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HomeMy WebLinkAboutResolution 9762RESOLUTION 9762 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING HIRING OF RAPP STRATEGIES, INC TO PROVIDE PUBLIC INFORMATION AND COMMUNITY ENGAGMENT SERVICES RELATED TO COMMUNITY CENTER EXPANSION WHEREAS, Council has been and continues to explore an expansion of the Mounds View Community Center; and WHEREAS, Council has received a report for an economic consultant specific to operations indicating economic viability, contracted with Kodet Architects to develop concept plans and construction estimates, and contracted with Jill Brown and Associates for communication assistance, and WHEREAS, Council contracted with Libby Law for governmental relation services seeking state bonding funds of $16.5 million and legislative approval for a local option sales tax, and WHEREAS, the 2023 Minnesota Legislature included the City of Mounds View Local Option Sales Tax Bill of 1.5% for voter approval in the Omnibus Tax Bill which was signed by the Governor, and WHEREAS, the City of Mounds View has introduced a Bonding Bill request seeking $16.5 million in state funds with the Bill heard in the Senate and formally submitted a request to Minnesota Management Budget for the 2024 Bonding Bill process, and WHEREAS, State Bonding can only be used for 50% of a project with the local unit of government having to provide the other 50%, which can be a local property tax levy, local approved sales tax, reserves, or a combination of all three, and WHEREAS, Council engaged the Morris Leatherman firm to conduct a Community Survey regarding support — property tax levy and/or local option sales tax with, and WHEREAS, Council received a presentation from Rapp Strategies, Inc. at their June 5, 2023 workshop specific to public information and community engagement services specific to voter approved referendums. The Mounds View Vision A Thriving Desirable Community Resolution 9762 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that Council authorizes staff to execute agreement with Rapp Strategies, Inc. for public information and community engagement services at $6,000 per month but not to exceed $50,000. Adopted this 12t" Day of June, 2023 Gary Kreelilhause, Acting Mayor ATTEST: Brian Be an, Acting City Administrator (SEAL) June 7, 2023 Nyle Zikmund, City Administrator City of Mounds View 2401 County Road 10 Mounds View, MN 55112 Dear Nyle: This letter is the agreement ("Agreement") between Rapp Strategies, Inc. ("Rapp Strategies"), and the City of Mounds View ("Client"), wherein Rapp Strategies will provide the services to the Client described in Paragraph 1, below. This Agreement shall be effective from June 27, 2023, until November 30, 2023. 1. The Client is pursuing a plan to expand its community center, recently receiving legislative approval for a 1.5% sales tax option to present to voters in a November 2023 referendum. Rapp Strategies is being retained to provide strategic counsel and communications services to support Client's public information and community engagement program related to the sales tax referendum, limited to the following scope of services: a. Lead weekly planning and strategy meetings. b. Produce core messaging about the project and referendum. c. Create a communications workplan through Nov. 30. d. Develop and design a referendum brand/logo. e. Design and populate a referendum website. f. Draft a press release announcing the launch of the microsite and the city's public information program about the project and referendum. g. Draft a series of social media posts announcing the public information plan, and two to three social media posts a week through Election Day (after debut of microsite). h. Develop one slide presentation (10-12 slides) for community meetings. i. Write two guest columns by a government leader for local media. j. Create one fact sheet describing the project and referendum facts. k. Lead training sessions for council members to prepare for public questions and interviews. I. Post -election communications planning. 2. Rapp Strategies specifically acknowledges that Client is subject to Minn. Stat. §297A.99, subd. 1(d) and Rapp Strategies agrees that all work contemplated by this Agreement will be subject to Client's review and final approval prior to publication so that Client may ensure compliance with that statute and other law. 3. Client agrees to pay Rapp Strategies a fixed fee of $30,000.00 for the services described in Paragraph 1. Rapp Strategies will invoice the Client $6,000 per month for each of the five months from July through November 2023. Rapp Strategies, Inc. 333 South Seventh Street, Suite 2120 1 Minneapolis, MN 55402 1 612.843.4500 1 www.rappstrategies.com RRAPP STRATEGIES 4. Todd Stone, Managing Director at Rapp Strategies, will be the day-to-day contact for the Client. Other Rapp Strategies staff may provide services as necessary to the completion of the project. Nyle Zikmund will be the day-to-day contact for the City of Mounds View. 5. If Client requests services in writing that are significantly broader than described in Paragraph 1, Rapp Strategies will invoice the Client at its current hourly rates. For reference, Rapp Strategies current hourly rates are: • Partners, $325/hour • Senior Counselors or Vice President, $275-325/hour • Directors, $225-275/hour • Account Managers/Supervisors, $180-230/hour • Senior Account Executives, $140-180/hour • Account Executives, $110-140/hour • Assistant Account Executives, $80-110/hour • Support Staff, $50/hour Rapp Strategies will provide at least thirty (30) days written notice prior to changes in these hourly rates. 