HomeMy WebLinkAboutMELAVER MCINTOSH PROFESSIONAL SERVICES AGREEMENT BETWEEN SAME HOUSING AND SAME HND FOR BRANDING AND MARKETING STRATGIES4S FOR LANEY WALKER/BETHLEHEM PROFESSIONAL SERVICES AGREEMENT BETWEEN
MELAVER MCINTOSH
AND CITY OF AUGUSTA /AUGUTA HOUSING AND COMMUNITY DEVELOPMENT
DEPARTMENT
FOR
BRANDING AND MARKETING STRATEGIES FOR LANEY ALKER /BETHLEHEM
This Agreement is made and entered into this day of 041 2o1o, by and between
City of Augusta, (hereinafter referred to as "Client "), and Melaver McIntosh (hereinafter
referred to as the "Consultant").
WITNESSETH
WHEREAS, the Client is undertaking certain activities related to the revitalization of certain
neighborhoods; and
WHEREAS, the Client desires to engage the Consultant for the purpose of providing Branding
and Marketing Strategies in support of the revitalization initiative in the Laney - Walker and
Bethlehem neighborhoods; and
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. EMPLOYMENT OF CLIENT. Client agrees to engage the Consultant, and the
Consultant agrees to provide Client services which involve working with Client's staff,
contractors, developers, funding sources and neighborhood -based organizations as
part of providing branding and marketing strategies for home developed as part of
the redevelopment of Laney- Walker and Bethlehem neighborhoods.
2. SCOPE OF SERVICES. The Consultant will provide the services ( "Services" set forth
in Appendix A, attached hereto and incorporated herein by reference.
It is understood and agreed by the parties that the services of the Consultant do not
include any of the following: the disbursement or account of funds distributed by the
Client's financial officer, legal advice, fiscal audits or assistance with activities not
related to this project.
3. LIAISON. The Client's designated liaison with the Consultant is Jesse Wiles
President of APD Urban Planning and Management, LLC.
4. EFFECTIVE DATE AND TIME OF PERFORMANCE. This Contract takes effect on
, 2010. Client may discontinue contract after one year or at any time during
the contract period with 3o days notice to Consultant. Consultant may discontinue
contract with 6o -day notice to Client.
5. COMPENSATION. For the satisfactory completion of the services to be provided
under this Contract, the Client will issue Task Orders to the Consultant. Each Task
Order will request a specific scope of work, time -frame to complete the scope of work
and fee for the requested services. Invoicing for the payment of Task Order services
performed shall occur each 3o days. The Client reserves the right to negotiate the
proposed scope of work and fee provided by the Consultant as a condition of issuing
a Notice to Proceed for the work requested within any specific Task Order.
Marketing and Branding Services Agreement
6. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that the
Consultant is an independent contractor and as such, neither it nor its employees, if
any, are employees of the Client for purposes of tax, retirement system, or social
security (FICA) withholding. It is further understood that the Consultant will
maintain at its expense for the duration of this Contract, coverage in a workers'
compensation plan for its principles and employees for the services to be performed
hereunder.
7. ELIGIBILITY. The Consultant certifies that the Consultant's firm and the firm's
principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible
for participation in federally assisted contracts under Executive Order 12549;
"Debarment and Suspension" [24 CFR 24.505].
8. CONFLICT OF INTEREST. The Consultant covenants that it presently has no
interest and will not acquire any interest, direct or indirect, in the project that would
conflict in any manner or degree with the performance of its services hereunder. The
Consultant further covenants that, in performing this Contract, it will employ no
person who has any such interest in providing services that would in any conflict
with services provided under this contract. Consultant shall not be permitted to build
or develop any property in the Laney Walker /Bethlehem Redevelopment Project
Area for the express purpose of selling the subject property to the City of Augusta for
redevelopment without the written consent of the Client.
9. ENTIRE AGREEMENT: MODIFICATION. This Contract contains the entire
agreement between the parties, and no statements, promises or inducements made
by either party, or agents of either party, that are not contained in the written
Contract, are valid or binding. No changes, amendments or alterations shall be
effective unless in writing and signed by both parties. The Consultant specifically
acknowledges that in entering into and executing this agreement, Consultant relies
solely upon the provisions contained in this agreement and not others.
