HomeMy WebLinkAboutresolution.council.151-18 RESOLUTION #151
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ASPEN AND SOLOSHOE COMMUNICATIONS
LLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
PROFESSIONAL SERVICES AGREEMENT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a professional
services agreement for marketing and PR services between the City of Aspen and
SoloShoe Communications LLC, a true and accurate copy of which is attached
hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that
professional services agreement for marketing and PR services between the City of
Aspen and SoloShoe Communications LLC a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 10th day of December 2018. -
�� q— -I-.,
Steven Skad on, Mayor
1, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held December 10'', 2018.
N,('A4 A "I a A I An
Linda Manning, City Clerk
20
CITY OF ASPEN STANDARD FORM OF AGREEMENT N tow) CITY OF ASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.: -1018-119.
AGREEMENT made as of 10 i day of December, in the year 2f)1s.
BETWEEN the City:
Contract Amount:
I tie City of Aspen
c/o Wheeler Opera House
130 South Galena Street Total: $83,520.00 V yea.
Aspen.Colorado 8161 I
p plus reimbursable expenses
I'hone: (970)920-5079
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
>ulaShoe Communications, LLC Council of the City of Aspen
c/o
100 Decker Court. Suite 170 City Council Approval:
Irving, 7506
Mone: 972-717-5 onc: 97 972-717-5 181 "``'
Resolution No—EL 69
For the hollowing Project:
Marketing. Advertising,PWConununications services for the Wheeler Opera House
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
",hihit R: Fee Schedule.
The City and Professional agree as set forth below.
Agreement Professional Services 0
I. Scope of Work. Professional shall perform in a competent and professional manner the Scope of
Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to
Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent
with professional skill and care and the orderly progress of the Work in a timely manner. The parties
anticipate that all Work pursuant to this Agreement shall be completed no later than April 1, 2020. Upon
request of the City, Professional shall submit, for the City's approval, a schedule for the performance of
Professional's services which shall be adjusted as required as the project proceeds, and which shall
include allowances for periods of time required by the City's project engineer for review and approval of
submissions and for approvals of authorities having jurisdiction over the project. This schedule, when
approved by the City,shall not,except for reasonable cause,be exceeded by the Professional.
3. Payment. In consideration of the work performed. City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth above.
Professional shall submit, in timely fashion, invoices for work performed. The City shall review such
invoices and, if they are considered incorrect or untimely, the City shall review the matter with
Professional within ten days from receipt of the Professional's bill.
4. Non-Assi agn bility. Both parties recognize that this Agreement is one for personal services and
cannot be transferred, assigned,or sublet by either party without prior written consent of the other. Sub-
Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations
under this Agreement. Professional shall be and remain solely responsible to the City for the acts,errors,
omissions or neglect of any subcontractors' officers,agents and employees,each of whom shall, for this
purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The
City shall not be obligated to pay or be liable for payment of any sums due which may be due to any
sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be canceled
by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City
shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by giving
notice, in writing,addressed to the other party, specifying the effective date of the termination.No fees
shall be earned after the effective date of the termination. Upon any termination, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other
material prepared by the Professional pursuant to this Agreement shall become the property of the City.
Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages
sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may
withhold any payments to the Professional for the purposes of set-off until such time as the exact
amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that
nothing contained in this agreement shall result in, or be construed as establishing an employment
Agreement Professional Services Page I
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relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use
his or her best efforts to provide the said services on behalf of the City. No agent, employee,or servant
of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is
interested only in the results obtained under this contract. The manner and means of conducting the
work are under the sole control of Professional. None of the benefits provided by City to its employees
including, but not limited to, workers' compensation insurance and unemployment insurance, are
available from City to the employees, agents or servants of Professional. Professional shall be solely
and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and
subcontractors during the performance of this contract. Professional shall indemnify City against all
liability and loss in connection with,and shall assume full responsibility for payment of all federal, state
and local taxes or contributions imposed or required under unemployment insurance,social security and
income tax law, with respect to Professional and/or Professional's employees engaged in the
performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever,which arise out of or are in any manner connected with this contract,to the extent and for an
amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in
part by,or is claimed to be caused in whole or in part by,the wrongful act, omission,error, professional
error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or
any officer, employee, representative, or agent of the Professional or of any subcontractor of the
Professional, or which arises out of any workmen's compensation claim of any employee of the
Professional or of any employee of any subcontractor of the Professional. The Professional agrees to
investigate, handle, respond to, and to provide defense for and defend against,any such liability, claims
or demands at the sole expense of the Professional,or at the option of the City,agrees to pay the City or
reimburse the City for the defense costs incurred by the City in connection with, any such liability,
claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that
such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the
City, its officers, or its employees, the City shall reimburse the Professional for the portion of the
judgment attributable to such act,omission,or other fault of the City,its officers,or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain,at its own expense,a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to
any other insurance requirements imposed by this contract or by law. The Professional shall not
be relieved of any liability, claims, demands,or other obligations assumed pursuant to Section 8
above by reason of its failure to procure or maintain insurance, or by reason of its failure to
procure or maintain insurance in sufficient amounts,duration,or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
Agreement Professional Services Page 2
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00)for each accident,ONE MILLION DOLLARS($1,000,000.00)disease-
policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee.
