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HomeMy Public PortalAbout20-9788 - Agreement w/ Hip Rock Star LLC for Public RelationsSponsored by: City Manager RESOLUTION NO. 20-9788 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HIP ROCK STAR, LLC FOR PUBLIC RELATIONS AND MARKETING SERVICES IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000.00), AND AS SET FORTH IN EXHIBIT "A"; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka ("City") City Commission voted to enter an emergency agreement with Hip Rock Star on April 22, 2020 to better communicate with the residents and the business community regarding the COVID- 19 pandemic. Said contract expires on July 31, 2020; and WHEREAS, due to the pervasive nature of COVID-19, the City of Opa-locka is still in need of immediate public relations and marketing service professionals regarding the disease and its impact within the City; and WHEREAS, the City Commission finds it in the best interest of the residents to enter into a short-term Agreement with Hip Rock Star, LLC for public relations and marketing services from August 1, 2020 to September 30, 2020, as attached hereto as Exhibit "C" and not to exceed Fifteen Thousand Dollars ($15,000), in order to seamlessly continue to better communicate with the residents and the business community regarding the COVID-19 pandemic. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Manager is hereby directed to enter into an Agreement with Hip Rock Star, LLC to provide temporary Public Relations and Marketing Services to the City of Opa-Locka, as more specifically set forth in Exhibit "A", and not to exceed Fifteen Thousand Dollars ($15,000). Section 3. This Resolution shall take effect immediately upon adoption, and is subject to the review of the State of Florida Financial Emergency Board for the City of Opa-locka, FL. Resolution No. 20-9788 PASSED AND ADOPTED this 30th day of July, 2020. Attest to: Joa ij a Flores Ci Clerk Moved by: Seconded by: Commissioner Vote: Commissioner Bass: Commissioner Burke: Commissioner Kelley: Vice Mayor Davis: Mayor Pigatt: Matthew Pigatt, Mayor Approved as to form and legal sufficiency: Burnadette Norris- eks, P.A. City Attorney VICE MAYOR DAVIS COMMISSIONER BASS 5-0 YES YES YES YES YES 2 City of Opa-Locka Agenda Cover Memo Department Director: Department Director Signature: City Manager: John E. Pate CM Signature: Commission Meeting Date: 07.30.2020 Item Type: (EnterXin box) Resolution Ordinance Other X Fiscal Impact: (EnterXin box) Yes No Ordinance Reading. (EnterXin box) 1st Reading 2°d Reading x Public Hearing: (EnterX in box) Yes No Yes No x x Funding Source: Account# : 19-519312 (Enter Fund & Dept) Ex: $15,000 Other Contracted Services Advertising Requirement: (EnterXin box) Yes No x Contract/P.O. Required: (EnterXin box) Yes No RFP/RFQ/Bid#: x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Communcation Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X m IN • • Image • Sponsor Name City Manager Department: City Manager Short Title: A resolution authorizing the City Manager to execute an agreement with Hip Rock Star, LLC for Public Relations and Marketing Consultant pursuant to RFP No. 20-0701100. Staff Summary: Request for Proposal (RFP) 20-0701100 was published on May 31, 2020 for Public Relations and Marketing Consultant. Seven (7) proposals were received by the City Clerk's Office and certified by the City Clerk on July 1, 2020. The Evaluation Committee reviewed the proposals and subsequently selected Hip Rock Star, LLC as the lowest responsive responsible bidder. Staff is recommending that the City Commission approve an agreement commencing August 1, 2020 - September 30, 2020 to avoid any lapse in PIO Coverage. Financial Impact A contract to not exceed $15,000 covering the period through September 30, 2020 can be funded from available funds as follows: Account Description Available Project Remaining Balance 19-519312 Other Professional Services $15,000 $15,000 — Total $15,000 Proposed Action: Staff recommends the approval based on the Selection Committee review, scoring and ranking and the availility of funding for a contract through September 30, 2020. Attachment: Agreement AGREEMENT This Agreement is entered into this day of between the City of Opa-Locka ("City") and Hip Rock Star, LLC ("Contractor"), whose address is 9507 SW 160TH ST, Suite 230, Miami, FL 33157. WHEREAS, Contractor is a public relations and marketing firm; and WHEREAS, the Contractor desires to be associated with the City and City desires to retain Contractor to perform public relations and marketing services on an emergency basis. NOW THEREFORE, in consideration of the premises and the mutual covenants contained herein, the City and the Contractor mutually agree as follows: 1. This Agreement shall be effective as of August 1, 2020 and shall terminate the Agreement on September 30, 2020 (the "Term"). 