10. NON- ASSIGNMENT QF AGREEMENT. Inasmuch as this agreement is intended to
secure the specialized services of the Consultant, Consultant may not assign its
rights, including the right to compensation, transfer, and delegate or subcontract any
interest herein without the prior written consent of Client. Any subcontractor or
assignee will be bound by all the terms and conditions of this contract.
11. ASSIGNMENT OF PERSONNEL. The Consultant shall not substitute any personnel
for those specifically named in its proposal unless personnel with substantially equal
or better qualifications and experience are provided and acceptable to Client, as is
evidence in writing.
12. INDEMNIFICATION. The Consultant waives any and all claims and recourse
against the Client, including the right of contribution for loss and damage to persons
or property arising from, growing out of, or in any way connected with or incidental
to the Consultant's performance of this contract. Further, the Consultant will
indemnify, hold harmless, and defend the Client against any and all claims,
demands, damages, costs, expenses, liability arising out of the Consultant's
performance of this Contract except for liability arising out of the concurrent or sole
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Marketing and Branding Services Agreement
negligence of the Client or its officers, agents or employees. Consultant shall also
indemnify Client for any adverse determination made by the Internal Revenue
Service or the State Franchise Tax Board against the Consultant with respect to
Consultant's `independent contractor' status that would establish a liability for failure
to make any social security or income tax withholding payments.
13. INSURANCE. Consultant shall have and maintain in full force and effect for the
duration of this Agreement, insurance insuring against claims for injuries to persons
or damages to property which may arise from or in connection with the performance
of the work by Consultant, its agents, representatives, or. employees.
14. BREACH OF CONTRACT. In the event of breach of Contract by the Consultant, the
Client may at its option, engage the services of another Consultant to complete the
work and deduct the cost of the completion from the amount due to the Consultant.
In the event either the Consultant does not fulfill performance under this agreement,
then the affected party may pursue all legal remedies available for breach of contract.
15. TERMINATION OF CONTRACT. This Contract may be terminated as follows:
(a) Termination for cause.
(i) If the Client determines that the Consultant has failed to comply with the
terms and conditions of the Contract, it may terminate this Contract in
whole or in part any time before the date of completion. If the Consultant
fails to comply with any of the terms and conditions of this Contract, the
Client may give notice, in writing, to the Consultant of any or all
deficiencies claimed. The notice will be sufficient for all purposes if it
describes the default in general terms. If all defaults are not cured and
corrected within a reasonable period to be specified in the notice, the
Client may, with no further notice, declare this Contract to be terminated.
The Consultant will thereafter be entitled to receive payment for those
services reasonably performed to the date of termination, less the amount
of reasonable damage suffered by the Client by reason of the Consultant's
failure to comply with this Contract.
(ii) Notwithstanding the above, the Consultant is not relieved of liability to
the Client for damages sustained by the Client by virtue of any breach of
this Contract by the Consultant, and the Client may withhold any
payments to the Contractor for purposes of setoff until such time as the
exact amount of damages due the Client from the Consultant is
determined.
(iii) Client may terminate this contract should funding cease or be materially
decreased.
16. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms
and conditions of this Contract, the prevailing party is entitled to recover reasonable
attorney's fees and other costs and expenses, whether the same are incurred with or
without suit.
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Marketing and Branding Services Agreement
17. DOCUMENTS INCORPORATED BY REFERENCE. The Client's Request for
Qualifications for Branding and Marketing Strategies for the Laney - Walker and
Bethlehem neighborhoods, submitted August 2010, and all applicable federal and
state statutes and regulations incorporated into this Contract by this reference are
binding upon the Client and Consultant.
18. OWNERSHIP AND PUBLICATION OF MATERIALS. All reports, information, data,
and other materials prepared by the Consultant pursuant to this contract are to be
the property of the Client, which have nonexclusive and unrestricted authority to
release, publish or otherwise use, in whole or in part, information relating thereto.
