Loading...
HomeMy WebLinkAboutTodd Persons Communications Consultants, LLC - 2011 08 09 - PUBLIC RELATIONS AND MEDIA CONSULTING AGREEMENT THIS PUBLIC RELATIONS AND MEDIA CONSULTING AGREEMENT hereinafter referred to as "Agreement ", is approved this '/T'i day of August, 2011 for public relations /marketing services between the CITY OF WINTER SPRINGS, hereinafter referred to as the "City ", a Florida municipal corporation, whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and TODD PERSONS COMMUNICATIONS CONSULTANTS, LLC, a Florida limited liability company, hereinafter referred to as the "Consultant ", whose address is 1030 North Orange Ave., Orlando, FL 32801. The City intends to enter into this Agreement with the Consultant for the provision of public relations and marketing services by the Consultant, with payment for those services by the City as set forth below. I. SCOPE OF SERVICES The Consultant will perform public relations and marketing services on behalf of the City with respect to matters relating to or affecting public relations. The Consultant shall report directly to and receive direction from the City Manager and /or his designee. The public relations and marketing services to be performed on behalf of the City shall include the following: 1. Assist the City in positive placement of local, regional and state media coverage to increase exposure and improve the City's overall image. Media strategies include but are not limited to press releases, story angles, interviews, photo opportunities, editorials, and quotes in an effort to promote the City's general activities to include, but not limited to redevelopment, economic development, and tourism efforts. 2. Assist the City in any other communication assignment and /or support that the City deems in its best interest. 3. Provide public relations consulting and advisory guidance on an on -going basis. 4. Prepare event strategy for City events. 5. Prepare speaking remarks for City Commission members for various events. 6. Counsel and assist the City with development of City branding. 7. Assist City with business and government networking. 8. Other professional services upon which the parties may mutually agree. II. COMPENSATION AND METHOD OF PAYMENT A. Compensation: The City shall pay the Consultant a lump sum of seven - thousand, five- hundred and No /Dollars ($7,500.00) for a six (6) month period for the services set forth in Section I. City of Winter Springs Public Relations and Media Consulting Agreement Page 1 of 4 SCOPE OF SERVICES. The payment will be distributed at One - Thousand, Two - Hundred and Fifty and No /Dollars ($1,250.00) per month for each of the six (6) months. B. Invoices: The Consultant shall submit to the City Manager's Office a detailed monthly invoice by the tenth (10 day of the following month. The invoice shall clearly show the department /division and activity performed for each month. III. AGREEMENT TERM The term of this Agreement is six (6) months, commencing on the Effective Date ( "Agreement Term "). The parties may mutually agree in writing to additional six (6) month terms. IV. ADDITIONAL SERVICES The City, at its option, may request that the Consultant perform a specific task that may arise during the term of this Agreement. The task must be clearly outside of the Consultant's normal duties as defined in Section I. SCOPE OF SERVICES. In addition, the task shall have a specific starting and ending date, and not be ongoing. The Consultant will be requested to provide the City Manager, in writing, a scope of services, cost estimate and plan of action for delivering said task. The City Manager is authorized to approve up to Two Thousand Dollars ($2,000) per Agreement Term. Any cost estimate exceeding that amount shall require approval by the City Commission. V. TERMINATION OF AGREEMENT Either party may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of any termination, Consultant shall be paid on a pro rata basis, based on the total number of days in the month divided by the total number of days during the month for which Consultant services were already provided, for any work already performed at the time of termination. VI. PERSONS BOUND BY AGREEMENT A. Parties to the Agreement: The persons bound by this Agreement are the City and the Consultant and their respective parties, successors, heirs, executors, administrators, assigns and other legal representatives. B. Assignment of Interest in Agreement: This Agreement and any interest associated with this Agreement may not be assigned, sublet or transferred by either party without the prior written consent of the other party. Nothing contained herein shall be construed to prevent the Consultant from employing independent consultants, associates and subcontractors as the Consultant deems appropriate to assist in the performance of the services hereunder. City of Winter Springs Public Relations and Media Consulting Agreement Page 2 of 4 C. Rights and Benefits: Nothing herein shall be construed to give any rights or benefits arising from this Agreement to anyone other than the City and the Consultant. VII. MISCELLANEOUS PROVISIONS A. Independent Contractor: Consultant shall be considered an independent contractor under this Agreement. B. Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. The parties further agree that, in any dispute between them relating to this Agreement, exclusive jurisdiction for State court actions shall be the trial courts in Seminole County, Florida and for Federal actions in the district court located in Orlando, Florida. Any objection as to jurisdiction or venue in such courts is hereby expressly waived. C. Amendments: This Agreement shall not be modified or amended except by written agreement duly executed by the parties hereto and approved by the City. D. Entire Agreement: This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. E. Attorney's Fees: Should any dispute or legal action arise out of this Agreement or the obligations stated herein, or any dispute or action is based upon the Agreement or any of its provisions, the prevailing party shall be entitled to recover its reasonable attorney fees, expenses and costs incurred in connection with such a dispute or action, including, without limitation, its attorney fees and costs through all administrative, pre -trial, post judgment and appellate proceedings. F. Notices: Unless otherwise stated herein, all communication and details concerning this Agreement shall be sent certified mail, retum receipt requested and directed to the following: City: City of Winter Springs City of Winter Springs Public Relations and Media Consulting Agreement Page 3 of 4 City Manager's Office 1126 East S.R. 434 Winter Springs, FL 32708 Consultant: Todd Persons Communications Consultants, LLC 1030 North Orange Avenue Orlando, Florida 32801 The foregoing addresses may be amended by any party at any time during the term of this Agreement by providing the other party written notice of said amendment. G. Effective Date: Upon approval and execution of this Agreement by both parties, the effective date of the Agreement shall be the date the last party executes. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement the day and year indicated. --- CONSULTANT: CITY OF WINTER ' R GS ; - c _ `Signature . gnature Todd Persons Kevin Smith Print Name Print Name Manager City Manager Title Title / C J /z 0 l( g" f 1 Date Date A TES :, ,' ei,1.41 /A 412. . J. ll i ,.._. , —.....4 Az Signature / x, Andrea Lorenzo - Luaces / Print Name City Clerk Title City of Winter Springs Public Relations and Media Consulting Agreement Page 4 of 4