HomeMy WebLinkAboutCOW 2020-06-22 Item 4G - Contract - Saving Local King County Initiative with Mammoth Agency for $75,000COUNCIL AGENDA SYNOPSIS
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06/22/20
BJM
ITEM INFORMATION
ITEMNO.
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Spec 2. B.
STAFF SPONSOR: BRANDON MILES
ORIGINAL AGENDA DATE: 6/22/20
AGENDA ITEM TITLE Authorize the Mayor to sign a contract, not to exceed $75,000, with the Mammoth
Agency for marketing, advertising, and creative services related to the Saving Local
KC initiative
CATEGORY ®Discussion
Mtg Date 6-122120
®Motion
Mtg Date 6-122120
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Ata avd
Mtg Date
❑ Publz'c Heating
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑Fiore ❑TS ❑P&R ❑Po§ce ❑PlV ❑Court
SPONSOR'S In May the City of Tukwila launched the Saving Local, King County initiative. Saving Local is
SUMMARY a consumer facing website where businesses, impacted by COVID-19 can place deals for
purchase. Any consumer facing businesses in King County can participate for free. A total of
39 businesses have participated to date, with 36 businesses currently offering deals. Staff
is requesting authorization to enter into a service agreement with the Mammoth Agency to
provide marketing services for the initiative.
REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ® Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 6/15/20 COMMITTEE CHAIR: MCLEOD
RECOMMENDATIONS:
SPONSOR/ADMIN. Apporval
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$75,000 $104,170 $N/A
Fund Source: 101 FUND (LODGING TAX)
Comments: Per State Law, Lodging Tax can only be used for tourism promotion activities.
MTG. DATE
RECORD OF COUNCIL ACTION
6/22/20
MTG. DATE
ATTACHMENTS
6/22/20
Informational Memo dated 6/15/20.
Draft Agreement with Mammoth.
Previous Agreement with Mammoth (No. 20-041)
171
172
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Committee of the Whole
FROM: Brandon Miles, Business Relations Manager
CC: Mayor Ekberg
DATE: June 15, 2020
SUBJECT: Saving Local KC
Contract for Services with Mammoth A_gency
ISSUE
Authorize the Mayor to sign a contract, not to exceed $75,000, with the Mammoth Agency for
marketing, advertising, and creative services related to the Saving Local KC initiative
BACKGROUND
In May the City of Tukwila launched the Saving Local, King County initiative. Saving Local is a
consumer facing website where businesses, impacted by COVID-19 can place deals for
purchase. Any consumer facing businesses in King County can participate for free. A total of 39
businesses have participated to date, with 36 businesses currently offering deals.
The backbone of the Saving Local initiative is a user-friendly website (saving local kc.com)
featuring all the deals being offered. The initiative also features dedicated social media accounts
on Facebook, Instagram, and Twitter.
Saving Local, King County has had initial success and continues to grow. The City of Kent and
11 Chambers of Commerce have signed on as partners. The following outlines key
performance indicators for the initiative.
Website Key Performance Indicators (as of June 12, 2020):
Metric
Data
Notes
Total Sessions:
6,872
Total Page Views:
13,698
Conversion Rate:
9.87% (678 clicks)
Conversion is defined as
people who click through to
purchase an offer. The offers
are hosted on the sites of the
businesses providing the
deals.
Social Media Key Performance Indicators (as of June 15, 2020):
Metric
Data
Notes
Facebook Followers:
712
These social media accounts
have been up for a limited
time.
Insta ram Followers:"
114
Twitter Followers:
199
Total Social Media
Impressions:
1,743,000
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INFORMATIONAL MEMO
Page 2
The City contracted with the Mammoth Agency to develop and manage the digital assets
associated with the initiative. The initial contract was for $37,500. On June 15, 2020 the City
Council, following a recommendation from the Lodging Tax Advisory Committee, authorized
$104,170 in additional lodging tax for Saving Local KC.