6. Rapp Strategies will invoice the Client for work on a monthly basis. Client shall submit payment to Rapp Strategies within thirty (30) days of the invoice date. Overdue invoices incur a service charge of 1.5% per month (18% annually). The Client agrees to reimburse Rapp Strategies for all expenses, including reasonable attorney's fees, incurred in the collection of any overdue and unpaid balance. This section shall survive the termination or expiration of this Agreement. The costs associated with third -party vendor services are not included in the fees agreed to for services described in Section Number 1. Examples of such third -party vendor services include, but are not limited to, printing of materials, mailing, website hosting and URLs, video production and survey field work. Client will be responsible for contracting with all third -party vendors and making all payments for such third -party services. If mutually agreed to by Rapp Strategies and Client, Rapp Strategies may provide the Client with access to third -party vendors by contracting directly with such vendors on the behalf of the Client. In doing so, Rapp Strategies provides the Client with access to Rapp Strategies' relationships with such vendors, allowing the Client access to potentially significant cost savings such as avoiding set-up expenses and other account initiation fees. On behalf of the Client, Rapp Strategies will manage the vendor's services, handle billing arrangements and provide for timely payment to the vendor. In consideration for the Client's access to such cost savings and to offset the expense of managing vendor invoices and pre -payment, Rapp Strategies will add a mark-up of fifteen percent (15%) to the vendor's invoice when Rapp Strategies bills the Client for such vendor's services. Rapp Strategies is not reselling the vendor's services and the vendor's invoice will include sales tax as appropriate. In the event the Client discovers any potential errors in or has questions about an invoice, the Client agrees to submit, in writing prior to the due date provided on the invoice, (i) the dollar amount of the suspected error or transaction needing documentation, and (ii) a description of the suspected billing error and/or an explanation of why additional documentation is requested. The Client agrees that if it does not notify Rapp Strategies of any suspected error within thirty (30) days of the date of the invoice, then it foregoes any rights to dispute such error. Page 2 of 5 RRAPP STRATEGIES 9. Rapp Strategies will maintain accurate records of all work performed for the Client and out-of- pocket expenses incurred on the Client's behalf and will make these records available for inspection for up to one (1) year following the date of any work performed. The Client agrees that it will not be entitled to access to confidential Rapp Strategies information, including salary or overhead information. 10. The data created, collected, received, stored, used, maintained, or disseminated by Rapp Strategies, any subcontractor of Rapp Strategies or Client in performing the work contemplated under this Agreement and this Agreement itself ("Agreement Data") are subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13 ("Act"). Agreement Data is considered public information under the Act, unless it can be demonstrated that any given Agreement Data should not be treated as public information, including but not limited to that such Agreement Data is a "trade secret" pursuant to Minn. Stat. §13.37, subd. 1 or "nonpublic business data" pursuant to Minn. Stat. §13.591. In the event that Rapp Strategies receives a request for Agreement Data under Minn. Stat. Chapter 13, Rapp Strategies will notify Client promptly and direct such requests to provide Agreement Data to Client so that Client may respond to the request. Client acknowledges that Rapp Strategies does not have a duty to provide access to public data to the public if the public data are available from the Client. 11. To the extent Rapp Strategies is asked by Client's legal counsel to perform public relations strategy and functions in support of legal actions involving the Client, Rapp Strategies will make all reasonable efforts to protect this work from disclosure to third parties using the attorney work product doctrine. 12. Rapp Strategies will make all reasonable efforts to preserve confidential information provided by the Client or developed by Rapp Strategies on behalf of the Client in a manner complying with the Minnesota Government Data Practices Act. "Confidential Information" for purposes of this agreement means all non-public information, including, but not limited to, product information, customer information, financial information, business and marketing plans, production plans and methods, customer lists, business contacts, fee schedules, personnel information, on -site and off -site computer data, computer usernames and passwords, business systems and techniques, and any documents labeled or stamped "trade secrets," "proprietary," or "confidential." Rapp Strategies acknowledges and agrees that in connection with the provision of the services to the Client, Rapp Strategies shall not, during the term or thereafter, use, publish, otherwise disclose, or utilize in any way, any of the Client's Confidential Information, at any time during or after the term of this Agreement, and continuing for so long as the Client continues to reasonably maintain the non-public nature of such Confidential Information, except as necessary to provide the services hereunder. Upon termination of this Agreement and at the request of the Client, Rapp Strategies shall return to the Client any of the Client's Confidential Information in its possession. 