Any reuse without written verification or adaptation by Consultant for the specific
purpose intended will be at the Owner's sole risk and without liability or legal
exposure to the Client. No material produced in whole or in part under this Contract
may be subject to copyright or patent in the United. States or in any other country
without the prior written permission of the Client.
19. REPORTS AND INFORMATION. The Consultant will maintain accounts and
records, including personnel, property and financial records, which are adequate to
identify and account for all costs pertaining to this Contract; and such other records
as may be deemed necessary by the Client to assure proper accounting for all project
funds, both federal and non - federal shares. These records will be made available for
audit purposes to the Client or its authorized representative, and will be retained by
the Client for five (5) years after the expiration of this Contract, unless permission to
destroy them is granted by the Client.
20. The Consultant, at such times and in such forms as the Client may require, shall
furnish Client monthly progress reports.
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Marketing and Branding Services Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first
written above.
ATTEST: Melaver McIntosh
(Consultant)
B (�l ✓J(/°`
Martin MeLaver
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. � ; !,4 , — ..^°..,.. -" By : � �- , , _ �--
\ Patty McIntosh
ATTE ` :tc ; AUGUSTA. GEORGIA
. 0 H I� �
,:'''''„.\.‘,..,.',, ' ,,......„`vet) h (Augusta)
SEAL `"� �� ®. 0 6 0
By: Cf .../
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f t� / . „ F : } 1 , « W4 m! ill Deke S. Copenha r _.
. !' ' t h � , � , l `, � i.ir/�' i As Its Mayor of . .�'" 'a Ft +r
_E.2 A niler r j
Cl "of't2mrrii sion,��J�� \°,
/
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G.N X1. F
`r.v e derick Russell
;'Administrator
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Ches er A. Wheeler, HI
Director, AHCD
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Marketing and Branding Services Agreement
APPENDIX "A"
(Scope of work will be implemented through Task Orders and may not necessarily match scope of
work shown in Appendix "A ")
RE: Revisions to Scope of Work for Branding /Marketing Strategy for LW /B
3o September 2010
Thank you for your generous time this past Monday, September 27 and Tuesday, October 5,
as we collectively reviewed our scope of work and discussed needed refinements. Based on
those meetings, as well as one we held with Bill Boatman of Meybohm, it is our understanding
that the revised scope of work needs to meet the following needs /expectations:
Immediate Needs first. We need to address the specific marketing needs related to
development work on Pine Street, as the success of that specific work will help establish greater
credibility for the revitalization of Laney Walker /Bethlehem generally.
Timing. We need to re- sequence the tasks in our scope of work in such a way that we
create general buzz and excitement about the positive things going on in Laney
Walker / Bethelehem (this is what is called a "category build" or general brand enhancement) but
not create specific buzz on particular projects until they are closer to becoming a reality (this is
what is called a "product build ").
Politics and Fiduciary Issues. We need to ensure that we communicate a close connection
between the dollar spend for marketing and concrete results. Assuming that we have listened
well and heard you both correctly, we feel there are two key challenges governing this work:
First, we need to somehow address the immediate needs of Pine Street while also making sure
we have developed the key foundations for a longstanding brand and position strategy for Laney
Walker /Bethlehem. It would be a mistake to jump into the specifics of Pine Street without
thinking more broadly and strategically about LW /B. But it would also be a mistake to take a
broad, strategic approach and ignore the need to market some of the first projects being
developed in the community. We need to do both.
Secondly, we need to create general brand (or category) buzz without creating a demand for
product that doesn't yet exist. With these issues in mind, we are providing the following
revised scope of work. We would recommend that the overall scope of work be broken
down into 3 phases:
Phase is Launch targeted marketing campaign & kick off the buzz
November & December, 2010
Task 1: Develop and launch a marketing campaign for Pine Street.
Task 2: Pulse a general "it's happening in LW /B" message through a weekly wire
service. This launches the "category build" marketing effort referenced
above.
