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HomeMy WebLinkAboutProfessional Services Agreement with Robyn Egloff Design for Public Outreach on Construction Projects Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Craig Woolard, Director of Public Works Chris Kukulski, City Manager SUBJECT: Professional Services Agreement with Robyn Egloff Design, Inc. for Public Outreach and Communication on Construction Projects during the Summer and Fall of 2013 MEETING DATE: June 17, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign the Professional Services Agreement related to public outreach and communication on Construction Projects during the summer and fall of 2013. BACKGROUND: In an attempt to better communicate with the public about significant construction projects in Bozeman this year, the City requested quotes from several public relations firms for public outreach. Only one quote was received. Between the annual Street Improvements, Water Renovations, and Sewer Rehab, the North 7th Bridge Replacement as well as projects scheduled to be performed by the Montana Department of Transportation, Northwestern Energy and various private groups, this construction season is going to be a busy one. Per the scope of service and the consultant’s proposal, Robyn Egloff Design, Inc. will design an initial outreach plan for how to best communicate these projects to the public. They will meet with staff weekly and update content as needed. They will communicate regularly with contractors to provide up to date information to the public. They will post information on the various social media sites and in the newspaper and will provide a daily update on the radio. FISCAL EFFECTS: Per the attached agreement, the City would pay the Consultant $5,000 for the initial outreach plan, $2,000 per month for duties performed within the scope of work and any advertising fees (print, radio, web banners, etc.) up to $3,500 per month. Any work requested by the City beyond the scope of work, will be at the rate of $75 per hour. This agreement will be in effect until the fall of 2013 when work is completed. ALTERNATIVES: As suggested by the City Commission. Attachments: Professional Services Agreement Exhibit A – Scope of Services Robyn Egloff Design, Inc Proposal Report compiled on: June 4, 2013 28 EXHIBIT A Scope of Services for Public Outreach and Communication on Upcoming Construction Projects The City has 2 major construction projects to replace water and sewer lines. In addition, there are several major private and state construction projects that will be initiated this summer. It is the City’s intent to provide effective public communication on the status of these projects to the general public on a weekly basis throughout the construction season. The scope of services will include: 1. Development of a public communication plan that includes development of printed material, radio announcements and social media/web content 2. Weekly meetings with staff from the City of Bozeman and various construction contractors to determine what construction activities will occur and developing communication materials to relay construction information to the public. 3. Additional public communication and outreach activities as required by the City of Bozeman. 29 Proposal client. Craig Woolard City of Bozeman, Public Works Director project. Professional services related to public outreach and communication on construction projects in the City the summer and fall of 2013. date. 21 May 2013 Project Overview The City of Bozeman is seeking a contract for professional services related to public outreach and communication on construction projects in the City this summer and fall (2013). The city has two major construction projects to replace water and sewer lines. In addition, there are several major private and state construction projects that will be initiated this summer. It is the City’s intent to provide effective public communication on the status of these projects to the general public on a weekly basis throughout the construction season. Scope of Services 1. Development of a public communication plan that includes development of printed material, radio announcements and social media/web content. 2. Weekly meetings with staff from the City of Bozeman and various construction contractors to determine what construction activities will occur and developing communication materials to relay construction information to the public. 3. Additional public communication and outreach activities as required by the City of Bozeman. Our Approach We feel that it is important to reach consumers where they gather their information. In the past, this was strictly in newspapers, magazines, radio and TV. With the advent of social media, there are multiple media channels that offer an opportunity to share information and an opportunity to provide it in a timely manner. Our approach will include all of these channels. Initially, there will be a meeting with the City of Bozeman, our team, MDT, engineering firms, construction companies and any other “players” from the projects. It will be important to determine points of contact for each group so that communication can be streamlined throughout the course of the construction season. A schedule will be set to have weekly meetings with the points of contact so that all information can be shared and current information can be gathered for public outreach. Becky Edwards of Sun Snow Creative will be the representative from our team who will attend these weekly meetings. We propose that once we have a full scope of all proposed projects, that the city begin a proactive campaign letting the public know what to expect when “construction season” begins. This will be achieved via the outreach channels outlined below. Becky will initiate regular contact with City of Bozeman officials to obtain real-time construction updates, which she will then feed into our social media channels. These will be updated on a daily schedule and will provide concise and friendly updates for residents and visitors alike. Photos, maps and videos of the construction sites may also be used to help communicate with our community. robyn egloff design, inc. Robyn Egloff, Creative robynegloffdesign@yahoo.com 406.209.6868 Kendra Callantine, Project Manager kendracallantine@gmail.com 406.570.6613 Becky Edwards, Public Relations becky@sunsnowcreative.com 406.570.9427 30 robyn egloff design, inc. Becky will also monitor these social media channels and direct any community questions to the City of Bozeman construction website hub. Additionally, Becky will write, record and distribute a weekly construction report to be aired on all local radio stations in a fun, friendly “ski report” style. Becky will work with Robyn and Kendra to develop a campaign and consistent voice to educate people regarding where to go for current construction updates (i.e. social