HomeMy WebLinkAbout13- PSA between City and Robyn Egloff Design, Inc for Public Outreach and Communication PROFESSLIONALSERVICES AGREEMENT
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THIS AGREEMENT is made and entered into this � day of J_kftOj4 7
2013, by and between the CITY OF BOZEMAN,MONTAN , 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 31$`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
Professional Services Agreement for Public Outreach and Communication on Construction Projects
Page I 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 par-ties.
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 famish 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. Indemnit-y[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 reaso n
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 bold 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 f es
e R e
Professional Services Agreement for Public Outreach and Communication on Construction Projects
Page 2 of 5
incurred in asserting its right to indernnifi cation or defense but only if a court of competent
jurisdiction determines the Consultant was obligated to defend the clain-i(s) or was obligated to
indemnify the City for a claini(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,-ions, 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 o
anti-discriminat'l n
laws, regulations, and contracts. The Consultant will not refuse employment to a person, bar
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
Professional Services Agreement for Public Outreach and Communication on Construction Projects
Page 3 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. Ownershia 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 other-wise 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. Applicabili!y: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
16. Reports/AccountabiLitytPublic 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
Professional Services Agreement for Public Outreach and Communication on Construction Projects
Page 4 of 5
Consultant shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
IT 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. Attorne y'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 ROB N- GLOFF DE N,INC.
'-i
By B,,Y:W
Chris Kukulski, City Manager
Print Name:
Print Title:
APPROVED AS TO FORM: P U7,tfd
B,�
Grk,g)suilivan,BbAernan City Attorney
Professional Services Agreement for Public outreach and Communication on Construction Projects
Page 5 of 5
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Proposal
client,�v Craig Woolard
City nf Bozeman,public Works Director
project. Professional services related m public outreach and communication om construction projects
io the City the summer and fall uf 2813.
date. 21 May 20l9
Project Overview
TkeCic7"fBo,mmauisueekiogxcnunmuG"rpmfe,6v"al,ovicesm6mrdmpw6)icourreu,huu6c""nnuumicx,i"moo
construction projects ia the City this summer and 6J| (2Ol3).The city has two major construction projects toreplace
water and sewer lines. In addition,there are several major private and state construction projects that will be i"idazo6
this summer.It is the CVs intent to provide effective public communication on the status of these projects to the
general public ona weekly basis throughout the construction season,
Scope of Services
l. 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 xoh,ideo will occur and developing communication materials to relay construction
information mthe public.
3. Additional public communication and outreach activities as required by the City of Bozeman.
Our 4��Dr�>8Ch
We�6 that
men=ymy,m,magazines, radio and-IV.With the advent of ucial moJia, there are ouuYtly]e 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.
Initiafly,there will be a meeting with the City of Bozeman,our team,MDT,engineering firms,construction
companies and any other"players"from the projects.lt will kc important v"determine points vf contact for each
group so that communication can be streamlined throughout the course of the construction season.A schedule will be
set oo have weekly meetings with the points of contact so that all information can be shared and current information
can 6c gathered for public outreach.Becky Edwards uf Sun Snow Creative r�Qbrthe representative from our team
who will attend these weekly meetings.
We propose that once n'c have m full scope o{all proposed poojccts.that the city begin x 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 vf&nzemun officials*obtain real-time construction updates,which she
will then feed into our social media channels.These will be updated oau6uil,�6rdn6 and*iUpm,i6e«no�seand
fi6co6{yaP6ou�for nmiJoatoand vi�tm��ike'P6�n�maps and videos vF ^the construction sites may also 6c used zo
help communicate with our community.
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 flan,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.
City of Bozeman
MDT
Engineering Firms
Construction Companies
Other
Becky Edwards,
Sun Snow Creative
boaeman.nel
Unique U€2L for construction
updates and outreach.
Updated weekly with main
events,updated as needed
for major events/changes. twitter
facebook
Public outreach campaign- radio-
Educate people where to go for ski report style„daily,repeats
current construction updates weekly message unless
via print,radio,web banner major event occurs
advertising,other.
Outreach Channels
Bozeman.net
We recommend a unique UR.L,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 Bozernan.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.
rnhyoa CgICff'dcsign,iron.
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 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 desi n inc.
robyn egloff design,inc.is a full-service,graphic design shop founded in 2008 by Robyn Fgloff.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 ofTourism).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, Lone 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'rourism,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 I I years at local agency MercuryC&C.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.
raairx°my e16,1rdesign,inc.
Krndra7s current client list includes the City"FBozeman Solid Waste Division,Montana Office of lovrimu and lyoo
Donaldson
Sun Snow Creativ
Sun Snow Creative is a communications,marketing and advocacy consulting firm founded in 2010 by Becky Edwards.
Becky Edwards has over o decade"f high-level public relations and marketing experience. Her in-house experience io
the marketing department at Simms Fishing Products and as Public Relations Executive for the Montana Office vf
Tourism during her tenure at MercuryCSC,provided her with a wealth of experience creating a brand identity,boning
her strategic communications skills,and effectively driving m mess-age:°consumers chmu�6oudioi°n�earned media
amw6]usiac�a��em,riolmoJi� —
Becky's current client list includes Resource Media,Gallatin Realtoes Association,CoolWorks,Gardiner Gateway
Project,Two Bear Foundation, Comma QArchitecture and Montana Conservation Voters.
Previous clients include Partners Creative,Whitefish Legacy Partners,Western Conservation Foundation, Bozeman Ice
B*,/ivA Montana Office ofTbmrimm 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 ofTourism while at MercuryCSC, the public relations plan
she spearheaded resulted ima]cap of R07 from$5 million,o$14 million in equivalent earned media value iujust
three years.
Robyn,Kendra and Becky are all available via phone,email and for meetings noneeded.
B»byuEglo8F Kcu6oa(a|6orino Becky Edwards
406-309'6860 406-570-6613 406'570-9427
m6Tnqglo8Hesign@yn6^".,vm keo6racal6oduc@gopaiLoonu 6oc6r@»umumnvcmz«ive.pvm
The Fine Print
I6ix proposal does not include outside costs for copywriting,photography o,illustration orv,o6sbrdevelopment
beyond the scope of the plan.Estimates for outside costs will be provided to the client based upon project
specifications.'1his proposal i*based nm information provided 6v the client m the time n{the estimate request,l[
any specifications change during the course"fxhio project,new estimates will 6o required.1hc client bresponsible
for and payment of additional vendors upon delivery of finished work unless other payment arrangements have been
made between the client and the vendor.IM"estimate is based ooupuo three rounds o[proofs.Once work has begun,
changes in creative direction o,project specifications may call for arevised estimate.If the moroa\time spent on the
project exceeds the initial estimate,the client will 6c notified and provided^u estimate for additional hours'o6mbilled
at$751hour.Meetings(after the initial conference)and phone calls are considered billable time,This estimate is good
for 30du>m.
A payment plan will be finalized and agreed upon in the 600l cumcoc,agreement.
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