HomeMy WebLinkAbout20-041 - Mammoth Agency - Save Local Marketing Campaign20-041
Council Approval N/A
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number:
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 Mammoth Agency, hereinafter
referred to as "the Contractor," whose principal office is located at 501 E. Pine Street, Suite #201, Seattle,
WA 98122.
WHEREAS, the City has determined the need to have certain services performed 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 as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance 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 $37,500
3. Contractor Budoet. 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
April 13, 2020 and ending December 31, 2020, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that 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
Contractor nor any employee of Contractor shall be entitled to any benefits accorded 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 otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
Li( Pra
CA Revised December 2016 Page 1 of 4
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the Public
Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Contractor's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and
limits as required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising
from explosion, collapse or underground property damage. The City shall be named as an
additional insured under the Contractor's Commercial General Liability insurance policy.
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised December 2016 Page 2 of 4
B. Other Insurance Provision. The Contractor's Commercial General Liability insurance policies
are to contain, or be endorsed to contain that they shall be primary insurance with respect to
the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Contractor's insurance and shall not contribute with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance
as required shall constitute a material breach of contract, upon which the City may, after giving
five business days notice to the Contractor to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
8. 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 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.
9. 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.
10. 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.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
CA Revised December 2016 Page 3 of 4
12. 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.
13. Entire Agreement: Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment or
modification of this Agreement shall be of any force or effect unless it is in writing and signed by the
parties.
14. Severabilitv and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,
which by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
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.
16. Agolicable Law: Venue: Attorneys 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 20 day of April, 2020.
CITY OF TUKWILA
David Cline, CA Administrator
APPROVED AS TO FORM
C14—,,,toty
Office of the City Attorney
CONTRACTOR
By:
Brooke Blue, President
Printed Name and Title:
Address: Mammoth
501 E Pine St 201
Seattle, WA 98122
CA Revised December 2016
Page 4 of 4
Exhibit "A"
Save Local Marketing Campaign
Campaign Overview
Background
As part of the Governor Inslee's "Stay Home, Stay Healthy" order, most entertainment businesses have
temporarily ceased operations. Many Washingtonians are isolated at home unable to attend sports
games, go to the movies, dine out, or simply get out and have fun with their friends.
The 'Stay Homeorder will eventually be lifted, and we will be able to get back to our regular
activities. Until then, we must do everything possible to inspire hope and help our local
businesses survive.
Objective
The campaign will help generate cash flow for local businesses while also giving people across
Western Washington things to look forward to. Participants can also feel a sense of pride that
comes from helping out in a meaningful way. The effort will have the added benefit of reflecting well
on Tukwila as a city that cares deeply about its business community.
The initial campaign will focus on the greater Tukwila area, including Seattle, Renton, Tacoma, and
other neighboring communities. The campaign will ideally expand to more of Western
Washington as partner organizations join the effort.
How it Works
The effort will be centered around a digital advertising campaign and campaign -specific microsite,
hosted by City of Tukwila, featuring special advance deals from local businesses. These deals will
promote a broad range of experiential and retail opportunities which can be booked at a
discounted price now and enjoyed after the "Stay Home — Stay Healthy" order is lifted.
These events and activities will emphasize the concepts of community, togetherness, and
reconnecting with friends. The deals will be organized and curated on the microsite, and
promoted via a comprehensive targeted paid, social, and earned media campaign.
The microsite will provide links that click -through to each of the deals so any purchasing will occur
on the websites of participating businesses. It will be completely free for businesses to be listed
on the website, although there may be some requirements for reciprocal social media promotion
of the effort.
Project Approach and Deliverables
Campaign Development
Mammoth will begin the creative process by developing a campaign theme, name, and visual
direction that effectively expresses the objectives of the effort in a way that is compelling to
Tukwila's diverse communities. This process begins with comparative market research and social
listening to identify similar efforts from around the country. We take inspiration from what's
working best and learn from the mistakes of others. Branding shall be consistent with the Tukwila
Tourism and Economic Development brand. The City shall have ownership of all creative content
developed for the campaign.
CA Revised December 2016 Page 2 of 4
From there our creative team will brainstorm and iterate campaign concepts that are regionally
appropriate and resonant with diverse audiences, while effectively reflecting the brand
essence of Tukwila. Campaign concepts will be presented to Tukwila for feedback and
approval.
Website
The crux mf the Save Local initiative will be based on the content and links on a custom, campaign -
specific microsite. Once the campaign theme and creative direction is approved, Mammoth will
quickly design and develop the rnicnoade, and work with Tukwila to organize, cu[ate, and verify the
deals and vendors listed mnthe site. The City shall retain ownership mfthe micnmoite and domain
developed mopart mfthis campaign.