media and website). This voice and spirit will be carried through our daily reporting. Becky Edwards, Sun Snow Creative City of Bozeman Construction Companies Engineering FirmsMDT bozeman.net Unique URL for construction updates and outreach. Updated weekly with main events, updated as needed for major events/changes. Public outreach campaign- Educate people where to go for current construction updates via print, radio, web banner advertising, other. twitter facebook radio- ski report style, daily, repeats weekly message unless major event occurs Other Outreach Channels Bozeman.net We recommend a unique URL, that is easy to remember, that will direct people to a specific page on Bozeman.net. The page will provide construction updates that are updated on a weekly basis, or more often if needed. Content will include a map of the construction areas, timeline, major events, changes, closures, etc. Public Outreach Campaign This campaign will initially serve to proactively let the public know about upcoming construction in the Bozeman area. Once construction has begun, it will then serve to educate the public on where to find, online, current construction updates and will include the unique URL stated above. The campaign will include print advertising, web banners on local websites (which can click through to the Bozeman.net site), and radio. A full media plan will be organized and presented to the City of Bozeman/Craig Woolard, Director of Public Works for approval prior to placement. 31 robyn egloff design, inc. Social Media Outreach Prior to the commencement of construction, information about the construction, proposed closures, detours etc. can also be communicated via Twitter and Facebook. During the construction, weekly updates will be posted on the City of Bozeman Twitter and Facebook accounts. Information on these channels can also be shared with Downtown Business Partnership and businesses and associates in Bozeman who can post them on their own social media sites. Weekly Status Outreach This will be one of the most important aspects of the overall communication to the public. Current information gathered at the weekly update meetings will be disseminated to the public via Bozeman.net, social media and also via radio. We propose a “ski report” type of call in update to the radio stations that they can play on a daily basis. The “voice of Bozeman” would be Becky Edwards who provides the updates to the radio stations for broadcast. In the event of a major change in plans or if a timelier message needs to be made, Becky will provide a new update to the stations. Pricing Initial outreach plan Includes writing and implementing plan, creative for print campaign, media planning, account management. . . . . . . . . . . . . . . . . . . . . . . . . . .$5,000 Monthly Maintenance Attend meetings, ‘care and feeding’ of social media, follow through with media outlets, updates to print campaign as needed . . . . .$2,000/month Media Print, radio, web banners, etc. . . . . . . . . . . . . . . . . . . . . . . .$1,000-$3,500/month robyn egloff design, inc. will charge $75/hour for any additional services requested beyond the scope of work. Staff Qualifications robyn egloff design, inc. robyn egloff design, inc. is a full-service, graphic design shop founded in 2008 by Robyn Egloff. Robyn has 13+ years of experience in creative services, including graphic design, art direction, and production management. Previous clients include Big Sky Resort, First Interstate Bank and Travel Montana (now the Montana Office of Tourism). Her time working at a successful advertising agency brought a full understanding of how brand identity and development are created and executed from start to finish and applied across all mediums. Robyn’s current client list includes the City of Bozeman Solid Waste Division, Great Falls Clinic, Zone 4 Magazine, and National Parks Conservation Association Yellowstone Field Office. In addition, she contracts work through MercuryCSC (formerly Mercury Advertising) where she works on clients such as First Interstate Bank, Montana Office of Tourism, and Southeast Montana Tourism Region. Services included are brand development, brand identity (including logo and stationary package), logos, annual reports, catalogs, brochures, web development, interactive media, advertising and print bidding and purchasing. robyn egloff design, inc. has brought Kendra Callantine and Becky Edwards of Sun Snow Creative on board to help with Project Management, Media and Public Relations. Kendra Callantine Kendra Callantine is an Independent Marketing Consultant, Project Manager and Media Buyer. A fourth generation Bozeman native, Kendra has 20+ years of experience in project management, account management, brand identity and strategy, including 11 years at local agency MercuryCSC. She has 5+ years of media buying experience. Previous clients include Montana Office of Tourism, Southeast Montana Tourism Region, Bozeman Convention and Visitors Bureau, Big Sky Chamber and Visitors Bureau, Big Sky Resort and First Interstate Bank. 32 robyn egloff design, inc. Kendra’s current client list includes the City of Bozeman Solid Waste Division, Montana Office of Tourism and Lynn Donaldson Photography. Sun Snow Creative Sun Snow Creative is a communications, marketing and advocacy consulting firm founded in 2010 by Becky Edwards. Becky Edwards has over a decade of high-level public relations and marketing experience. Her in-house experience in the marketing department at Simms Fishing Products and as Public Relations Executive for the Montana Office of Tourism during her tenure at MercuryCSC, provided her with a wealth of experience creating a brand identity, honing her strategic communications skills, and effectively driving a message to consumers through traditional earned media as well as interactive social media. Becky’s current client list includes Resource Media, Gallatin Realtor’s Association, CoolWorks, Gardiner Gateway Project, Two Bear Foundation, Comma Q Architecture and Montana Conservation Voters. Previous clients include Partners Creative, Whitefish Legacy Partners, Western Conservation Foundation, Bozeman Ice Festival, Montana Office of Tourism and Simms Fishing Products. Becky has extensive experience creating and implementing communications plans with large-scale government agencies. During her tenure with the Montana Office of Tourism while at MercuryCSC, the public relations plan she spearheaded resulted in a leap of ROI from $5 million to $14 million in equivalent earned media value in just three years. Robyn, Kendra and Becky are all available via phone, email and for meetings as needed. Robyn Egloff Kendra Callantine Becky Edwards 406-209-6868 406-570-6613 406-570-9427 robynegloffdesign@yahoo.com kendracallantine@gmail.com becky@sunsnowcreative.com The Fine Print This proposal does not include outside costs for