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HomeMy WebLinkAboutR-2021-150 Multi Media Marketing Associates, Inc. Renewal of Agreement for Services for Social Media Pages and Website and to Exceed $25KRESOLUTION NO.2021-150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TWO (2) YEAR RENEWAL OF THE EXISTING AGREEMENT WITH MULTI MEDIA MARKETING ASSOCIATES, INC, FOR CONSULTANT SERVICES RELATED TO SUPPORT OF THE CITY'S SOCIAL MEDIA PAGES AND WEBSITE; RETROACTIVELY TO SEPTEMBER 30, 2021, UP TO AND INCLUDING SEPTEMBER 30, 2023; AUTHORIZING EXCEEDING THE $25,000 ANNUAL SINGLE VENDOR THRESHOLD FOR THE TERM OF THE CONTRACT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City selected Multi Media Marketing Associates, Inc. (the "Consultant") to provide consulting services related to the City's social media pages and the City's website under Request for Proposals ("RFP") No. 19-011 and executed an Agreement dated December 6, 2019; and WHEREAS, the term of the Agreement was for two (2) years with an option to renew for an additional two (2) year term; and WHEREAS, City Administration recommends that the City Commission authorize the execution of the Renewal to the Agreement for a two (2) year period, retroactively to September 30, 2021 and effective through September 30, 2023; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute a Renewal to the Agreement with Multi Media Marketing Associates, Inc., which Renewal is attached as Exhibit "A" and incorporated into this Resolution by this reference, retroactive to September 30, 2021 and effective through September 30, 2023. Section 3. That funding and appropriations are planned for each year and are available in the Administration Operating Supplies Miscellaneous Account No. 001-39-01-539- 52-20. Section 4. That the City Manager and City Attorney are authorized to make minor revisions to such Renewal Agreement as are deemed necessary and proper and in the best interests of the City. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect retroactively to September 30, 2021 PASSED AND ADOPTED on October 12, 2021. ATTEST: ® y � THOMAS SCHNEIDER, CMC TAMARA JAM CITY CLERK ee' MAYOR fSHEo�� APPROVED AS TO FORM AND CORRECTNESS: THOMAS J CITY ATTO 2 RESOLUTION #2021-150 TWO-YEAR RENEWAL OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND MULTI MEDIA MARKETING ASSOCIATES, INC. FOR SUPPORT SERVICES RELATED TO THE CITY'S SOCIAL MEDIA PAGES AND WEBSITE This is Renewal of an Agreement (the "Renewal"), which Agreement is dated December 6, 2019 (the "Agreement"), which exists between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and Multi Media Marketing Associates, Inc., a Florida corporation ("Consultant") with an address of 20841 Johnson Street, Suite 111, Pembroke Pines, Florida 33029. A copy of the existing Agreement is attached as Exhibit "A", which is made a part of and incorporated into this Renewal by this reference. The City and Consultant wish to renew the Agreement, retroactively to September 30, 2021 for a two (2) year period up to and including September 30, 2023. In consideration of the mutual covenants, terms and conditions contained in the Agreement and in this Renewal of it, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: That the existing Agreement that was executed on December 6, 2019, is renewed retroactively to September 30, 2021 and it shall remain in effect up to and including September 30, 2023. 2. That the terms and conditions of the Agreement will remain the same throughout the term of this Renewal of it. 3. That in all other respects, the Agreement is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on 92021. CITY: ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation TAMARA JAMES MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER WITNESSES: Signature PRINT Name Signature PRINT Name STATE OF FLORIDA COUNTY OF CONSULTANT: Multi Media Marketing Associates Inc., a Florida corporation Signature Jose Luya PRINT Name President and CEO TITLE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on , 2021, by Jose Luya3 as President and CEO of Multi Media Marketing Associates Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. My Commission Expires: 2 NOTARY PUBLIC State of Florida Printed Name AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 6, 20_�J, between the City of Dania Beach, Florida, a Florida municipal corporation, (the "City") with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Multi Media Marketing Associates Inc., a Florida corporation (the "Consultant"), with an address of 20841 Johnson Street, Suite 111, Pembroke Pines, Florida 33029. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree as follows: 1. Scope of Services. The Consultant agrees to provide support services ("Services" or "Work") associated with the City's social media pages, update the City's website and provide graphic design services as needed. This Agreement encompasses by this reference, all City Request for Proposal ("RFP") documents and Consultant's response to it; provided, however that if there is any conflict between the terms of the Agreement and the Consultant's response to City, the Agreement is controlling. The Services assigned may include, but may not be limited to, the following tasks: a) Consultant shall assist and support in-house staff with a Social Media Citizen Engagement Strategy, Website updating and Graphic Design services. b) Consultant shall collaborate and provide advice for social media communications on the City's Social Media accounts (Facebook, Instagram and Twitter) and increase citizen engagement. c) Consultant shall actively post and respond to comments on behalf of the City. d) Consultant shall provide informative and relevant content for the City's Information Channel. e) Consultant shall design and produce print, video, online and all collateral materials. f) Consultant shall rely upon its experience from working in Broward County and South Florida municipalities on social media issues as an advisor. g) Consultant shall assist in the creation of social media content including video for the City, with editorial calendars and content scheduling for social media and update websites. h) Consultant shall provide graphic design services for the creation and design of websites, social media, brochures, newsletters, magazines, resident communications (digital and print), power point/key note presentations, and public notices. 