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HomeMy WebLinkAboutPCD 2025-02-10 Item 1A - Contract - Experience Tukwila Management and General Marketing with True Blue Strategies City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO:Planning and Community DevelopmentCommittee FROM:Brandon J. Miles,Director, Strategic Initiatives CC:Thomas McLeod DATE:February 3, 2025 SUBJECT:Agreement with True Blue Strategies for Experience Tukwila ISSUE Authorize the Mayor to sign an agreement with True Blue Strategies for the management and operation of the Experience Tukwila Digital Initiative and to provide general marketing services for the City. BACKGROUND In2020, the City launched the Experience Tukwila Digital Initiative to aggressively promote the Tukwila community withinthe Seattle region. Experience Tukwila includes dedicated social media accounts and a website with original content highlighting restaurants, retailers, events, and the overall Tukwila community. The Experience Tukwila digital initiative hasallowed us to do sponsorships and partnershipsthat we were unable to do in the past, including being a partner for Seattle Restaurant Week and partnering with the Seattle Seawolves. For 2025and 2026Experience Tukwila will focus on growing its reach and followers on social media with authentic posts, including video, and getting our social media and digital media assets ready for the World Cup. DISCUSSION Tukwila since it launched in 2020.True Blue is small, womanowned marketing firm based out of Seattle and is responsible for the day-to-day management of Experience Tukwila. The City selected True Blue in 2020 after interviewing several firms. True Blue was selected duetoits small size and overall background in working with both public policy and marketing.It takes time to build up and get a rhythm in marketing and promotion. True Blue has gained good experience in marketing the City and continuing to use them will provide significant value to the City. FINANCIAL IMPACT The City Council approved lodging tax funding in 2025for 2026 for $200,000 in both years for Experience Tukwila.The agreement with True Blue is not to exceed $200,000and will run from February 1, 2025 to January 31, 2026. As a reminder, lodging tax funds are collected at area lodging businesses from overnight stays. Under Washington State law, lodging tax funds can only be used for tourism promotion activities, such as Experience Tukwila. RECOMMENDATION Staff recommends that the Committee forward the Agreementto the consent agenda on the February 24, 2025 special meeting. ATTACHMENTS 1.Draft Agreement between the City of Tukwila and True Blue Strategies. 1 2 Contract Number: City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 PROFESSIONAL SERVICES AGREEMENT (Includesconsultants, architects, engineers, accountants, and other professional services) THIS AGREEMENTis entered into between the City of Tukwila, Washington, hereinafter referred to as the City, andTRUE BLUE STRATEGIES, 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 performmarketing, advertising, tourism promotional, and social media management servicesservices in connection with the project titledExperience Tukwila DigitalInitiative. 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 periodbeing retroactive to February 1, 2025and endingJanuary 31, 2026, 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 thanJanuary 31, 2026 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 Aattached hereto, provided that the total amount of payment to the Consultant shall not exceed$200,000without 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 Consultants records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the stateof Washingtonfor a period of three (3) years after final payments. Copies shall be made available upon request. 3 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 Consultants 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 Consultants liability hereunder shall be only to the extent of the Consultants 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. agreement shall not be construed to limit the liability of the Consultant to the coverage provided recourse to any remedy available at law or in equity. A.MinimumAmounts andScope of Insurance. Consultant shall obtain insurance of the types andwith thelimits described below: 1.Automobile Liabilityinsurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident.Automobile Liability insurance shall coverall owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial General Liabilityinsurance 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 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. 