Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Procurement topic
No spam. Unsubscribe anytime.
Commission approves $5,500 Herman Global marketing request amid contract-term questions
Summary
The commission approved a $5,500 sole-source marketing purchase request for Herman Global but members raised concerns about vague contract language, who the agreement identifies as the 'publisher,' and photo-licensing rights; the board asked staff to obtain vendor clarification.
The Daggett County Commission voted to approve a $5,500 purchase request for a marketing proposal from Herman Global, but several commissioners pressed staff to clarify contract terms and intellectual-property rights before finalizing vendor use of county photographs.
Commissioner-level discussion began when Speaker 1 introduced the item as “a purchase request to Herman Global in the amount of $5,500 for a marketing contract, and, it also includes a sole source request.” The board moved and approved the purchase request by voice vote.
Why it matters: commissioners said the document reads more like a proposal than a binding contract. Speaker 3 told colleagues the agreement lacks clear termination language and repeatedly refers to both a “client” and a separate “publisher,” creating uncertainty about which party would warrant performance and which forum would resolve disputes.
Speaker 3 said, “it's rather vague as there's no form as to should we disagree or how do we terminate … it's almost like a proposal more than a contract.” He added that the agreement appears to grant a “limited, non exclusive, non transferable license” for content but emphasized the county must confirm that it retains copyright to photographs provided to the vendor.
Staff responses and next steps: Speaker 1 said Kent (staff) had emailed the link to the vendor’s terms and conditions and asked Peggy to clarify which photographs would be supplied. Peggy (Speaker 4) said the county will provide photographs and verbiage for ksl.com placements and warned the board to send only images the county owns. “So only send them ones that either I've taken or ones that Ryan took that we own,” she said.
Commissioners asked staff to call the vendor for clarification about who the agreement means by “publisher,” where disputes would be litigated or arbitrated, and whether the county is granting only temporary, nonexclusive use of supplied images. Speaker 1 suggested tabling the item if the vendor’s answers are not available today; staff said they would try to get the clarification and proceed accordingly.
The vote: the record shows the motion to approve the Herman Global purchase request carried by voice vote (multiple ayes recorded). The approval, as stated in open session, accepted the vendor’s proposal and required staff follow-up to confirm licensing and dispute-resolution terms.
What’s next: staff will seek clarification from Herman Global on publisher designation, forum for disputes and explicit ownership/licensing language for county photos. If outstanding issues remain, the board indicated it would consider tabling final contract execution pending those answers.