13. Rapp Strategies will not and shall not be expected to undertake activities to verify the accuracy of any information supplied to it by the Client and is entitled to rely on such submission in the discharge of its services. 14. The Client agrees to indemnify, defend and hold harmless Rapp Strategies, together with its shareholders, officers, employees, agents, successors and assigns, from and against any loss, claim, suit, judgment, proceeding, investigation, liability, cost and expense (including the Page 3 of 5 RRAPP STRATEGIES immediate assumption and payment of any Rapp Strategies legal expenses and attorney's fees and out-of-pocket costs and expenses), penalty, damage, settlement or obligation of any kind or nature that arises from or is incurred as a result of (i) any act or omission of the Client, its agents or affiliates, (ii) any information provided by the Client to Rapp Strategies or approved and/or adopted by the Client, or (iii) representations made by the Client to Rapp Strategies or to any third party. This indemnification shall include payment for time spent by Rapp Strategies personnel in connection with any such matter (including time spent in responding to subpoenas and preparing for and providing testimony in depositions and at trial) at the hourly rates specified for such personnel in this Agreement. Rapp Strategies agrees to indemnify, defend and hold harmless Client from and against any loss, claim, suit, judgment, proceeding, investigation, liability, cost and expense, penalty, damage, settlement or obligation of any kind that arises from or is incurred as a result of any negligent conduct by Rapp Strategies, or as a result of communications made by Rapp Strategies to any third party, unless such communications were made at the direct request of, provided by or approved by Client. This section shall survive the termination or expiration of this Agreement. 15. Upon request of Client, Rapp Strategies will provide website design services using a Squarespace template to be published on the Client's account on an Internet Service Provider (1SP) hosting service. In accordance with the Squarespace Terms and Conditions, the Client will own the website and the content thereof. Other than as described in Section Number 1.b., the Client will be solely responsible for maintaining the website and purchasing and renewing the URL(s) and hosting services through the appropriate third -party vendors. The Client will authorize Rapp Strategies to access the relevant website account(s) and authorizes the Client's hosting service to provide Rapp Strategies with access to the Client's account(s) so that design services may be performed, and Client -approved content may be populated to the website. 16. Rapp Strategies is providing website design services "as is" and makes no warranties or representations, either express or implied, that the website will be uninterrupted, error -free, free from viruses or other harmful components. In no event will Rapp Strategies be liable for any damages arising out of the operation of or inability to operate the website, including, but not limited to, client -approved content, service interruptions, security issues, or hacking. This section shall survive the termination or expiration of this Agreement. 17. This Agreement may be terminated at any time following the receipt of written notice to the address of Rapp Strategies (in the case of termination by the Client) or the Client (in the case of termination by Rapp Strategies) provided above; however, any amounts otherwise due to Rapp Strategies, irrespective of whether such amounts have been invoiced to the Client as of the date of any termination, shall remain due and payable upon the terms described herein. 18. This Agreement constitutes the whole agreement between the Client and Rapp Strategies with respect to the subject matter and supersedes any and all prior oral or written understandings, arrangements, negotiations, communications and/or representations between them. No amendment of this Agreement will be effective unless mutually agreed to in writing by Client and Rapp Strategies. 19. This Agreement is made and entered into in the State of Minnesota and the parties hereto agree the laws thereof shall govern it. Any action to enforce this Agreement shall take place in the courts of the state of Minnesota located in Hennepin County, Minnesota, or in the U.S. District Court located in Minneapolis, Minnesota. Page 4 of 5 aRAPP STRATEGIES Signature page follows. Sincerely, Rapp Strategies, Inc. By: Todd Rapp, CEO June 7, 2023 Accepted as of the _ day of , 20_ by the "Client", described above. 0 Its: Page 5 of 5 12th June 23 Gary Meehlhause Acting Mayor