Evidence of qualified self-insured status may be substituted for the Workers'
Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits
of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO MILLION
DOLLARS($2,000,000.00)aggregate.The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property
damage (including completed operations), personal injury (including coverage for
contractual and employee acts), blanket contractual, independent contractors, products,
and completed operations.The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single
limits for bodily injury and property damage of not less than ONE MILLION DOLLARS
($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00)
aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory insurance
to that provided by Professional.No additional insured endorsement to the policy required above
shall contain any exclusion for bodily injury or property damage arising from completed
operations. The Professional shall be solely responsible for any deductible losses under any
policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect,and shall be reviewed and approved by the City prior
to commencement of the contract.No other form of certificate shall be used. The certificate shall
identify this contract and shall provide that the coverages afforded under the policies shall not be
Agreement Professional Services Page 3
V''
canceled,terminated or materially changed until at least thirty(30)days prior written notice has
been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the required
coverages, conditions, and minimum limits shall constitute a material breach of contract upon
which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all
premiums in connection therewith,and all monies so paid by City shall be repaid by Professional
to City upon demand, or City may offset the cost of the premiums against monies due to
Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on,and does not waive or intend
to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per
person and $990,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,C.R.S.,as from time to
time amended,or otherwise available to City, its officers,or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City
shall provide Professional reasonable notice of any changes in its membership or participation in
CIRSA.
11. Completeness of A eement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations,agreements,warranties or promises pertaining to the project matter thereof not expressly
incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional agrees
to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term,covenant,or condition hereof shall not operate as a
waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this
Agreement can be waived except by the written consent of the City, and forbearance or indulgence by
the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be
performed by Professional to which the same may apply and, until complete performance by
Agreement Professional Services Page 4
V17
Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy
available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and
their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to
the contrary contained herein,this Agreement shall not be binding upon the City unless duly executed by
the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or
Resolution of the Council of the City of Aspen authorizing the Mayor(or a duly authorized official in
his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101_
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House
Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes
relating to the employment of and contracting with illegal aliens. These new laws prohibit all
state agencies and political subdivisions, including the City of Aspen, from knowingly hiring
an illegal alien to perform work under a contract, or to knowingly contract with a
subcontractor who knowingly hires with an illegal alien to perform work under the contract.
The new laws also require that all contracts for services include certain specific language as
set forth in the statutes. The following terms and conditions have been designed to comply
with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference are
incorporated herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created
in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, that is administered by the United States Department of
Homeland Security.
"Public Contract for Services"means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports
that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States;and
(ii)Professional has participated or attempted to participate in the Basic Pilot Program
in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees without
confirming the employment eligibility of all such employees hired for employment in
the United States under the Public Contract for Services.
Agreement Professional Services Page 5
Cr
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation in the
Federal Basic Pilot Program that Professional does not employ any new employees
who are not eligible for employment in the United States; and if Professional has not
been accepted into the Federal Basic Pilot Program prior to entering into the Public
Contract for Services, Professional shall forthwith apply to participate in the Federal
Basic Pilot Program and shall in writing verify such application within five(5)days of
the date of the Public Contract. Professional shall continue to apply to participate in
the Federal Basic Pilot Program and shall in writing verify same every three (3)
calendar months thereafter, until Professional is accepted or the public contract for
services has been completed, whichever is earlier. The requirements of this section
shall not be required or effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while the Public Contract for Services is being
performed.
(v) If Professional obtains actual knowledge that a subcontractor performing work
under the Public Contract for Services knowingly employs or contracts with a new
employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days that
Professional has actual knowledge that the subcontractor has newly employed
or contracted with an illegal alien;and
(2) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the new employee who is an illegal alien;
except that Professional shall not terminate the Public Contract for Services
with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that the
Colorado Department of Labor and Employment undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102(5),C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen
may terminate the Public Contract for Services. if the Public Contract for Services is
so terminated, Contractor shall be liable for actual and consequential damages to the
City of Aspen arising out of Professional's violation of Subsection 8-17.5-102,C.R.S.