Staff is proposing to execute a second contract with Mammoth to continue to support the Saving
Local, King County initiative through the end of the year and to add some additional services.
Mammoth would provide the following services:
• Overall strategy development, including development of a campaign to create an
emotional connection with consumers.
• Website maintenance.
• Social Media Management, including paid social
• Project Management and Reporting
• Paid Google Search (new)
• Video Development (new)
• Other services needed for the initiative.
DISCUSSION
Mammoth was selected as a result of interviews the City had begun in February and March to
help the City develop a digital marketing campaign for Tukwila. The City interviewed three firms
and Mammoth was selected for the following reasons:
1. Based in the Seattle area.
2. Experience working with local governments. Mammoth has done extensive work with
King County and other public agencies.
3. Smaller operation.
4. Experiences with both strategy development and execution.
Mammoth was part of the development of Saving Local, King County and has been managing
the initiative since its launch. Staff has been very satisfied with the work and responsive of the
agency and its staff to date.
FINANCIAL IMPACT
The contract will not exceed $75,000. Funding for the agreement will come from lodging tax
application approved by the City Council on June 15, 2020. The lodging tax application had a
total amount of $104,170. The additional funds will be used for ad placement and other costs
associated with the campaign.
RECOMMENDATION
The Council is being asked to forward the agreement to the June 22 special meeting consent
agenda.
ATTACHMENTS
• Draft contract with Mammoth Agency in substantial form.
• Original contract executed with Mammoth Agency.
174 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's Office/COW, June 22/Info Memo, Saving Local.doc
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred
to as "the City", and Mammoth Agency, hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform marketing, tourism
promotion, and advertising services in connection with the project titled Saving Local, King
County.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect
for a period commencing upon execution and ending March 1, 2021, unless sooner terminated
under the provisions hereinafter specified. Work under this Agreement shall commence upon
written notice by the City to the Consultant to proceed. The Consultant shall perform all services
and provide all work product required pursuant to this Agreement no later than December 31,
2020 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services rendered
under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to the Consultant shall not exceed
$75,000 without express written modification of the Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of the
work for partial payment for that portion of the project completed to date. Such vouchers will
be checked by the City and, upon approval thereof, payment shall be made to the Consultant
in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed, services
rendered, and for all materials, supplies, equipment and incidentals necessary to complete
the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept available
for inspection by representatives of the City and the state of Washington for a period of three
(3) years after final payments. Copies shall be made available upon request.
175
5. Ownership and Use of Documents. All documents, drawings, specifications and other materials
produced by the Consultant in connection with the services rendered under this Agreement shall
be the property of the City whether the project for which they are made is executed or not. The
Consultant shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with the Consultant's endeavors.
The Consultant shall not be responsible for any use of the said documents, drawings,
specifications or other materials by the City on any project other than the project specified in this
Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and
regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or resulting from the acts, errors or omissions of the
Consultant in performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
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 Consultant and
the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall
be only to the extent of the Consultant's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Consultant'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.
8. Insurance. The Consultant 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 Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant shall obtain insurance of the types
and with the limits described below:
Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability insurance
shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, stop -gap independent contractors and personal
injury and advertising injury. The City shall be named as an additional insured under
the Consultant's Commercial General Liability insurance policy with respect to the work
performed for the City using an additional insured endorsement at least as broad as
ISO endorsement form CG 20 26.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
3. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
176
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the full
available limits of Commercial General and Excess or Umbrella liability maintained by the
Contractor, irrespective of whether such limits maintained by the Contractor are greater than
those required by this Contract or whether any certificate of insurance furnished to the Public
Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and 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 Consultant's insurance and shall not be
contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A:VI I.
