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HomeMy WebLinkAbout20-061 - True Blue Strategies (formerly Mammoth Agency) - Experience Tukwila Marketing CampaignCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 20-061(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Mammoth Agency That portion of Contract No. 20-061 between the City of Tukwila and Mammoth is hereby amended as follows: • To reflect a change in the Consultant's name, the Consultant is updated to be True Blue Strategies. The Consultant's tax ID number remains the same. Section 3 is amended as follows: • The Agreement shall remain in force until May 1, 2021, unless sooner terminated under the provisions in the Agreement, and this Amendment #1 shall be retroactive to January 1, 2021. Section 4.A is amended as follows: • The total amount of the Agreement is now $115,000. Exhibit "A," Scope of Services, is amended as follows: • Project Management shall occur for the months of January, February, and March in 2021. Rate shall remain the same. (Total: $1,000 X 3 = $3,000) • Social media management shall be extended for the months of January, February, and March in 2021. Rate shall remain the same. (Total: $3,000 X 3 = $9,000) • Website ongoing content updates and graphics for the months of January, February, and March. Rate shall remain the same (Total: $2,000 X 3 =$6,000) • Email content, design and deployment for February and March at $750 ea x2, $1,500 • The video worked outlined in the Agreement is removed. • Consultant shall complete a photoshoot of images in the City. The parties acknowledge that photo shoot has already been completed and new addition work or billing is not needed. All other provisions of the Agreement shall remain in full force and effect. Dated this 1st day of March, 2021. {KKw 7 ,QN b75.000001/ } Page 1 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CITY OF TUKWILA C71(Leut 6,66,e/cg Allan Ekberg, Mayor 04/21/2021 Agreement Number: 20-061(a) CONTRACTOR Printed Name: tiro°Ke ue ATTEST/AUTHENTICATED APPROVED AS TO FORM ?/t4eve-y (96 ,qty Key: 11,25,0,1,,c5,1D,SeUta02b,e5 Christy O'Flaherty, MMC, City Clerk Office of the City Attorney {KKw 7 jpg b75.000001/ } Page 2 of 2 Contract No. 20-061 Council Approval 7/20/20 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Tukwila, Woeh|noton, hereinafter referred toaa"the CU«". and Mammoth Agency, hereinafter referred to as "the Consultant", in consideration of the mutuat 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 prject titled Experience Tukwila. 2. Scope of Services. The Consultant agrees to perform the oervimee, 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 shafl 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 untess 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 fotiows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $95,000 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 partiat payment for that portion of the projectject 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 Gity. D. Payment as provided in this section shall be full compensation for work perfornngd, services nandeved, and for all rnaterie|e, aupp|iee, 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 5. fwnership.and. L[se cif 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. Cornpt .nce_wfa_h_aws. 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: 1. C.or, rr, er ia! Gener iabitity 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',,,Gompensation coverage as required by the Industrial Insurance laws of the State of Washington. 3. Prnfe abna.l...,.L.iabslity 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. 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:VII. 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 Aaair_st 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. 11. Discrimina.tion_PrmEL.bited. 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 shah not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. N9n Wa'yer. 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. A.p,pll abf.QLaw;....,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. 8everabilit.a.nd,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: Mammoth Agency 501 E. Pine Street, Suite #201 Seattle, WA 98122 18. Entire hent Msadifi ti tai., 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 27th day of July CITY OF TUKWILA C.-41(La.,t .65r/e'g Allan Ekberg, Mayor Attest/Authenticated: C1h4.€ 6,677(czAe Key- rSeeFleRIK1,ete,e,72,21,720,""".j , 2020 CONSULTANT By: Printed Name: Brooke Blue Title: Managing Director Approved as to Form: QifGo . Christy O'Flaherty Office of the City Attorney City 0lerk Exhibit "A" Experience Tukwila Contractor will help the City develop the Experience Tukwila marketing, promotion, and advertising campaign. Before proceeding with any task outlined below the City will provide authorization to proceed, which will be either via United States Mail or Electronic Mail. Project Management and Reporting Project management, monthly in-depth report with high level stats on website visits, social media engagements, email newsletter engagement, summary of all digital activities (posts, content, graphics, etc.) — multi -page report with charts and design. Ongoing cost: $1,000/month $7,000 June - December = 7 months Social Media Create and post original social media content for existing Facebook, Instagram, and Twitter accounts including custom graphics and sourced photography. 5-7 posts per week. Community growth and engagement strategy (following, retweeting, liking other posts, etc.). Content moderation (flagging abusive comments for client). identifying externally generated content to share, retweet, or otherwise promote. Creation of Linkedln account, ongoing content creation, including website blog posts, and upcoming events information. Ongoing cost: $3,000/month -t'/% of May = $22,500 May 15 - December Website — Development Site to launch no later than October 1 Design and development of Experience Tukwila website. WordPress site — photos and videos, creation of blog, events page, calendar, email signup and CRM tool (such as MailChimp), and social media integration. Website process will include a Research and Discovery report which will document the technical and content needs of the site, as well as the audiences, goals and timeline of development. The City will be able to gather community and stakeholder input at this time, which will be reflected in the report. This document will be shared with client prior to moving onto next phases which include creation of a sitemap, wireframes, and then a live website prototype. The client will have opportunities to review and provide feedback at all stages. Development Cost: $25,000 Website — Ongoing Content Updates and Graphics Ongoing content updates to Experience Tukwila website, including new graphics, photography, calendar updates, original blog content, and content promoting upcoming events. Coordination with others in community for guest blog posts. Training as necessary for City team members to manage and post content to the site. Ongoing cost: $3,000/month (October -December) = $9,000 Email Marketing Email marketing setup and template. Email content strategy and planning. Content creation program with 3 emails sent between October and end of year. Development Cost: $1,500 Ongoing cost: $750 per email = $2,250 Videos Creation of 3 original videos promoting the City of Tukwila. Additional video editing and strategy for promotion (e.g. cutting existing video into :30 second social media clips). Depending on the needs for the videos, we can allocate the majority of the budget into one high production value video (for example one video for $15,000 and two shorter cuts for $2,500 each), etc. We will work with client to finalize scope prior to production. Development Cost: $20,000 Sponsorships Creation of graphics for sponsorships, content plan and strategy, including social media graphics and toolkits for partners. Development Cost: $2,000 per sponsorship Other Services The following services can be bid out upon request: • Public Relations and earned media: We can coordinate with our earned media expert, as needed, on promoting events, business openings, or around other key initiative • Paid social media campaigns (to promote initiatives, events, and other content) Paid media campaigns (print, TV, radio, etc.) • Custom photoshoot to expand Experience Tukwila brand library • Branded collateral as needed (e.g. event or sponsorship signage) • Research — qualitative or quantitative research (e.g. to better understand perceptions about Southcenter District) • Graphic design work, as needed for specific projects directed by City. • Consulting services for marketing, advertising, event promotion, and general City promotion