Agreement Professional Services Page 6
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law, (2)
shall comply with the provisions of CRS 24-76.5-101 et seq.,and(3)shall produce one
of the forms of identification required by CRS 24-76.5-103 prior to the effective date
of this Agreement.
17. Warranties Against Contingent Fees,Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained to
solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose of
securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard,rendering advice, investigation,auditing,
or in any other advisory capacity in any proceeding or application, request for ruling,
determination, claim or controversy, or other particular matter, pertaining to this Agreement,
or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the City
during the term of this Agreement has or one(1)year thereafter shall have any interest, direct
or indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees,gratuities,kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.
If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein,
this Agreement shall be contingent upon the availability of those funds for payment pursuant to the
terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument frilly executed by the parties.
Agreement Professional Services Page 7
(b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable
it shall not affect or impair the validity, legality or enforceability of any other provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to this
understanding except those as contained herein at the time of the execution hereof and that after
execution no alteration, change or modification shall be made except upon a writing signed by
the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time to
time in effect.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts,each of which shall be deemed an original,and all of
which together shall constitute one agreement binding on the Parties, notwithstanding the possible
event that all Parties may not have signed the same counterpart. Furthermore,each Party consents to
the use of electronic signatures by either Party. The Scope of Work, and any other documents
requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties.
The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is
in electronic form or because an electronic record was used in its formation. The Parties agree not to
object to the admissibility of the Agreement in the form of an electronic record,or a paper copy of an
electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds
that it is an electronic record or electronic signature or that it is not in its original form or is not an
original.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials,this Agreement of which shall be deemed an original on the date first written above.
CITY OF ASPEN,,COLORADO: PR,k—/, OF S ZONAL:
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Approved as to form:
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tty Attorney's Office
Agreement Professional Services Page 8
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
SoloShoe shall provide full scale marketing,advertising and PR/communication services for the
Wheeler Opera House, including Wheeler Presents programming and festivals,co-presented and
community events;as well as organizational branding and collateral. All graphic design,marketing
strategy,media buying,management and communication should originate from within the agency.
Services listed below are intended to be descriptive of the types of services to be provided and is not
all-inclusive. The Wheeler may add events or delete events during the contract period. Two main
service components,communication services and design services, scope are as follows:
Communications
Creative Direction
To effectively communicate with target audiences,each piece of advertising(i.e. print,digital,
media, etc.)must be personalized to speak to the identified audience. All pieces must be
approved by Wheeler point of contact. Directing the efforts of the creative team,with respect to
the items listed below, is a major portion of the work of the agency responsible for creative
direction.
• Pass/Package/Targeted Locals Campaign
• Membership Campaign(Wheeler Wins)
. Individual Performance Campaign
. Festival Campaign (2)
Series Campaign(est.4)
Venue Image and Branding Campaigns(Wheeler and AST)
Marketing and Public Relations
The purpose of marketing is to ensure that the Wheeler, its programs and their combined
message are reaching the greatest potential audience.thus providing the highest potential ticket
sales.Once tickets are sold,the public relations arm then attempts to assure the customer's
continued satisfaction with the product.The following are major parts of the marketing/public
relations portion of the account.
• Develop,direct and manage all marketing and public relations activities for the
season/festival, including: pre-sale,pass,and single ticket campaigns; venue image and
branding campaigns;coordination of print,radio,television and other misc.
advertising. Utilizing Wheeler Executive Director and Audience Service Manager as
venue voices to speak on behalf of programs as needed for interviews.
• Lead creative team meetings
Report and communicate all marketing and public relations activities to client.
Oversee budget and provide monthly update on all expenditures relative to marketing,
advertising and public relations.
Represent client to vendors(media, photographers,videographers,printers,etc.).
Overall marketing and advertising counseling(including image campaign and
marketing studies,when necessary).Advice and counseling will be sought from
marketing service provider relative to the need for market studies and/or image
campaign. If Wheeler decides to do a marketing study,the role of the marketing
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service provider again is in a"counseling capacity"to recommend marketing research
firm to do study.
• Management of social media for venue,programs,and festivals(in collaboration with
Wheeler staff).
Media Buyer
The responsibility of the media buyer is to plan,negotiate and place print,electronic and
outdoor advertising and public relations opportunities, based on the approved budget.
• Coordinate with Wheeler to budget adequately for purchase of media
• Identify target audiences for each program
• Plan media buy for each program and submit plan to Wheeler for approval.
• Negotiate media rates to assure the greatest value and exposure for Wheeler
• Place media buy in advance, so as to take greatest advantage of space available.