E. Verification of Coverage. Consultant 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 Consultant shall furnish certified
copies of all required insurance policies, including endorsements, required in this Agreement
and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City 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 Consultant 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 Consultant 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 Consultant from the
City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 Consultant nor any employee of the Consultant 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 for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to the Consultant, or any employee of
the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract. For breach or violation of this warrant, the City
shall have the right to annul this contract without liability, or in its discretion to deduct from the
contract price or consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
177
11. Discrimination Prohibited. Contractor, 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.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided
for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do so
by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws, regulations,
and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the
City of Tukwila. 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. Venue for any action arising from or related to this Agreement
shall be exclusively in King County Superior Court.
16. Severability 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.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant 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.
IM
DATED this
CITY OF TUKWILA
Allan Ekberg, Mayor
Attest/Authenticated:
Clerk, Christy O'Flaherty
day of , 20
CONSULTANT
By:
Printed Name:
Title:
Approved as to Form:
Office of the City Attorney
City
Exhibit "A"
Save Local Marketing Campaign
Note, this agreement supersedes City contract No. 20-041.
A. Campaign Overview
Rac kgo;:�und.
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 Home' order is slowly being 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.
0 IIIb I ecti ve,
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 King CountyThe campaign will ideally expand to more of Western
Washington as partner organizations join the effort.
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.
B. Project Approach and Deliverables
Website
Contractor will continue updates to SavingLocalKC.com with new offers (design squares, post content,
individual offers pages), partners, copy edits. New offers to be posted weekly. Updates to homepage
photos to show more offers every 2 months.
Duration: May 15, 2020 to December 31, 2020.
Cost: $2,000 per month, half month in May is $1,000
Social Media
Contractor shall provide social media management, which shall include create and post original social
media content for Facebook, Instagram, and Twitter, including custom graphics and sourced
:....................
photography. 5-7 posts per week. Community growth and engagement strategy (following, retweeting,
liking other posts, etc.). Content moderation.
Duration: May 15, 2020 to December 31, 2020.
Cost: $3,000 per month, half month in May is $1,500.
Project Management and Reporting
Contractor shall provide project management services, which shall include weekly reporting with high
level stats on website visits, social media engagements, summary of Mammoth project activities.
Duration: May 15, 2020 to December 31, 2020.
Cost: $1,000 per month, half month in May shall be $500.
Strategic Development
Contractor shall create and execute of strategic plan to expand the reach of the campaign. Strategic plan
shall be submitted to City by July for review and approval.
Google Search Ad Campaign
Contractor shall set up and manage Google Search ads initiative to promote Saving Local. Google
Search Ads will boost the Saving Local website and ensure it appears in a highly visible result position
when people are searching for terms related to Saving Local, local deals, and ways to support local
businesses. Ads will be geotargeted to only reach people searching in King County. Ads will be tailored to
send users to specific sections of the website depending on their search terms. Additional keywords and
ads can be added to the campaign to expand reach, for example if we want to appear to small business
owners searching for ways to increase cash flow.
Duration: July 1, 2020 through December 31, 2020.
Cost: One time set up cost, $1,000.
Ongoing management costs: $30 per month or 15% of Google search ad cost, whichever is
higher. City shall pay direct costs to Google for search ads, which Contractor shall manage.
Paid Social Media Campaign
As directed by the City, the Contractor shall run a two month, focused, paid social media campaign. The
City and Contractor shall identify the proper time in the campaign to launch the two -month period. The
City may decide to reduce or extend the length and reach of the paid social media campaign.
The primary goal of the paid media campaign should be driving people to the website. This will do double
duty of raising awareness and giving people the opportunity to purchase offers. Now that the campaign is
established, we do not recommend further ads geared towards gaining new followers. Given those
objectives, we recommend allocating the majority of the media spend to Facebook and Instagram, which
were twice as efficient at sending users to the site.
Facebook/Instagram Website Ads: ads with the objective of sending people to a landing page on the
site. Ads can send people to the homepage, the Offers page, or a specific city/category of offer to align
with ad copy. Creative could be updated monthly and iterated upon to ensure the content remains fresh
and the best performing ads receive the most impressions.
