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HomeMy WebLinkAboutASCENTIAL INC $9,500 FOR MARKETING PROFESSIONAL SERVICES SPECIAL SERVICES CONTRRACT CONTRACT between AUGUSTA, GEORGIA And Acsential, Inc. in the amount of $ 9,500 Funded through The Laney- WalkerlBethlehem Neighborhood Redevelopment Program For Marketing Professional Services Special Services Contract TillS AGREEMENT ("Contract"), is made and entered into as of the 5th day of January, 2010, ("the effective date") by and between Augusta, Georgia, acting through the Housing and Community Development Department (hereinafter referred to as "ARCDD") - with principal offices at 925 Laney Walker Blvd, Augusta, Georgia, 30901, as party of the first part, hereinafter called "Augusta", and Acsential, Inc. , a corporation, organized pursuant to the Laws of the State of Georgia, hereinafter called "ACSENTIAL" as party in the second part. ARCDD is embarking on a project with city funding called the Laney-WalkerlBethlehem Neighborhood Revitalization Project. An integral part of this project is to develop a comprehensive marketing strategy and plan to introduce the public to the downtown area and to rebrand the Laney- Walker/Bethlehem Community as a comprehensive and safe place to live, work and play. The party's names above agree that Acsential shall provide Marketing Professional Services to AHCDD through this Special Services Contract under the following terms and conditions: SECTION 1. PROJECT SCOPE OF WORK Promote the open house of the Laney WalkerlPine Street Development by capitalizing on the current development and marketing initiatives by celebrating victories as they present themselves, and by maintaining continuity with previously defined milestones. SECTION 2. PROJECT DESCRIPTION Develop and execute branded communications and a marketing strategy for the Laney Walker - Pine Street Development Open House and Community Event. . Develop logo for the Laney Walker/ Pine Street; . Create marketing literature for Laney WalkerlPine Street; Page 1 of8 . Activate a public relations campaign though timely and consistent press releases. Also coordinate press conferences for key milestones for Laney WalkerlPine Street; . Development of local and regional media plan to generate awareness and interest in Laney Walker/Pine Street among appropriate targets, i.e. commercial and residential developers, businesses for an Open House and Community Outreach Events; . Maintain timely and consistent project status reports and budget updates; and . Develop metrics and tracking to measure results and feedback. SECTION 3. APPROACH The following key components shall drive the approach: 1. Neighborhood Driven 2. Based on solid data and market analysis 3. Dual - faceted a. Internally focused marketing- within the Department, City and Neighborhood b. Externally focused marketing - Outside Investors, developers, stakeholders, potential buyers 4. Fast - Tracked- Implement 90 day approach, followed by detail market strategy planning that will span the neighborhood redevelopment lifecycle. After 90 days from contract signing by all parties, the Marketing Plan shall be completed and delivered. Below is an estimate as to the tasks that shall be. completed during the Marketing Plan Development Process.: 1. Pre-planning & Project Initiation - 1 Vz weeks 2. Detailed immersed learning - 6 Weeks a. Literature Review - 6 Weeks b. Create Media Log - I Week 3. Develop/Implement - Ongoing beginning during pre-planning a. Open House - Create Press Release for Demolition of existing homes on Pine Street b. Partnership Development/Coloration Building for the Open House and Community Outreach. c. Heritage Pine Open House/Community Outreach - February 2010 1. Assist Antioch Urban Ministry with developing event materials 11. Develop palm card of featuring property 111. Assist Home First in developing Brochure IV. Create Listing for the event on city's website v. Coordinate media activities with the support ofthe Mayor's Office 4. Measurement a. Gauge press activity b. Monitor Neighborhood Participation c. Record and Document Marketing Activities Page 2 of8 SECTION 4. DETAILED TASK LIST Tasks: 1. Immersed learning (reading and interpretation of project documentation) - Deidre, Annette, Roth, DeMario 2. Media Log for tracking media inquires related to the development- Deidre, Annette 3. Open House Protocol 4. Prototype Marketing Materials - Signage, Flyers, Brochures, Tagline 5. Press Release for Open House Time Line: 1. Immersed learning (reading and interpretation of project documentation) - Deidre, Annette, Roth, DeMario - Ongoing for 90 Days 2. Media Log for tracking media inquires