Once the campaign is up and running successfully, the microsite could be expanded to
accommodate the participation of more partner organizations and businesses across mlarger
geographical region.
Advertising and Media Services
Creative development and deployment of paid media assets will be timed to coincide with the launch
ofthe campaign rnicnusitm.The ads will bereflective mfthe campaign's objectives and ethos, and
designed to effectively compel audiences to engage with the creative assets, click through to the
mnicromite.and spend time exploring and purchasing available deals.
Mammoth will develop and present a recommended media plan. Because of current social
distancing pmconmnlendabona, people are overwhelmingly staying at honle, am paid media will
largely focus mndigital display and social media advertising.
Social Media
Effective social media outreach will be a critical component of this campaign,N1annmnothmW|design
and develop Fmcebooh and |nsbuxrmm accounts forTukwi|m'a new consumer -facing branding
initiative. Mammoth will create brand -appropriate materials specific to this campaign for use in
organic and paid social media. These channels will be developed to establish a platform for future
use and will be distinct and separate from the C|tv'mmfDoio| mooim| media handles. The City mhe||
retain ownership of social media handles created for the campaign.
Earned Media
Engaging with local media outlets to attract coverage will help expand the reach of the campaign and
provide third -party validation of the effort with the broader public. This disciplined earned media
approach will help ensure messages reach people where they are (e.g. local, community outlets),
amplify key messages to reinforce paid, social and other communications tactics, while also
demonstrating acommitment totransparency and partnership byworking proactively with relevant
rnmdim outlets.
C&Revised December 2O|6 Page 3of4
Exhibit "B"
Compensation
Contractor Services Total cost shall not exceed $37,500. Services shall be provided from April 13, 2O2Ountil May %2,
2O2D,unless mutually agreed bythe parties.
Cost is inclusive of the following services:
Campaign Development and Planning
Campaign Branding
Contractor shall provide the following services:
~ Campaign Development: Name mfinitiative, theme, and visual direction. Concepts presented to
client for feedback along with findings from our research and social media exploration.
WebsitmDevelopmemt
w Recommended domain name, hosting set up, design, build and launch mfvvebsite.Mammoth will
help create accounts for both domain and host. The xvebsitewill include the following
• Stock photography (as needed),mrphotography provided bycity mrpartners.
° Site built onContent Management System tpenable updates tmbemade easily to
onboard new businesses participating inthe initiative.
• Multiple pages, including: Home, Offers, Contact, Media. Forms include: Add your
Business
= Back end development with category tagging ability.
= Once there are more than 20 businesses onthe offers page acategory functionally will
bedeveloped allowing users tosort bybusiness type and location.
= Mammoth to design offer modules for new businesses and add to website weeks three
and four post launch.
° Ongoing content support for the "Saving Local Campaign"
Earned Media
• Engagement with local media outlets, limited to one month of contact. Amplify message to
compliment paid, social, mrother communications tactics.
Social Media
Save Local
Contractor shall provide development and support for social media asfollows
• Mammoth will create page graphics for Facebook, Instagram and Twitter for Saving Local and
manage organic postings through May l2
* Contractor shall provide creation of 14 organic social media content pieces (per social media
channel) for Saving Local and Experience Tukwila, including aminimum of3custom graphics per
platform for use in organic postings
CA Revised December 2016 Page 4uy4
w Development of social media share too|kit for partner businesses tohelp promote Saving Local
ontheir social media accounts.
Experience Tukwila
Contractor shall provide development and support for social media as follows:
° Design assets for Facebook, Instagram and Twitter accounts for Experience Tukwila social media
accounts. Contractor shall provide creation of 14 organic social media content pieces (per social
media channel) for Saving Local and Experience Tukwila, including a minimum of 3 custom
graphics per platform for use in organic postings
Paid Digital Management and Paid Digital Management Services
Contractor shall provide the following services bmthe City
• Create 2-3 ads per platform, media planning, placement, optimization, management and
reporting.
• Work to grow social media communities, with a goal of having an estimated EL500fo|lmvvers
across all social media platforms
* Advertise to optimize visits to the xxebsite, with the goal of having 12,508xvebsite visits.
• Contractor is authorized to manage the City's digital accounts created under this campaign,
including purchasing digital ads, paid social media, etc. The City shall pay these vendors
directly and will set up accounts, which the Contractor shall have access to. Contractor is
authorized to spend up to $17,000 under this section in third party spending.
CA Revised Decem6o2Ol6 Page 5cJ4