2. Subcontracts. It is expressly agreed to by the parties that the City shall approve in advance in writing any Subconsultants and the fees to be paid them by Consultant, prior to any such Subconsultant proceeding with any such work. 3. Term. The term of this Agreement shall be through and including September 30, 2021. The parties, upon mutual written agreement, have the option to renew for a two (2) year period. 1 4. Payment for Services. City agrees to pay Consultant on a monthly basis for actual hours worked on various tasks, based the Fee Schedule attached as Exhibit "A" and incorporated into the Agreement by this reference. No travel and meal costs will be reimbursable unless incurred outside of Miami -Dade, Broward and Palm Beach Counties, which costs shall be approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. 4.1. Any necessary additional work, as determined by City, which is not covered by the approved written proposal, shall not be undertaken without a written amendment to this Agreement executed by both parties in advance of any work. 4.2. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. 4.3. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. 4.4. Any invoice which is not timely paid in compliance with the Florida Prompt Payment law will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. S. Indemnification of City. The Consultant shall, in addition to any other obligation, indemnify the City and to the fullest extent permitted by law, protect, defend and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: (a) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from such property, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant or its Subconsultants, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; (b) any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent, copyright or trademark rights by Consultant or its Subconsultants in the performance of the work; (c) liens and claims made by the Consultant or its Subconsultants; and 6. Insurance Requirements. The Consultant shall not commence Work under the contract until Consultant has obtained all insurance required under this Article. The Consultant shall not allow any employee of Consultant or any Subconsultant to commence Work until all Coverages required have been obtained and approved by the Risk Manager of the City. In addition, Consultant shall be responsible for any and all policy deductibles and self -insured retentions. 2 All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to City. If this coverage is not provided, then Consultant is responsible for providing such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-VII in the latest edition of the `BEST'S KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in writing. Coverages shall be in force until all Work required to be performed under the terms of the contract is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the contract, including any applicable warranty period, then in that event, the Consultant shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the contract, including any extension of it, and including any applicable warranty period, is in effect. THE CONSULTANT SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE CONTRACT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON -EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE CONTRACT OR ELSEWHERE IN THE PROPOSAL DOCUMENTS CONCERNING CONSULTANT DELAY. The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The Consultant shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. Consultant shall be responsible for any deductible amounts. GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • "The City of Dania Beach, Florida" is to be added as a named "Additional Insured"; 3 WORKERS' COMPENSATION INSURANCE shall be maintained by Consultant and any Subconsultants during the life of the Agreement, including any applicable warranty period(s), and it is to apply to all "statutory employees" of Consultant (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant, its employees, and Subconsultants. In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Consultant shall require any Subconsultants similarly to provide Workers' Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by the Consultant, by furnishing statutory limits Part A, and Employers' Liability Part B with limits of $100,000.00 each accident, $100,000.00 each employee and $500,000.00 policy limit for disease. IN NO EVENT SHALL THE CONSULTANT BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: 1) ANY EMPLOYEE, SUBCONSULTANT OR SUBCONSULTANT EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE COVERAGE; OR II) ANY EMPLOYEE, SUBCONSULTANT OR SUBCONSULTANT EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Consultant has responsibility for notification); and • Waiver of Subrogation. 7. Assignment of Agreement. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City, for damages or expenses incurred which are direct, indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. In recognition of the fact that Consultant is not entitled to costs of acceleration arising out 2 of the delays caused by Supporting Consultants, Consultant shall not be required to accelerate its services where delays have resulted from Supporting Consultants, unless the City agrees to compensate Consultant for such accelerated efforts. 