Targeted to King County adults interested in deals, engaged shoppers, and the civically engaged
Estimated impressions: 3.6 million. Estimated link clicks: 18,000
Facebook/Instagram Awareness Ads: a small portion of budget can be reserved for objectives that
arise beyond web visits, such as promotion of a favorable op-ed or organic post, or encouraging
newsletter signups or some other course of action. Budget can be folded into website ads if necessary
Estimated Impressions: 400,000
Twitter Website Ads: ads sending people to the site with a light touch in order to ensure reach among
the Twitter audience.
Targeted to zip codes in the Greater Seattle area., interested in deals, dining out, events, etc. Estimated
impressions: 700,000, Estimated link clicks: 1,100
Duration: Two -month period, To be determined by City.
Cost: One-time creative cost: $3,000
15% media commission of the total social media spend. Contractor shall place social
media ad buys directly with Facebook (including Instagram) and Twitter. City shall pay
Facebook and Twitter directly.
:E
20-041
Council Approval N/A
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
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 Bud et. 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.
CA Revised December 2016 Pagel of4
"M
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 Keepin-q 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. 4'
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
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12. Assignment and SubcgEllract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Fntire Agreements 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. Severability 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. Npliggl. 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. A1212ligable 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 20 day of April, 2020.
CITY OF TUKWILA CONTRACTOR
David Cline, CA Administrator
�/-j
/ 11)1)1l'e 7
All -'fayor
APPROVED AS TO FORM
...........
6
Office of the City Attorney
By:
,
Printed Name and Title. Brooke BluePresident
Address: Mammoth
501 E Pine St 201
Seattle, WA 98122
CA Revised December 2016
Mr;
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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 Home' order 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.
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CA Revised December 2016
I M%
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 of 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 microsite, and work with Tukwila to organize, curate, and verify the
deals and vendors listed on the site. The City shall retain ownership of the microsite and domain
developed as part of this 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 a larger
geographical region.
Advertising and Media Services
Creative development and deployment of paid media assets will be timed to coincide with the launch
of the campaign microsite. The ads will be reflective of the campaign's objectives and ethos, and
designed to effectively compel audiences to engage with the creative assets, click through to the
microsite, and spend time exploring and purchasing available deals.
Mammoth will develop and present a recommended media plan. Because of current social
distancing recommendations, people are overwhelmingly staying at home, so paid media will
largely focus on digital display and social media advertising.
Social Media
Effective social media outreach will be a critical component of this campaign. Mammoth will design
and develop Facebook and Instagrarn accounts for Tukwila's 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 City's official social media handles. The City shall
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 a commitment to transparency and partnership by working proactively with relevant
media outlets.
CA Revised December 2016
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Exhibit "B"
Compensation
Contractor Services Total cost shall not exceed $37,500. Services shall be provided from April 13, 2020 until May 12,
2020, unless mutually agreed by the parties.
Cost is inclusive of the following services:
Campaign Development and Planning
Campaign Branding
Contractor shall provide the following services:
• Campaign Development: Name of initiative, theme, and visual direction. Concepts presented to
client for feedback along with findings from our research and social media exploration.
Website Development
Recommended domain name, hosting set up, design, build and launch of website. Mammoth will
help create accounts for both domain and host. The website will include the following
• Stock photography (as needed), or photography provided by city or partners.
• Site built on Content Management System to enable updates to be made easily to
onboard new businesses participating in the 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 on the offers page a category functionally will
be developed allowing users to sort by business 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, or other communications tactics.
Social Media
Save Local
Contractor shall provide development and support for social media as follows
• Mammoth will create page graphics for Facebook, Instagrarn and Twitter for Saving Local and
manage organic postings through May 12
• 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
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• Development of social media share toolkit for partner businesses to help promote Saving Local
on their 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 to the 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 8,500 followers
across all social media platforms
• Advertise to optimize visits to the website, with the goal of having 12,500 website 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 December 2016
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