 30 Days

** 2121 St. Clair Avenue NE Cleveland, OH 44114

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

E-Mail: Renee@singletonpartners.com

** Indicates an update to the Contractor’s Contact information.

mailto:Renee@singletonpartners.com

* Page 11

SUMMARY OF AMENDMENTS

Amendment

Number Effective

Date Description

1 01/01/24

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 01/01/24 through 12/31/25. This amendment is also issued to include updated language regarding the Prohibition of the Expenditure of Public Funds for Offshore Services, to update the Contractor’s Contact information, and to repaginate.