8. Public Records Law. Consultant shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. Upon request from the City custodian of public records, Consultant shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. Upon completion of Work under this Agreement or in the event of termination by either parry, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Any compensation due to Consultant shall be withheld until all records are received as provided in this Agreement. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. Section 119.0701(2)(a). Florida Statutes IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing Address: Telephone number: Email: 9. Termination. THOMAS SCHNEIDER, CMC CITY CLERK 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 954-924-9800, Ext. 3624 tschneider(a),daniabeachfl.gov a. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. b. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant twenty (20) days' advance written notice to the Consultant. If Consultant promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. 10. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and any Subconsultant) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory law or common law and other reserved C rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to any Subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 11. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the parry for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Candido Sosa-Cruz, Assistant City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Consultant: Jose Luya Multi Media Marketing Associates, Inc. 20841 Johnson Street, Suite 111 Pembroke Pines, Florida 33029 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Bankruptcy. It is agreed upon that if the Consultant is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective upn the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy, Consultant will automatically be in default of this Agreement and the provisions of Article 9 will be enforced at City's discretion. 14. Venue; Fees. All claims, counterclaims, disputes and other matters in question between City and Consultant arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non -binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. 11 14.1 If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction for any legal action arising out of or pertaining to this Agreement. If suit is filed the Court shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. In any litigation, the parties agree to each waive any trial by jury of any and all issues. 14.2 Operations During Dispute. In the event that a dispute arises between the City and the Consultant relating to this Agreement, or its performance or compensation, the Consultant agrees to continue to render services in full compliance with all terms and conditions of this Agreement as required by the City. 15. Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement. 16. Attompy Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and attorney fees. 17. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 18. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement and each such exhibit is incorporated by this reference. 19. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 20. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 21. Consultant, any Subconsultants and their respective employees and agents shall be and remain independent Consultants and not employees of City with respect to all of the acts and services performed under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. All agents, employees and Subconsultants of 8 the Consultant retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 22. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 23. Consultant warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent" as defined in Chapter 112, Florida Statutes, nor any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Consultant. 24. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment, the Americans with Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 25. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). Further, any prior Agreement related to the services is rescinded and replaced by this Agreement. 26. Consultant agrees to perform its obligations under this Agreement in accordance with the degree of skill and care exercised by multi media consultants performing similar services under similar conditions. Consultant makes no other representations and no warranties, whether express or implied, with respect to the quality of its performance under this Agreement. Q IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA n a Florida u ' 'pa rporation THOMAS SCHNEIDER, CMC W LLEN CITY CLERK �p► e� MAYOR ANAIvf. GARCIA, ICMA-CM et1SHEDy CITY MANAGER Dated: / . -7 5 , 20A APPROVED FOR FORM AND CORRECTNESS: —rr—N,-q A�� THI I )NAAS 1. MSARO CITY ATTVRNEY 10 WITNESSES: SIG AT + ►„lea iq r-' lJ(1K PRINT Name SIGNATU PRINT Name STATE OF FLORIDA COUNTY OF G row n, rd1 CONSULTANT: Multi Media Marketing Associates, Inc. a Florida Corporation r SIGN _u�ia PRINT Name c,E�o Title The foregoing instrument was acknowledged before me on ja-emb of 3 20A, by S 05 ,_- Lw� s %e , as 0 cs toleN -�' of Multi Media Marketing Associates, Inc., a Florida corporation, on behalf of the company. He/she is personally known to me or produced as identification and did (did not) take an oath. J14 pov� ARY PUBLIC My Commission Expires: State of Florida o�:iY iryG IBSEN E POWELL ? • Notary Public • State of FWda :• � Commission k GG 268389 ?arti MMy Comm. Expires Oct 16, 2022 Bonded through National Notary Assn. 11 EXHIBIT "A" FEE SCHEDULE Labor/Task Category Rate Unit Creative Director/MarketingS ecialist $85.00 Hour Artist/Graphic Designer $50.00 Hour Web Designer $50.00 Hour Web Developer $65.00 1 Hour Social Media Specialist $48.00 Hour Content Strategist $57.00 Hour Video Cameraman/DP $60.00 Hour Video Editor $89.00 Hour 12