related to the development- Deidre, Annette ~ Delivered for approval- November 18th ~ Implemented - November 23rd 3. Prototype Marketing Materials 4. Press Release for Open House-January 2010 5. Community Outreach- Ongoing, A record of outreach activities will be provided on a monthly basis. ~ Attend project meeting every 15t Monday ~ Meet the Marketing Partners ~ Meet and Develop relationship with Developers ~ Attend Neighborhood Meetings ~ Maintain contact with Developers ~ Maintain contact with ADMI, Scylance Scott, in planning for upcoming open house and demolition. SECTION 5. DETAILED BUDGET FOR PROJECT Total Budget for this Contract is not to exceed $9,500 and is proposed as follows: Pre-Planning-$325 Research for marketing plan, development of protocols - $575 per month at $1,725 Marketing Activity Support and Meetings - $4,065 Community Outreach - $550 per month for $1,100 Media Support - $525 per month for $ 1,050 Prototype Development-$1,650 SECTION 6. CONTRACT TERMINATION Termination of this contract may be made by either party upon ninety (30) days written notice of the other. All correspondence should be made in writing and sent via direct mail to AHCDD, 925 Laney Walker Blvd., Suite 200, Augusta, GA 30901. Page 3 of8 SECTION 7. CONTRACT GUIDANCE This contract, together with all exhibits referenced herein, constitutes the entire contract between ARCDD and Acsential and supersedes all other proposal, oral, or written between the parties on this subject. This contract may be modified only in writing and with the mutual consent of the parties hereto. This contract shall be construed and regulated by the laws of the State of Georgia. In all cases, the parties agree to use all reasonable effort to carry out the letter and spirit of this Contract and to use good faith and commercial reasonableness in their dealing with one another. All claims, disputes and other matters in question between ARCDD and Acsential arising out or relating to this contract, or the breach thereof, shall be decided in the Superior Court of Richmond count, Georgia. Acsential by executing this contract, specifically consents to venue in Richmond County and waive any right to contest the venue in the Superior court of Richmond County, Georgia. The parties agree that they are not joint ventures or partners for any purposes, but that Acsential acts as an independent contractor of ARCDD. ARCDD acknowledges and agrees that it cannot and shall not control the time, method, and/or manner of performance under this contract. SECTION 8. BUDGET AND METHOD OF PAYMENT ARCDD agrees to pay Acsential a maximum of $9,500 under this agreement for project expenses incurred as outlined in Section % and in compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in Sections 9. ARCDD will monitor the progress of the project and Acsential's performance on a daily basis with regards to the production of housing units and the overall effectiveness of project. SECTION 9. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS A. Acsential will keep accurate records of all expenses and provide additional financial information to ARCDD about any invoices within 10 business days of request. B. Acsential shall prepare and submit a weekly status report on Monday containing activities of the previous week and description of activities to be completed for the remaining part of the project. Issues, concerns, and budget should be included in this report. C. Acsential shall maintain books and records in accordance with generally accepted accounting principles. Documents shall be maintained in accordance with practices that sufficiently and properly reflect all expenditure of funds provided by Augusta under this Agreement. D. Acsential shall make all records for this project available to ARCDD or their duly authorized representatives for the purpose of making audits, examinations, excerpts and transcriptions. E. In compliance with OMB Circular A-IIO regarding retention and custodial requirements for records, Acsential shall maintain financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three years, with the following qualifications: Page 4 of8 F, If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. G. Records for non-expendable personal property acquired with NSP grant funds shall be retained for three years after its final disposition. Non-expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. H. Open Records Disclosure: Acsential records related to this Agreement and the services to be provided under the grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70). Acsential agrees to comply with the Open Records Act should a request be submitted to