HomeMy WebLinkAbout21-064 - True Blue Strategies - Experience Tukwila Digital InitiativeCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-064(b)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment # 2
Between the City of Tukwila and True Blue Strategies
That portion of Contract No. 21-064 between the City of Tukwila and True Blue Strategies
is hereby amended as follows:
Section 3
This Agreement shall be in full force and effect for a period commencing on April 1, 2021
and ending June 30, 2022 March 31, 2022, 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 January 31,
2022 unless an extension of such time is granted in writing by the City (email suffices).
All other provisions of the contract shall remain in full force and effect.
Dated this 31st day of
CITY OF TUKWILA
Allan Ekberg, Mayor
March
, 20 22
BJM
03/31/2022
CONTRACTOR
Printed Name: Brooke Blue
ATTEST/AUTHENTICATED APPROVED AS TO FORM
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Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
CA Reviewed May 2020
Page 1 of 1
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-064(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and True Blue Strategies
That portion of Contract No. 21-064 between the City of Tukwila and True Blue Strategies
is hereby amended as follows:
Section 3
This Agreement shall be in full force and effect for a period commencing on April 1, 2021
and ending March 31, 2022, 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 January 31, 2022 December 31,
2021 unless an extension of such time is granted in writing by the City (email suffices).
Section 4.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 $ 125,000 130,000 without express written modification of the Agreement
signed by the City.
Exhibit A
The following additional work is added to the "Special Services" section of Exhibit A:
Contractor will redesign the City's one page economic development handouts to be
consistent with the Experience Tukwila brand. The following page categories will be
completed:
• Dining
• Entertainment
•Southcenter District
• Retail
•City Overview.
Exhibit A, Table 1
Table 1 shows an estimate as to how funds will be allocated. The City may reallocate funds
for specific tasks or eliminate tasks. The total funds for the contractor shall not exceed
$125,000, 130,00 unless mutually agreed by the City and Contractor.
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Page 1 of 2
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-064(a)
All other provisions of the contract shall remain in full force and effect.
CITY OF TUKWILA CONTRACTOR
BJM
Allan Ekberg, Mayor Name/Title
Date: 01/28/2022 Date: 1/21/21
ATTEST/AUTHENTICATED APPROVED AS TO FORM
/try 06 Bey
Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
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Page 2 of 2
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 21-064
Council Approval 4/19/21
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 True Blue Strategies, hereinafter referred to as "the Consultant" or
"Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform marketing,
advertising, and social media management services in connection with the project titled
Experience Tukwila Digital Initiative.
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 on April 1, 2021 and ending March 31, 2022, 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, 2021 unless an extension of such time is granted in writing by
the City (email suffices).
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
"A" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $125,000 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 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.
City retains ownership of all social media accounts and the ExperienceTukwila.com website,
including domain name. Upon expiration of this Agreement or demand by the City,
Consultant shall transfer hosting of ExperienceTukwila.com to a provider of the City's choice
and provide all login credentials for ExperienceTukwila.com and all Experience Tukwila
social media accounts.
City retains ownership of any photography, videography, and animation created in
conjunction with 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:
1. 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.
CA revised May 2020
Page 2
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.
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 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 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
CA revised May 2020
Page 3
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 (e-mail suffices).
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
CA revised May 2020
Page 4
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 20th day of April
, 2021
CITY OF TUKWILA CONSULTANT
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Allan Ekberg, Mayor 04/29/2021
By:
Printed Name: Brooke Blue
Title: Managing Director
Attest/Authenticated: Approved as to Form:
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CA revised May 2020
Page 5
Exhibit "A"
Scope of Services
Contractor shall provide marketing, advertising, and social media management services to the City
with the intent of bringing more visitors to the City and improving the City's image. The focus for
2021 shall be to restore consumer confidence following (hopeful) easing of COVID-19 restrictions
that limited occupancy of retailers, restaurants, and which significantly impacted overnight travel.
Day -to -Day Manaqement of Experience Tukwila
Contractor is responsible for the day-to-day management of the City of Tukwila Experience Tukwila
social media accounts (Facebook, Instagram, Twitter, and Linkedln) and the ExperienceTukwila.com
website. Contractor shall provide the following services outlined in Table 1 below.
Special Services
In addition to the work outlined in Table 1, Contractor shall provide the following additional special
services to the City.
1. On dates mutually agreed by the City and Contractor, organize a two-day photo shoot within
the City to capture more crowds, personal portraits, and b -roll footage. Total cost not to
exceed $15,000. Work shall not begin until authorized by the City.
2. Produce six short videos or animations promoting the City. Total cost not to exceed $18,000.
Work shall not begin until authorized by the City.
3. Provide on-call, on -demand graphic design services to the City. The specific projects shall be
bid on request by the City.
4. Paid media recommendations, as needed, with the specific services added by the City upon
request, with a cost estimate provided by the Contractor.
5. Earned media and community partners program. The specific work shall be negotiated by the
City and the Contractor, with the Contractor providing the City an estimate for the proposed
work.
6. Other marketing and advertising services deemed necessary by the City to achieve the goals
of promoting the City to visitors. Specific services and costs shall be negotiated as specific
projects are proposed by either City or Contractor.
CA revised May 2020
Page 6
Table 1
Table 1 shows an estimate as to how funds will be allocated. The City may reallocate funds
for specific tasks or eliminate tasks. The total funds for the contractor shall not exceed
$125,000, unless mutually agreed by the City and Contractor.
Nine
Month
Cost
Monthly (April -
Notes Rate December
Project Management, monthly analytics
reporting on web and social analytics, site
hosting and administration.
Creation and posting of original social
media content for existing Facebook,
Instagram, Twitter, and Linkedln accounts
including custom graphics and sourced
photography. 5-7 posts per week.
Community moderation. Identify externally
generated content to share, retweet, or
otherwise promote. Ongoing content
creating for Linkedln one post per week.
Expanded stories, videos, gifs, and
interactive content. City retains ownership
of all social media accounts. Upon request,
Contractor shall provide the City sign in
credentials for social media accounts.
Ongoing website support and content
updates, editorial calendar management,
blog content and event updates. Includes
adding additional content to the site such as
new restaurant and shopping listings,
updating imagery including refreshing
homepage content. Contractor is
responsible for hosting
ExperienceTukwila.com. City retains
ownership of ExperienceTukwila.com
website and the domain name. Upon
termination of this Agreement, Contractor
shall transfer hosting and the domain name
ExperienceTukwila.com to the City.
Deployment of one email per month to
Experience Tukwila newsletter subscribers.
Email content development and
management including
subscriber/engagement reporting
Task
Project
Management
and Reporting
Social Media
Content and
Management
Website
Content
Updates
Email
Marketing
Content and
Management.
CA revised May 2020
$1,000
$3,000
$2,000
$750
$9,000
$27,000
$18,000
$6,750
Estimated
Hours per
month
($175 per
hour)
6
17
11
4
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