• Grow relationships with local media outlets
Copyffriter
The copywriter is responsible for setting the tone for all design work through creative copy. In
essence,taking the work of the creative team and putting it on paper,such that the designer can
then take the message to the drawing board.
• Create copy direct at identified targeted audiences
• Provide copy to designer for all print,electronic and outdoor advertising and public
relations activities.
• Provide copy to box office(AST)team for online ticketing website
• Radio and Television Script/Production
• Provide copy for all radio and television scripts and public service announcements
• Cast talent for each production session
• Direct all production sessions
E-Marketing
Agency to create E-Marketing messages to be distributed to client's email distribution list at
various times throughout a season. Message topics vary from announcement of special events
to on sale information for both Wheeler events and a monthly Aspen Show Tickets e-
newsletter. Agency to make suggestion on preferred method of sending email(Mail Chimp,
Constant Contact,Audience View Correspondence,etc.).
Desien
Design work for each Wheeler series and festival include, but not limited to, the following:
• Winter Brochure(includes all events at Wheeler—approx. 60)
Summer/Fall Brochure(includes all events on sale through Aspen Show Tix- approx.
50)
• Series and Festival One Sheet(for each festival;and series,as requested)
• Venue branding collateral material
• Print advertising for newspaper and magazines
• Digital advertising
• Digital signage(in venue)
Agreement Professional Services Page 10
Presentations: theater slides, preview and board presentations
Television and video advertising design and production, including 30 and 10 second
television ads
Series and Festival poster design and production
Individual Show poster design and production
• Series and Festival collateral materials design and production(e.g. festival passes,
lanyards,street banners, pop-up banners calendars,pocket cards,box office flyers,table
tents,window films,etc.)
Create logos and all brand/image materials as needed for Aspen Show Tickets(Box
Office), Lobby Bar Stage, Series, Festivals,and overall Wheeler
• Internal organization collateral: employee recruitment,volunteer training,manuals,
signage,etc.
In addition to design elements,agency will be responsible for hiring a photography vendor to
capture marketing/branding images over the course of the year.
Website Creation and Maintenance
Creation: Vendor to provide thorough Website creative design for the season and festivals.
Website should be designed and managed so that it clearly displays all that is happening at the
venue,not just the Wheeler series and festivals.The site should include(but not limited to)
season schedule, Festival schedules, individual event pages with descriptions as well as video
and audio samples(when possible), Wheeler locals information, venue rentals schedule and
event listings, RETT funding details page,and general Wheeler information(history,staff,
board,volunteers,etc.). Site should be updated throughout the year as needed between seasons
and festivals. The total pages of the website vary from year to year(depending upon the
number of events we present).
Maintenance: Vendor to update site weekly making general revisions and updating"on
sale" information.
Contract Term
The term is December 10,2018 to April 1,2020 with four(4)one-year renewal options.
Agreement Professional Services Nagr I I
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
Pricing for services shall be quoted on a monthly basis.All work proposed will be performed in-
house.
Professional Services I Communications $4000/month
50 hours per month at blended creative rate of
$100/hour =$5000 blended creative rate discounted to
$80/hour =$4000
This includes creative direction, marketing and public/media relations, media buying,copywriting,
social media, radio/television scripting,project management and e-marketing.
Professional Services I Creative& Design $2960/month
37 hours per month at blended creative rate of
$100/hour=$3700 blended creative rate discounted to
$80/hour=$2960
This includes all design of creative materials and elements including website maintenance.
Television/video production is not included in the pricing above.
Production time will be invoiced at the discounted rate of$100/hour. (Discounted from$150/hour)
Escalation
YEAR 1 04/01/2019-03/31/2020 $6960/month $83,520.00/year
YEAR 2 04/01/2020-03/31/2021 2% $85,190.40/year
YEAR 3 04/01/2021 -03/31/2022 3% $87,746.11/year
YEAR 4 04/01/2022-03/31/2023 4% $91,255.96/year
YEAR 5 04/01/2023-03/31/2024 3% $93,993.63/year
Incidental Production Expenses
Fee Schedule
Incidental not to exceed $5,000.00 per 12 month season.
Item UNIT COST
Photostats I .25
Delivery Charges-Vendor's Courier I $20
Long distance Phone Calls to Publications on Client Behalf 1 $0
Color Printouts 8.5 x 1 1 I $4
Color Printouts 11 x 17 1 $6
Electronic File Transfer(FTP) I $8
CD I $8
Mileage per mile current state rate
Agreement Professional Services Page 12
Reimbursables
Expenses incurred on behalf of client will be itemized on each monthly invoice. Examples of such
expenditures include advertisement placement,printing,shipping, stock photography purchase,etc.
No purchases will be made for reimbursement without prior client approval.
Agreement Professional Services Page 13
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