2. City retains Contractor as an independent contractor and Contractor agrees to work closely with the City to provide the following Public Relations and Marketing Service pursuant to the Scope of Services set forth in Exhibit "A". 3. The City agrees to pay Contractor a fee of Ninety Five Dollars ($95.00) an Hour for services during the term hereof at an amount not to exceed total of Fifteen Thousand Dollars ($15,000.00). Contractor shall be paid upon receipt of an invoice documenting specific deliverables that were provided to the City. 4. Contractor agrees to use best efforts, attention, knowledge and skill in carrying out Services. Contractor acknowledges the importance of completing the Services as set forth in this Agreement and further agrees that time is of the essence in all matters relating to fulfilling the obligations of this Agreement. 5. The fee shall be the entire compensation for any and all services rendered by Contractor hereunder. 6. The City shall not have any obligation hereunder to provide and shall not provide the Contractor or his dependents with medical, health, pension or any other employee benefits. 7. Contractor acknowledges and agrees that it shall be solely and exclusively Contractor's obligation and responsibility to report to the appropriate governmental agencies and other authorities all compensation received by Contractor hereunder and to report and pay all taxes or impositions thereon. Contractor shall indemnify and hold harmless the City for and against any and all claims, damages, losses or obligations asserted or imposed against the City by Contractor, any governmental agency or any other person in connection with the payment or recovery of such sums. 8. The City expressly reserves the right, at any time or for any reason whatsoever, to retain other Contractors in addition to Contractor to perform Services that are similar or identical to the Services being performed by Contractor. 9. Contractor acknowledges that, in the course of performing the Services, it may originate, develop, receive or otherwise become aware of knowledge and information concerning the City and its plans and that all such knowledge and information, whether oral or written which is developed or acquired by, or communicated or delivered to Contractor or of which Contractor may otherwise become aware are and shall be and remain the confidential information of the City ("Confidential Information"). The Contractor will not use or disclose any information concerning a recipient of services under this Agreement for any purpose not in conformity with state statute and applicable federal regulations. Contractor further acknowledges that, in the course of performing the services, it may have access to certain other information that relates, directly or indirectly, to the City's or its agents, statistical, business or technical research, development, trade secrets, processes, formulae, specifications, programs, software packages, technical know-how, methods and procedures of operation, business or confidential plans ("Proprietary Information"). 10. Contractor agrees to hold such Confidential Information and Proprietary Information in strict confidence; not to disclose such Confidential Information and Proprietary Information with others or use the same in any way, commercially or otherwise, except in performance of the Services at anytime without the prior written consent of the City; to take all actions reasonably necessary to protect the confidentiality of the information and, at termination of this Agreement, to return all Confidential Information and Proprietary Information to the City whether written, printed, machine readable or in any other form whatsoever. 11.AII Services provided by Contractor are deemed Services done for hire. The City shall be deemed to be the absolute and unqualified owner items owned by the City for use. 12.The City shall not be under any obligation to use Contractor's name or give Contractor credit of any kind for any of the Services performed or work product prepared or furnished by Contractor; nor may Contractor use the City's name or trademark in any manner, expressly or implied, which might tend to convey the impression that Contractor's services indicate an endorsement by the City of Contractor's services, without the prior written consent of the City. 13.It is understood and agreed that Contractor's relationship with the City is not to exercise supervision of Contractor in Contractor's performance of the Services nor shall the City require Contractor's compliance with detailed orders or instructions, it being intended that Contractor shall serve as an independent contractor to the City with the time, manner and place of performance of Contractor's obligations being determined by Contractor, in his sole discretion and judgment as an independent Contractor. 