3.coverage as required by the Industrial Insurance laws of the State of Washington. CA revisedMay 2020 Page 2 4 4.Professional Liabilitywith limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the 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. General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respectto the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consinsurance and shall not be contributedor 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. Consultantshall 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 Consultantshall furnish certified copies of all required insurance policies, including endorsements, required in this 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, offsetagainst 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 responsiblefor 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. CA revisedMay 2020 Page 3 5 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 sectionshall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15..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 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: True Blue Strategies, LLC 255 S. King Street, Ste. 800 Seattle, WA 98104 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. CA revisedMay 2020 Page 4 6 DATED this _________ day of ____________________________, 20_____. CITYOFTUKWILA CONSULTANT: By: Thomas McLeod, Mayor Printed Name: Title: ATTEST/AUTHENTICATED: Andy Youn-Barnett, City Clerk APPROVED AS TO FORM: Office of the City Attorney CA revisedMay 2020 Page 5 7 Scope of Services Contractor shall provide marketing, advertising, and social media management services to the City 2025shall beto continue to promote the City of Tukwila as a great place to play, stay, shop, and dine. Day-to-Day Management of Experience Tukwila Contractor is responsible for the day-to-day management of the City of Tukwila Experience Tukwila social media accounts (Facebook, Instagram, X, and LinkedIn) and the ExperienceTukwila.com website. Contractor shall provide the following services outlined in Table 1 below. Special Services In additiontothe work outlined in Table 1, Contractor shall provide the following additional special services to the City.The reimbursement for these items shall be negotiatedseparately and no work shall be performed until written (email suffices)notification has been provided by 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. 2.Juneteenth Poster and other special art workcoordination. 3.Producevideos or animations promoting the City. 4.Website refresh of ExperienceTukwila.com. 5.Paid media recommendations, as needed, with the specific services added by the City upon request, with a cost estimate provided by the Contractor. 6.Provide recommendations and strategies to help the City improve its social media followers and engagement. 7.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. 8.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 revisedMay 2020 Page 6 8 Ubcmf!2!tipxt!bo!ftujnbuf!bt!up!ipx!gvoet!xjmm!cf!bmmpdbufe/!Uif!Djuz!nbz!sfbmmpdbuf! gvoet!gps!tqfdjgjd!ubtlt!ps!fmjnjobuf!ubtlt/!! Ubtl!Opuft!Npouimz!23.npoui!dptu! Sbuf!)Gfcsvbsz-! 3136!uispvhi! Kbovbsz-!3137*! Qspkfdu!Qspkfdu!Nbobhfnfou-!npouimz!bobmzujdt!%2-611!%29-111! Nbobhfnfsfqpsujoh!po!xfc!boe!tpdjbm!bobmzujdt-!tjuf! ou!boe!iptujoh!boe!benjojtusbujpo/! Sfqpsujoh! Tpdjbm!Dsfbujpo!boe!qptujoh!pg!psjhjobm!tpdjbm!%7-611!%89-111! Nfejb!nfejb!dpoufou!gps!fyjtujoh!Gbdfcppl-! Dpoufou!Jotubhsbn-!Uxjuufs-!boe!MjolfeJo!bddpvout! boe!jodmvejoh!dvtupn!hsbqijdt!boe!tpvsdfe! Nbobhfnfqipuphsbqiz/!6.8!qptut!qfs!xffl/! ou/!Pof!pgg!Dpnnvojuz!npefsbujpo/!Jefoujgz!fyufsobmmz! eftjho!hfofsbufe!dpoufou!up!tibsf-!sfuxffu-!ps! tfswjdft/!puifsxjtf!qspnpuf/!Pohpjoh!dpoufou! dsfbujoh!gps!MjolfeJo!pof!qptu!qfs!xffl/! Fyqboefe!tupsjft-!wjefpt-!hjgt-!boe! joufsbdujwf!dpoufou/!Djuz!sfubjot!pxofstijq! pg!bmm!tpdjbm!nfejb!bddpvout/!Vqpo!sfrvftu-! Dpousbdups!tibmm!qspwjef!uif!Djuz!tjho!jo! dsfefoujbmt!gps!tpdjbm!nfejb!bddpvout/!Usvf! Cmvf!xjmm!bmtp!tvqqpsu!uif!Djuz!xjui!pof.pgg! eftjho!offet-!tvdi!bt!pof.qbhfst-!qptufst-! fud/!xifo!sfubjofs!ipvst!bsf!bwbjmbcmf/! Xfctjuf!Pohpjoh!xfctjuf!tvqqpsu!boe!dpoufou!%3-111!%35-111! Dpoufou!vqebuft-!fejupsjbm!dbmfoebs!nbobhfnfou-! Vqebuft!cmph!dpoufou!boe!fwfou!vqebuft/!Jodmveft! beejoh!beejujpobm!dpoufou!up!uif!tjuf!tvdi! bt!ofx!sftubvsbou!boe!tipqqjoh!mjtujoht-! vqebujoh!jnbhfsz!jodmvejoh!sfgsftijoh! ipnfqbhf!dpoufou/!Dpousbdups!jt! sftqpotjcmf!gps!iptujoh! FyqfsjfodfUvlxjmb/dpn/!!Djuz!sfubjot! pxofstijq!pg!FyqfsjfodfUvlxjmb/dpn! xfctjuf!boe!uif!epnbjo!obnf/!Vqpo! ufsnjobujpo!pg!uijt!Bhsffnfou-!Dpousbdups! tibmm!usbotgfs!iptujoh!boe!uif!epnbjo!obnf! FyqfsjfodfUvlxjmb/dpn!up!uif!Djuz/! Fnbjm!Efqmpznfou!pg!pof!fnbjm!qfs!npoui!up!%2-111!%23-111! Nbslfujoh!Fyqfsjfodf!Uvlxjmb!ofxtmfuufs!tvctdsjcfst/! CA revisedMay 2020 Page 7 9 Dpoufou!Fnbjm!dpoufou!efwfmpqnfou!boe! boe!nbobhfnfou!jodmvejoh! Nbobhfnftvctdsjcfs0fohbhfnfou!sfqpsujoh! ou! Upubmt;!%22-111!%243-111! The Contractor may also complete other services as needed and as directed by the City. Other work that may be added to the scope of the agreement, but shallnot exceed $68,000, including, but not limited to, the following: Securing and paying for third party social media and marketing support services. Obtaining art and other graphics for City events. Ad buys, including commissions for work. Providing recommendations on search engine optimization for ExperienceTukwila.com City newsletter support and creation. Providing general marketing recommendations to the City. Graphic design work and support. Special marketing projects. CA revisedMay 2020 Page 8 10