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Marketing and Branding Services Agreement
Phase 2: Back of house foundation work to set up the more general campaign
January -- April, 2011
Task 3: Develop Identity /Brand, General Position Strategy
Task 4: Design Identity for LW /B
Task 5: Marketing Study. Understanding who our key targeted segments are
and what they need /want
Task 6: Marketing Plan & Communication Plan
Task 7: Create LW /B website
Phase 3: Launch general marketing and PR campaign
May -- October 2011
Task 8: Create Identity Collateral (as needed)
Task 9: Launch Local, Regional, National PR Two things to note. Regarding the overall cost of
the proposal, this iteration is higher than the last one, because we are essentially creating a
branding and marketing strategy in miniature for one small neighborhood (Pine Street).
However, we've reduced our hours elsewhere under the assumption that at least a portion of the
work on Pine Street will apply to the more general work of LW /B. Secondly, note that our
timeline assumes a November 1 start -date, simply because the wheels of government seem to
move rather slowly at times. We are certainly prepared to begin as soon as a contract is executed
and hope to begin work mid October (we've actually already begun a good bit of work already).
Laney Walker /Bethlehem Branded Communications Strategy and Marketing Plan Develop
Marketing Strategy for Pine Street. This is essentially taking the general process for LW /B with a
focus on current and soon -to -be Launched product along Pine Street. NOTE: It is critical that we
develop a story here that we can elaborate upon for all of LW /B.
Our overall objectives are as follows:
1. Generate sales on existing inventory, pre -sales on soon- to -be- constructed homes,
and additional pre -sales to warrant additional construction along Pine
Street /Florence Street.
2. Generate momentum so that the full projected inventory along Pine /Florence can be
built and absorbed in 2011.
3. Establish credibility for the LW /B revitalization effort in the eyes of the Commission,
local leaders, the community, and the media.
4. Establish a core story/brand for Pine Street /Florence that can be elaborated upon for
the full LW /B revitalization plan.
5. Enhance relationships and collaborative efforts with adjoining neighbors (MCG, Paine
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Marketing and Branding Services Agreement
College, etc.)
6. Enhance relationships with the media
Scope includes:
" Conduct background research on the specific neighborhood (archives, photos,
background stories, etc.)
Conduct one -on -one interviews in the neighborhood and with key stakeholders
Capture video footage of our interviews
Develop a compelling story -line
Create an identity look that brands the story
Develop a toolbox of communication tools to get out the message (video loop for
sales office, text for beta website, youtube, targeted fliers, pr releases through
online wire service, etc.)
Organize certain key events (block party, media tour) to enhance sales activity
Not included in the pricing for this scope of work: Cost of producing, disseminating collateral
materials, cost of the key events.
Timeframe: Start November 1, Finish December 31, 2010
1. Initiate Online Social Network & Social Media
Create a robust locally -based database of email contacts for weekly dissemination
Create a database of media outlets, also for receipt of weekly wire service and press
releases.
Develope a consortium of like - minded mission - driven entities in downtown Augusta
area who's news symbiotically fits with objectives of Laney Walker /Bethlehem
Design and coding for wire service
Weekly dissemination
Timeframe: Start: November 1, 2010; Finish: October 31, 2011
2. Develop Vision /Identity and Positioning Strategy
" Inventory, assemble, and synthesize into a master database all major existing
marketing /communication efforts in Augusta
Conduct interviews with key members of AHCDD, APD, Meybohm, leaders within
Laney Waker /Bethelehem (Beulah Grove, Antioch, United House of Prayer,
Antioch, etc.), members of Augusta Tomorrow's LW /B committee, Downtown
Development Authority, and others as designated by AHCDD
Synthesize and draft initial findings
Follow -up meeting with steering group
Draft Vision /Identity, Positioning Strategy
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Follow -up meeting with steering group to refine
Finalize branding strategy
Deliverable: Vision /Identity and Position Strategy for branding LW /B. We should be able to
answer these questions: What is Laney Walker /Bethlehem essentially about and how are we
going to differentiate living /working in this area from all other competitive offerings. What,
to use Jim Collins' phrase, is our Big Hairy Audacious Goal?