14. Contractor acknowledges and agrees that it does not have the authority to bind or attempt to bind the City by contract or otherwise, or to represent to third parties that Contractor has any right to so bind the City or to use the City's name in any connection of or for any purpose whatsoever. 15.To the extent permitted by law, the Contractor shall be liable for and indemnify, defend, and hold the City and all of its officers, agents, and employees harmless from all claims, suits, judgments, or damages, including attorneys' fees (including all levels of appeal) and court costs and expenses, arising out of any act, actions, neglect, or omissions by the Contractor, its agents, officers, subcontractors, or employees during the performance or operation of this Agreement or any subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or intangible property, including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. This section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City, any sums due to the Contractor under this Contract may be retained by the City until all of the City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by the City. The parties agree that such indemnification obligations shall survive the expiration or termination of this Agreement. Nothing herein shall be construed to waive any sovereign immunity that may be applicable pursuant to law. 16. Contractor shall maintain at its sole cost and expense all times, comprehensive general liability insurance, in addition to any other insurance the City may reasonably require. Each policy shall state that it is not subject to cancellation, modification, or reduction in coverage without 30 days written notice to the City prior to the effective date of cancellation, modification or reduction in coverage. Contractor shall maintain each of the above insurance policies throughout the term of this Agreement and any extensions of this Agreement. 17.This Agreement is personal in nature to Contractor and the rights and obligations of Contractor may not and shall not be assigned, subcontracted, delegated or otherwise transferred by Contractor by operation of law or otherwise. 18.In the event that any one or more of the provisions of this Agreement shall be held to be invalid, the remaining provisions of the Agreement shall not in any way be affected or impaired thereby. 19.This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed in such State. The parties further agree to abide by all applicable Federal and State law and that venue shall be in Miami -Dade County. 20.This Agreement or any part of this Agreement may be terminated by either party at any time upon no less than three (3) days' notice to the other party delivered in person or by confirmed delivery. 21.AII agreements and covenants herein are severable, and in the event any one of them shall be held to be invalid by any competent court, this Contract shall be interpreted as if such invalid agreements or covenants were not contained herein. 22. In the event of conflict concerning the terms of this Contract, the parties will seek to mediate prior to filing any associated litigation. 23. If a court of competent jurisdiction holds the City of Opa-Locka liable for certain tortuous acts of its agents, officers, or employees, such liability shall be limited to the extent and limit provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or defense that the City may possess. The City specifically reserves all rights as against any and all claims that may be brought as a result of this Contract. 24.It is the intention of the parties that this Agreement supersedes all prior agreements, representations and understandings and that it shall not be modified or amended in any respect except in a writing signed by both parties. ("City") ("Contractor") Date Signed Tax ID or Social EXHIBIT "A" SCOPE OF SERVICES CONTRACTOR AGREES TO: •Create a Marketing Plan •Service Press Release for COL on COVID-19 on Twitter • Service Press Release for COL on COVID-19 to targeted news outlets • Pitch development initiatives/stories and photo opportunities to outlets • Coordinate and schedule interviews with spokesperson • Develop talking points for interviews • Broadcast interviews live on all Social Media platforms • Provide an after -action report including all media releases, media clips, high performance social media posts with analytics, log of television and radio appearances • Develop graphics to visually convey COVID-19 facts • Post information to all social media platforms • Develop and distribute a newsletter • Distribute COL information to constituents via group texts and telephone calls As a way to facilitate the aforementioned outcomes, the City agrees to: a) Work with the Hip Rock Star, LLC staff to identify information to be distributed. b) Provide feedback and approval on all work prior to disseminating to public, press, and constituents. c) Provide Access to scheduling of Spokesperson as needed.