copywriting, photography or illustration or website development beyond the scope of the plan. Estimates for outside costs will be provided to the client based upon project specifications. This proposal is based on information provided by the client at the time of the estimate request. If any specifications change during the course of this project, new estimates will be required. The client is responsible for and payment of additional vendors upon delivery of finished work unless other payment arrangements have been made between the client and the vendor. This estimate is based on up to three rounds of proofs. Once work has begun, changes in creative direction or project specifications may call for a revised estimate. If the actual time spent on the project exceeds the initial estimate, the client will be notified and provided an estimate for additional hours to be billed at $75/hour. Meetings (after the initial conference) and phone calls are considered billable time. This estimate is good for 30 days. A payment plan will be finalized and agreed upon in the final contract agreement. 33 Professional Services Agreement for Public Outreach and Communication on Construction Projects Page 1 of 5 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this __28___ day of ______May______, 2013, by and between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and existing under the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana 59771, hereinafter referred to as “City,” and Robyn Egloff Design, Inc., 2500 Bergamot Court, Bozeman, MT 59715, hereinafter referred to as “Consultant.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to hire Consultant as an independent contractor to perform for City services described in the Scope of Services attached hereto as Exhibit “A” and by this reference made a part hereof. 2. Effective Date: This Agreement is effective upon the date of its execution and will terminate on the 31st day of December, 2014. 3. Scope of Work: Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services attached hereto. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Consultant an amount based on the Consultant’s proposal but not to exceed Fifty-Thousand Dollars ($50,000.00) for services performed pursuant to the Scope of Services. In addition, Consultant may be billed at the hourly rate, not to exceed Seventy-Five Dollars ($75.00) for any additional services requested beyond the scope of work. Any alteration or deviation from the described work that involves additional costs above the Agreement amount will be performed by Consultant after written request by the City, and will become an additional charge over and above the contract amount. The parties must agree in writing upon any additional charges. 5. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. Consultant has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, growth policies, adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Consultant represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this 34 Professional Services Agreement for Public Outreach and Communication on Construction Projects Page 2 of 5 Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status: The parties agree that Consultant is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. Consultant shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to defend, indemnify, and hold the City harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Consultant or Consultant’s agents or employees. For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Consultant or Consultant’s agents or employees. Consultant also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. Should City be required to bring an action against the Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’s applicable insurance policies required below the City shall be entitled to recover reasonable costs and attorney fees 35 Professional Services Agreement for Public Outreach and Communication on Construction Projects Page 3 of 5 incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Consultant was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. The above obligations shall survive termination of this agreement. In addition to and independent from the above, Consultant shall secure insurance coverage that will protect, defend, and indemnify the City and which is acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a company authorized to do business in the State of Montana in amounts not less than as follows: • Workers’ Compensation - statutory • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. 8. Professional Service: Consultant agrees that all services and work performed hereunder will be accomplished in a professional manner. 9. Compliance with Laws: Consultant agrees to comply with all federal, state and local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA. Consultant agrees to purchase a City business license. 10. Nondiscrimination: The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Consultant shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations 36 Professional Services Agreement for Public Outreach and Communication on Construction Projects Page 4 of 5 promulgated thereunder. The Consultant shall require these nondiscrimination terms of its sub- consultants providing services under this agreement. 11. Default and Termination: If either party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand- delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement. 12. Modification and Assignability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 13. Ownership and Publication of Materials: All reports, information, data, and other materials prepared by the Consultant pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties, are owned by the City. The City has authority to release, publish or otherwise use, in whole or part, reports, information, data and other materials prepared by Consultant pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties. Any re-use without written verification or adaptation by the Consultant for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to the Consultant. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. 14. Liaison: City’s designated liaison with Consultant is Craig Woolard and Consultant’s designated liaison with City is Robyn Egloff. 15. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana. 16. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The 37 Professional Services Agreement for Public Outreach and Communication on Construction Projects Page 5 of 5 Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 17. Non-Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 18. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ROBYN EGLOFF DESIGN, INC. By________________________________ By__________________________________ Chris Kukulski, City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 38