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HomeMy WebLinkAboutCOW 2009-04-27 Item 4C - Agreement - Creative Brand Refinement and Media Plan Recommendations with EXCLAIM LLC for $70,000CAS NUMBER 09-055 C l'I :LORI" SP( )NSOR SP( )NS( )R'S SU \1M. \Rl' Altg Date 04/27/09 tlitg Date 05/04/09 Mtg Date COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayors review 04/27/09 KK 05/04/09 KK Council rem ITEM INFORMATION ORIGINAL. AGENDA DA1'li: APRIL 27, 2009 AG I ?ND.\ TITI,I EXCLAIM, LLC Contract for 2009 Southside Visitor Services (SSVS) Creative Brand Refinement and 2009 -2013 Media Plan Recommendation Discussion Motion Resolution Ordinance n Bid Award Public Hearing I Other Nitg Date Alts Date Altg Date t14tg Date Council Mayor Adm Svcs DCD n .Finance I Fire n Le 1 P &R I Police U Pfr The Council is being asked to consider this item at the April 27, 2009 Committee of the Whole meeting and May 4, 2009 Regular Meeting and authorize the Mayor to sign a contract with EXCLAIM, LLC in the amount of $70,000 for creative brand refinement and media plan recommendations. RI I kW' I .D Rl" n COW Mtg. I I CA &P Cmte F &S Cmte Utilities Cmte n Arts Comm. n Parks Comm. DATE: 04/21/09 <cancelled> RECOMMENDATIONS: SPONSOR /ADMIN. Accept EXCLAIM LLC contract and authorize Mayor's signature. COMMIT Forward to Committee of the Whole, per Chair Linder COST IMPACT FUND SOURCE Exii ND ITURI? RI AMOUNT BUDGETED APPROPRIATION REQUIRED $70,000 $70,000 Fund Source: 101.00.557.301.44.12 Connents MTG. DATE 05/04/09 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 04/27/09 Informational Memorandum dated 4/8/09 Draft Contract with EXCLAIM LLC Draft Contract with GreenRubino (Information only) ITEM No. Transportation Cmte Planning Comm. TO: ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Jim Haggerton, Mayor FROM: Katherine Kertzman, Tourism and Marketing Manager DATE: April 8, 2009 SUBJECT: EXCLAIM, LLC Contract for 2009 Southside Visitor Services (SSVS) Creative Brand Refinement and 2009 -2013 Media Plan Recommendation Authorize the Mayor to sign a contract with EXCLAIM, LLC in the amount of $70,000 for Seattle Southside Visitor Services (SSVS) creative brand refinement and 2009 -2013 marketing plan recommendations. This contract will help define the best engagement strategies, creative executions and media opportunities for Seattle Southside. Seattle Southside's Request for Proposals (RFP) review and interview committee (composed of at least one Lodging Tax Advisory Committee member from each of SSVS's funding Cities) has chosen to recommend two agencies for contracted public relations and marketing services. Based on the strength of their proposals /presentations, people, planning process and price, the committee recommends GreenRubino for public relations services and EXCLAIM LLC for creative brand refinement and media plan recommendations. The City Council reviews and approves all contracts over $25,000; therefore the EXCLAIM contract is presented for approval. The GreenRubino contract is within the Mayor's signing authority and does not require Council approval. It is included as information because it nears the $25,000 threshold, and the contracts are related. GreenRubino brings synergy between SSVS, Washington State Tourism, City of SeaTac Economic Development and Sound Transit public relations efforts. EXCLAIM offers the creative connections with Seattle CVB, Washington State Hotel and Lodging Association, Washington State Destination Marketing Organizations, Puget Sound Attraction Council and Washington Film Commission. Both agencies will benefit Seattle Southside's coordinated and collaborative approach to tourism development. There is no additional budget request for this item. The cost for these services is budgeted within the Council approved 2009 -2010 Tourism Marketing Program budget. Deliverables will include Market Analysis, Creative Strategy and 2009 -2013 Media Plan Recommendations. This program budget consists of proceeds from a special excise tax on lodging charges and is used to promote tourism (Chapter 82/08 RCW). The City has joined with the cities of SeaTac, Kent and Des Moines to promote the area as "Seattle Southside". INFORMATIONAL MEMO Page 2 RECOMMENDATION The Council is being asked to consider this item at the April 27, 2009 Committee of the Whole meeting and May 4, 2009 Regular Meeting and authorize the Mayor to sign a contract with EXCLAIM, LLC in the amount of $70,000 for creative brand refinement and marketing plan recommendations plan. ATTACHMENTS Draft Contract with EXCLAIM LLC Draft Contract with GreenRubino (Information only) W:12009 InfoMemos\In FoMemoEXC LA I MFI NAL. doc DRAFT CONTRACT FOR SERVICES W:\2009 InfoMemos\EXCLAIM Creative Services 2009 SSVS_Atty Edi April 14t.doc 4/17/2009 Contract No. This Agreement is entered into by and between the City of Tukwila, Washington, a non charter optional municipal code city hereinafter referred to as "the City and Exclaim LLC, hereinafter referred to as the Contractor whose principal organization contact is located at 2125 Western Ave, Suite 302, Seattle, WA 98121. WHEREAS, the City is designated as the Administrator responsible for administering this contract for services with the cities of SeaTac, Kent and Des Moines to provide tourism and marketing services under the program name Seattle Southside Visitor Services "SSVS WHEREAS, the City has determined the need to have certain services perfomled for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the perfolniance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed Seventy Thousand and no /100 Dollars ($70,000) to be paid within thirty (30) days following each submittal. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing May 5, 2009, and ending December 31, 2009, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Contractor nor any employee of Contractor shall be entitled to any benefits accorded to City employees by virtue of the services provided Page 1 of 6 under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keeping and Reportinz. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. W/2009 InfoMemos\EXCLAIM Creative Services 2009 SSVS_Atty Edi April 14t.doc 4/17/2009 Page 2 of 6 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following addresses: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of, 20 CITY OF TUKWILA CONTRACTOR: By: Jim Haggerton By: Title: Mayor ATTEST/AUTHENTICATED: Title: Printed Name: Christy O'Flaherty, CMC, City Clerk Address: APPROVED AS TO FORM: Office of the City Attorney Date approved by City Council: By: (Applicable if contract amount is over $25,000) W:\2009 InfoMemos \EXCLAIM Creative Services 2009 SSVS_Atty Edi April 14t.doc 4/22/2009 Seattle Southside Visitor Services 14220 Interurban Ave South, #130 Seattle, WA 98168 Page 3 of 6 EXHIBIT "A" Seattle Southside Visitor Services Creative Brand Refinement and 2009 -2013 Media Plan Recommendation SCOPE OF SERVICES Market Analvsis/Research Process First step, establish brand refinement goals and method for measuring success through work sessions including key stakeholders of SSVS. With a process that builds on the strength of the existing SSVS brand, contractor will refine and define key attributes that differentiate SSVS from regional tourism development efforts, areas or marketers. Contractor will work closely with the four SSVS cities and two committees, conduct one -on -one interviews, read and research the region in relation to what makes it special and unique as a travel destination and about what people outside the area think of it. Contractor's previous work with the City of Tukwila gives it a unique starting point. As they uncover new details about SSVS, they will bring to the table their own findings from previous encounters. Together, this information will provide a well- rounded picture of SSVS. By means of assessment and assimilation, contractor will review and expand on existing key components of the business and the brand to create an updated Strategic Brand Document. Strategy The findings will be condensed into a Strategic Brand Document that allows committee members to quickly assess the challenges and opportunities that lie ahead. It will provide a road map for success and act as the foundation for all creative work generated on behalf of SSVS. This document will spell out how contractor will refine the SSVS brand and why. It will discuss the methods for communicating cost effectively with various target audiences, covering such topics as traditional media and new media, print and broadcast. It will explain how each of these media will be used to target specific individuals and how they all work together to create multiple touch points for the message. Your Strategic Brand Document and Implementation Plan includes: Analysis of History, Culture, Business and Community Defined Business Objectives SWOT Analysis Marketing Goals Target Audience Breakdown Media Analysis Cross Promotional Analysis Brand Positioning Statement Brand Character and Personality Statements A roll -out plan with timeline and budgets Includes defined goals W:\2009 InfoMemos\EXCLAIM Creative Services 2009 SSVS_Atty Edi April 14t.doc 4/17/2009 Page 4 of 6 Suggested Mediums /Media Plan Tracking Matrix Creative Strategy Creative Concept Development Contractor will bring renewed messages to life that will thrive in a crowded, competitive media market. Contractor will create sustainable solutions that will provide SSVS long -term benefits. Contractor will create a sound foundation from which SSVS can grow for years to come leveraging the success from the prior years to create new opportunities in the future. Contractor will present concepts along with rationale for the promotion of SSVS. These may include graphics, copy, television storyboards and /or radio scripts. Contractor will identify how each solution benefits SSVS tourism, who will be impacted, when and why. This step creates buy -off on all future creative campaign objectives by defining what the creative looks like and sounds like in a clear, rationalized foul'. Production Contractor will work within budget and timelines set by SSVS. Prior to contractor entering into any third party contracts on behalf of the City, contractor shall obtain authorization from the City's SSVS Program Manager or her designated agent. Ownership of Artwork The City retains all ownership rights to original artwork produced and selected on its behalf. The Contractor retains ownership of all creative concepts and artwork developed on behalf of the client but not selected by the City. The Contractor also retains the right to use artwork for purposes of self promotion in their portfolio or as a link to the site. City retains unlimited usage rights on all selected materials developed by Contractor. This does not include specific licensing agreements, such as photography, illustration or stock video. Media Plan Recommendation (2009 2013) Contractor will recommend a four year media plan that will help define the best strategies, creative executions and media opportunities, within established budget guidelines establish by SSVS. Contractor will recommend where the best ROI will be for media and creative application taking into account what has already been committed in media dollars and activities. Budget Market Analysis /Research/Strategy Creative Strategy (concept development) Media Plan (2009 2013) W:\2009 InfoMemos\EXCLAIM Creative Sery ices 2009 SSVS_Atty Edi April 14t.doc 4/17/2009 $30,000 $35,000 $5,000 Total $70,000 Page 5 of 6 EXHIBIT "B" Seattle Southside Visitor Services Creative Brand Refinement and 2009 -2013 Media Plan Recommendation COMPENSATION AND METHOD OF PAYMENT Compensation Method of Payment The City shall pay Contractor pursuant to the Creative Brand Refinement and 2009 -2013 Media Plan Recommendation as defined in Exhibit A. Any third party contracts entered into by the contractor pursuant to