Timeframe: Start: January 1; Finish: January 31
3.Design Identity Package
Design an overall identity package (logo, tag line, layout, fonts, etc.)
Develop a basic set of guidelines and a toolbox so that AHCDD has what it needs to
produce basic collateral materials as needed.
Not included in this scope of work: Detailed mechanicals for specific collateral materials
called for under the Communications Plan or called for on an ad hoc basis, oversight of
production of collateral, and a more detailed guideline /tool box.
Timeframe: Start: Jan. 1, 2010; Finish: Feb. 28, 2011
4. Conduct Marketing Study
Construct survey (omnibus and /or targeted, web -based and /or phone based). We
currently have a robust Market Study /Analysis from RKG that amalgamates public
data on dempograhics. We know what our demograhics look like. We don't have
a Marketing Study. We don't know the psychology informing decisions. The
critical focus here is to elicit the following key information: Who is leaving the
Augusta core area and why, who is coming in to the Augusta core area and why,
what are the key drivers and inhibitors informing decisions as to where to live,
what needs /desires are or are not being addressed, what would facilitate a
decision to locate in Laney Walker /Bethlehem.
Analyze raw data from survey and write -up findings
Meet with steering committee to report on findings, receive feedback, determine
whether follow -up survey work is called for and if so, determine follow -on scope of
work (not included in this scope).
Deliverables: Marketing Study for LW /B. We should be able to definitely answer these
questions: Who are we targeting and What do they care about?
Timeframe: Start: Feb. 1; Finish: February 28
5. Develop Marketing Plan, Revise Position Strategy, Create Communication Plan, and
Create Metrics to assess outcomes.
Draft a plan for overall marketing objectives (attracting our target audiences,
developing key partnerships, etc.) and strategies (removing impediments,
fleshing out and communicating full package of incentives to target groups, etc.)
and revise the Position Strategy.
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Marketing and Branding Services Agreement
Draft a Communications Plan (these are the communication tactics for each key
targeted group, including social media, media relations, press releases, events,
speaking engagements, outside -of -house pulsing, collateral needs, etc.).
• Draft proposed metrics for expected outcomes.
" Follow -up meeting with steering group to discuss, receive feedback
• Revise all Plans
Follow -up meeting with steering group to review Plans
• One day to finalize.
Deliverables: Marketing Plan, Communications Plan, Revised Positioning Strategy, and
Metrics.
We should be able to answer these questions: What do we want to get out of our marketing
efforts (in the short, medium, and long - term), What specific tools are we going to use to
achieve those efforts, and. How do we intend to measure our success /failure?
Timeframe: Start: March 1; Finish: March 31, 2011
6. Create Laney Walker /Bethlehem website, links
[NOTE: This could be moved up after Task 3}
• Develop an overall architecture /map for the site
• Develop the creative design for the wireframe and navigation
Creative design, refinements, edits (iterative process)
• Draft and refine all copy and content
Initial, intermediate, and final review by steering group
• Coding
Web maintenance and optimization
Optional scope to consider:
" Ongoing web analytics to survey users and revise web site accordingly. This would
include adoption of a web analytics package (freeware such as ClickTracks or Google
Aalytics or a customized package), minor code changes to the web site, and full -time
analyst.
Timeframe: Start: March 1, 2010; Finish: April 30, 2011
7. Create Identity Collateral
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Scope of work based on details of the Communications Plan (see Task 5 above)
Timeframe: May — October, 2011
8. Local, Regional, National PR
General responsibility for ongoing execution of Marketing Plan
Write weekly copy for online wire service
• Write press releases based upon weekly updates from AHCDD, APD
Identify all influential publications, news sites relevant to target audiences and
build compelling stories, write blogs and editorials, etc. about LW /B
Identify key conferences to make presentations
Identify leading key industry awards and certifications to apply for
Monthly assessment reporting to steering group
• Develop targeted marketing efforts for specific development projects
Optional Scope to Consider:
• Development /Oversight of signature event(s)
• Serve as spokesperson at key conferences (development of speeches, etc.)
Write applications for key awards
Timeframe: May — October, 2011
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