it. Further, Acsential agrees to comply with the provisions of the Open Meetings Law and the following compliance measures will be taken: Acsential will provide notice to the media of its regular board meeting schedule and of any special called meetings except emergency meetings; it will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee, subject to the provisions of the Open Meetings Law. The media, public and the Grantee shall not be denied admittance to Acsential's board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. Acsential shall provide to the Grantee a tentative annual schedule of the Board .of Directors' meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. SECTION 10. ADMINISTRATIVE REQUIREMENTS A. Conflict of Interest This conflict of interest applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Acsential. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the project activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. Acsential in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) B. Augusta may, from time to time, request changes to the scope of this agreement and obligations to be performed hereunder by Acsential. In such instances, Acsential shall consult with AHCDD on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both AHCDD and Acsential. Page 5 of8 SECTION 11. OTHER REQUIREMENTS A. Publicity a. Any publicity generated by Acsential for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words "Augusta-Richmond County Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. B. Assignment of Contract a. Acsential shall not assign any interest in this contract or transfer any interest in the contract. C. Travel a. Acsential shall obtain prior written approval from ABCDD for any travel cost that will be reimbursed with project funds. All Federal Travel Regulations are applicable and GSA Rates must be followed in order to be reimbursed. All travel costs are part of the overall contract budget in Section 5. SECTION 12. SUSPENSION AND TERMINATION A. In the event Acsential materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in Scope of Services, or the provisions of this Contract, ABCDD may withhold cash payments until Acsential cures any breach of the agreement. If Acsential fails to cure the breach, ABCDD may suspend or terminate the current contract upon giving fourteen (14) day notice. B. Notwithstanding the above, Ascental shall not be relieved of its liability to ABCDD for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, ABCDD may withhold any payments to Acsential for the purposes of set off until such time as the exact amount of damages is determined. C. In the best interest of the program and to better serve the people in the target areas and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event ABCDD terminates the Agreement, ABCDD shall pay Acsential for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Acsential shall not be relieved of any duties or obligations imposed on it within this agreement with respect to funds previously disbursed or income derived therefrom. Page 6 of8 SECTION 12. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. AHCDD will receive all notice at the address indicated below: Augusta Housing and Community Department 925 Laney Walker Blvd., 2nd Floor Augusta, Georgia 30901 Acsential will receive all notices at the address indicated below: Acsential Attn. Deidre F. Brown 1102 Laney-Walker Blvd. Augusta, GA 30901 SECTION 13. INDEMNIFICATION Acsential will at all times hereafter indemnify and hold harmless ABCDD, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, Acsential specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. SECTION 14. INSURANCE AND BONDING Acsential shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft, fraud or physical damage. SECTION 15. PRIOR AND FUTURE AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. AHCDD is not obligated to provide funding of any kind to Acsential beyond the term of this Agreement. Page 70f8 ..~. r -\'f' ~ , .- if: , f j ! AUGUSTA-RICHMOND COUNTY, GEORGIA DOES NOT OPERATE A DBE, MBE OR WBE PROGRAM B'UT RATHER .PURSUANT TO ITS CODE OF ORDINANCES, THIS LOCAL GOVERNMENT OPERATES INSTEAD, A LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM. SECTION 16. COUNTERPARTS This agreement is executed in three (3) counterparts - each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA GEORGIA (AHCDD) SEAL By cJ2~ j.. David S. C enhaver J,~i;;f).D As Its Mayor ATTEST: Acsential. Inc, (Acsential) SEAL ~D' 'd B P'd / el re rown, reSl ent By: As Its C rate Secretary ..~ \. .... .... -::~ (Plain Witness) ~ d wiafR General Counsel Andrew G. MacKenzie Page 8 of8