HomeMy WebLinkAbout20-059 - Mammoth Agency - Saving Local Marketing CampaignCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
20-059
Council Approval 6/22/20
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. $cope 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. 17uratinn of Agreement; Tim for P _rformance 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 riot 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.
5. Ownership a KU;8fDocu0nents' All dOCuOleDtS. drawings, specifications and Other nn8teh8|O
produced by the Consultant in connection with the services rendered under this Agreement ohmU
be the property of the City whether the project for which they are made is executed or not. The
(30mau|tmnt mhmU be permitted to retain copies. including reproducible copies, of dmovv[ngm and
specifications for information, reference and use in connection with the Consultant's endeavors.
The Consultant shall not be peopmms|Ne for any use of the said documents, drawings,
sped hoationm or other materials by the City on any project other than the project specified in this
Agreement.
6. Lavffi TheConsultant shall, in performing �he ��rvioem contemplated by this
Agreement, faithfully observe and comply with all federal, mtabs. and |onm| |mvwo, ordinances and
regulations, applicable tothe services rendered under this Agreement.
7 Ind . The Consultant shall defend, indemnify and hold the Cihv, its oMioers, ofOo|m(s,
employees and volunteers harmless from any and all c|airna^ injuries, dmnlaQem. |ooaeo or mV|to
including attorney fees, arising out of or resulting from the m1ts, errors or omissions of the
Consultant |nperformance ofthis Agreement, except for injuries and damages caused bvthe sole
nmgUigenceuf the City.
Should a court of competent jurisdiction determine that this /\Qveernemt is subject to R<]VV
4.24.115' then. in, the event ofliability for damages arising out of bodily injury to persons or
damages hopnxpertvcaused byurres/|Mngfrmrothe concurrent negligence ofthe (�onmu|tantand
the (�itv. its of5cmra''of0c|a|a. ammp|oyeea, and volunteers, the Consultant's liability hereunder shall
b only
t�h� �*d�n� of Consultant's n�gMq�m�� it is further specifically and expressly
� yo '
understood that the indemnification provided herein constitutes the Conmu|tanca waiver of
lrnnnuni'under Industrial, Insurance, Title 51 FlM 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 urtermination ofthis 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 ConsV|U@D1 its ageAts,
reprmsentmtivem, 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, orotherwise limit the C[ty`srecourse b»any remedy available mtlaw orinequity.
A. DAyn|mnmmn Amounts and Scope of |nmuomnoe- Consultant shall obtain insurance of the types
and with the limits described below:
1mmarcia nera| Liability insurance with limits no |eam than $2.000.080 each
occurrence, $2.0O0.00Ogeneral aggregate. Commercial' General Liability insurance
shall bmatleast asbroad amISO occurrence form CG0OQ1and shall cover liability
arising from premises, operations, stop -gap independent contractors and personal
in'uryand advertising in''u�� The ��ih/shall benannedaamnadditional insured under
the
^ Consultant's Commercial General Liability insurance policy with respect tOthe work
performed for the City using onadditional insured endorsement atleast mmbroad am
ISO endorsement form CG 20 26.
2.
State OfWashington.
coverage omrequired by the Industrial insurance laws of the
3 with limits, no less than $3l00.000 per dmUn and $2J30000K0
policy aggregate Urnit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
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
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 subcontractorscoverage.
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. cwenanLAgainsLCantingent F_e_es. 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.
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-Waiv- . 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 Agreernent, 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; AltArney'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. Noticps 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:
Pi Nc 5+ 3tr
cc Vot ct
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.
DATED this 21 St day of
CITY OF TUKWILA CONSULTANT
00iariwfvlaSeart.....,a;;;,;4;
C/(11eut 8,66eAg.
Allan Ekberg, Mayor
By:
, 20 ZC.
Brooke Blue
Printed Name.
Title: Managing Director
Attest/Authenticated: Approved as to Form:
C.-?Atevr9 Q671aheAty
ckrvte oe. oSezotze
Clerk, Christy O'Flaherty Office of the City Attorney
Exhibits A & B
Save Local Marketing Campaign
Note, this agreement supersedes City contract No. 20-041.
A. Campaign Overview
Background
As part of the Governor Inslee's "Stay Horne, 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.
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 King CountyThe campaign will ideally expand to more of Western
Washington as partner organizations join the effort,
flow 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.
B. Project Approach and it era b les
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, lnstagram, and Twitter, including custom graphics and sourced
photography. 5-7 posts per week. Community growth and engagement strategy (fn|lovving.rehweet|ng.
liking other posts, etolContent moderation -
Duration: May 15.2O20toDecember 31^2O2O.
Cost: $3,D0Jper month, half month |DMay |s $1.500.
Project Management and Reporting
Contractor shall provide project management services, which shall include weekly reporting with high
level m[ata on vvebs|ba vimitm, social media engagements, summary of Mammoth project activities.
Duration, May 15.2D2OtoDecember 31.2020.
Cost.- $1.00Oper month, half month, inMay shall be $500.
Strategic Development
Contractor shall create and amsouta of strategic plan to expand the m*ooh of the cgmnpmigm. Strategic p|mm
shall he submitted to City by July for review and approval.
Google Search Ad Campaign
Contractor shall set upand manage Google Search ads initiative topromote Saving Local.
Search Ads will boost the Saving Local mnabn&e and ensure iLappears inahighly visible result position
when people are searching for terms related to Saving Local, local deals, and ways to support local
businesses. Ads will be g�eotargehed toonly reach people searching hmKing 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.
Ongoingmanagement uomto: $3Dper mmnU1or1596mfGoog|e search adcost, vvhk:hevar|u
higher. City shall pay direct costs to Googl:e for search ads, which Contractor shall manage.
Paid Social Media Campaign
Asdirected bvthe 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 goalnfthe paid media campaign shouldbedriving This will dodouble
duty of raising avvamaneam and Q|x|ng people the opportunity to purchase ofhen9. Now that the campaign is
astab|ished, we do not recommend further ads geared tmvvenjs Aa|m|n0 new followers. Given those
objectives, vverecommend allocating the majority ofthanned|ampendtoFmcehookmnd|nmtagrarn^vvhich
were twice as efficient at sending users tothe site.
Face booknstm0ram WebsUte Adsads with the objective of sending people to a landing the
site. Ads can send people bzthe honmepaQe.the Offers page, uraspaofio 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,