this contract without prior authorization from the City's SSVS Program Manager or her designated agent shall be paid by the contractor when due. The City shall reimburse contractor pursuant to the terms of this contract. Monthly billings for completed work will be invoiced at the end of each month, and are due within 30 days of invoice date. Cancellation In the event of change or cancellation of an assignment, ownership of all copyrights and the original artwork shall be retained by the Contractor, and a cancellation fee for work completed, based on the expenses already incurred prior to or as a result of cancellation or change, shall be paid by the City. Expenses City shall reimburse Contractor for any out -of- pocket expenses related to client's project(s) with City's prior approval. This contract does not include printing, additional stock photography, radio talent or production fees. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. W:\2009 InfoMemos\EXCLAIM Creative Services 2009 SSVS Atty Edi April 14t.doc 4/17/2009 Page 6 of 6 City of Tukwila FOR INFORMATION ONLY Jim Haggerton, Mayor The following contract (GreenRubino) does not require Council approval and is being provided as an informational compliment to the EXCLAIM, LLC contract. INFORMATION ONLY D CONTRACT FOR SERVICES Contract No. This Agreement is entered into by and between the City of Tukwila, Washington, a non charter optional municipal code city hereinafter referred to as "the City and GreenRubino, hereinafter referred to as "the Contractor whose principal organization contact is located at 1938 Fairview Ave. East, Suite 200, Seattle, WA 98102. WHEREAS, the City is designated as the Administrator responsible for administering this contract for services with the cities of SeaTac, Kent and Des Moines to provide tourism and marketing services under the program name Seattle Southside Visitor Services "SSVS WHEREAS, the City has determined the need to have certain services perfouued for its citizens but does not have the manpower or expertise to perfoiin such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perfolin those services described on Exhibit A attached hereto and incorporated herein by this reference. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the perfoiniance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed Twenty -five Thousand and no /100 Dollars ($25,000) to be paid within thirty (30) days following each submittal. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing May 5, 2009, and ending December 31, 2009, unless sooner teiiuinated under the provisions hereinafter specified. 5. Independent Contractor. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Contractor nor any employee of Contractor shall be entitled to any benefits accorded to City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or Page 1 of 5 INFORMATION ONLY otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perfoiuiance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the perfoiniance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Page 2 of 5 INFORMATION ONLY 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following addresses: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Seattle Southside Visitor Services 14220 Interurban Ave South, #130 Seattle, WA 98168 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Aunlicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any teiiii of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of 20 CITY OF TUKWILA CONTRACTOR: By: Jim Haggerton By: Title: Mayor Title: ATTEST/AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney Printed Name: Address: Date approved by City Council: By: (Applicable if contract amount is over $25,000) Page 3 of 5 Public Relations INFORMATION ONLY EXHIBIT "A" Seattle Southside Visitor Services Public Relations SCOPE OF SERVICES Contractors' public relations team will work with SSVS to develop a thoughtful and thorough media relations strategy for 2009 that will increase the visibility of the destination to targeted audiences. In doing so, we will integrate the brand platform and messaging matrix into all communications and set up quarterly initiatives in priority so there is a roadmap for the year. Contractor will leverage existing tourism industry relationships and develop new, mutually beneficial promotional partnerships that can implemented through media and other outreach tactics. Also, by providing ongoing general counsel on a wide range of issues, including member and community relations, contractor can maximize SSVS's exposure to timely events, new stories and synergies with contractor's other clients such as Sound Transit and Washington State Tourism. Page 4 of 5 INFORMATION ONLY EXHIBIT "B" Seattle Southside Visitor Services Public Relations COMPENSATION AND METHOD OF PAYMENT Compensation Method of Payment The City shall pay Contractor pursuant to Public Relations as defined in Exhibit A. Any third party contracts entered into by the contractor pursuant to this contract without prior authorization from the City's SSVS Program Manager or her designated agent shall be paid by the contractor when due. The City shall reimburse contractor pursuant to the teinis of this contract. Monthly billings for completed work will be invoiced at the end of each month, and are due within 30 days of invoice date. Cancellation In the event of change or cancellation of an assignment, ownership of all copyrights and the original artwork shall be retained by the Contractor, and a cancellation fee for work completed, based on the expenses already incurred prior to or as a result of cancellation or change, shall be paid by the City. Expenses City shall reimburse Contractor for any out -of- pocket expenses related to client's project(s) with City's prior approval. This contract does not include printing, additional stock photography, radio talent or production fees. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. Page 5 of 5