23-048.02AmpliFiAdvertising2024GeneralMarketingServices \IIIIIIk
S1ok .ne
Malley® 10210 E Sprague Avenue • Spokane Valley WA 99206
Phone: (509)720-5000 • Fax: (509)720-5075 •www.spokanevalley.org
Email: cityhall@spokanevalley.org
December 12, 2023
Contract No.23-048.02
AmpliFi Advertising
1003 E. Trent, Suite 140
Spokane, WA 99202
Re: Implementation of 2024 option year, Agreement for Economic Development and
Event Marketing Services, #23-048, executed February 28, 2023.
Dear Michelle:
The City executed an Agreement for provision of marketing services on February 28,
2023, by and between the City of Spokane Valley, hereinafter "City", and AmpliFi
Advertising, hereinafter"Contractor" and jointly referred to as "Parties."
The original Agreement states that it was for one year, with two optional one-year terms
possible if the parties mutually agree to exercise the options each year. This is the first
annual renewal (year one) of two possible option years that can be exercised and runs
through December 31, 2024.
The City would like to exercise the 2024 option year of the Agreement. The
compensation to be paid in 2024 includes the labor and material cost negotiated and shall
not exceed $190,000.00. The history of the annual renewals, including dollar amounts, is
set forth as follows:
2023 Original contract amount $125,300.00
2023 Contract Amendment $ 33,300.00
2024 Year One Renewal $190,000.00
Total $348,600.00
In addition, Exhibit A and B of the Original Contract are replaced with Exhibit A2 and
Exhibit B2 which are attached hereto and incorporated herein by reference. All of the
other contract provisions contained in the original Agreement shall remain in place and
remain unchanged in exercising this option year.
If you are in agreement with exercising the 2024 option year, the 2024 scope of service
(Exhibit A2), and the 2024 fee proposal (Exhibit B2), please sign below to acknowledge
the receipt and concurrence. Please return two copies to the City for execution, along
with current insurance information. A fully executed original copy will be mailed to you
for your files.
CITY OF SPOKANE VALLEY AMPLIFY ADVERTISING
1n J 71,7 "\p/ tt jA91,QA,V) (V) a&lik.
Hohman, City Manager Name: Michelle Morin Machi
Ae.cO0NI' rS 0e \SOCZ
Title
APPROVED AS TO FORM:
if
Offic of the City ttomey
sr"lollLi�lle
Exhibit A2: AmpliFi Advertising Scope of Work— 2024 Projects
Economic Development
Date Prepared: December 1, 2023
Prepared For: AmpliFi Advertising
Project Title: 2024 Econ Dev and Event Marketing Scope
1. Event Marketing
Timing:Jan. 1 through Dec.31,2024
Create and implement targeted marketing campaigns to promote Spokane Valley events:
EVENT PROPOSED BUDGET
Farmers Market at CenterPlace(Fridays,early June through mid Sept)
Crave NW Food&Drink Festival at CenterPlace(July 11-13,2024)
Fresh Hop Festival $52,500
Cycle Celebration(July 28,2024)and Valleyfest(Sept.20-23,2024)
Winterfest(Fair&Expo Center—Dec.2024)
2. Business Recruitment/Enhancement Marketing
A.Skilled Labor Recruitment campaigns for Business Enhancement
Create and implement targeted marketing campaigns to promote Spokane Valley's lifestyle elements such
as low cost of living,short commute,outdoor recreation—all things that provide a high quality of life.
LATE SPRING—EARLY SUMMER CAMPAIGN PROPOSED BUDGET
Digital and video development and media buy(March-April)
FALL CAMPAIGN $40,000
Digital and video development and media buy(Aug to Oct)
B.Business Recruitment Marketing
PRINT ADVERTISING
Design creative and coordinate media buy for May 2024
advertisement in Spokane Valley Chamber
Magazine
Media buy for advertisement in GSI Magazine September 2024 $22,500
PAID SEARCH CAMPAIGN(drive web traffic
to Econ Dev site)
Monthly campaign to increase website traffic Monthly,April—Sept 2024
VIDEO/PHOTOS
Business video and images Jan-Dec 2024
TOTAL FEES SCOPE OF WORK#1 ECONOMIC DEVELOPMENT $115,000
1
City Communications
Date Prepared: December 1, 2023
Prepared For: AmpliFi Advertising
Project Title: 2024 City Communications Scope of Work
1. Update City Brand
Timing:Jan. 1 through Dec.31,2024
Finalize the City's brand update, including,but not limited to selecting colors and fonts,and creating
templates for email signatures,letterhead and envelopes, emails, PowerPoints,social media graphics,
flyers,etc.
CITY BRAND PROPOSED BUDGET
$25,000
2. Digital and Video Development
Timing:Jan. 1 through Dec.31,2024
Develop creative digital storytelling through video and/or other digital tools for purposes such as, but not
limited to,the annual State of the City address.
ITEM PROPOSED BUDGET
Video/Digital Creative $25,000
3.On-Call Graphic Design
Timing:Jan. 1 through Dec.31,2024
Provide graphic design services for various needs throughout the year.
ITEM PROPOSED BUDGET
On-Call Graphic Design $25,000
TOTAL FEES S JPE OF WORK#2 CITY COM UNICATIIONS $75 04
TOTAL FEES—Economic Development and City Communications: $190,000.00
2
Exhibit B2: Fee Proposal
Consultant shall provide a separate monthly invoice to each department(Economic Development Department and
the Communications Division)that details all services rendered during the monthly billing cycle.The invoice shall
summarize consulting,production and creative fees, media purchase,and any other expenses.Consultant shall be
paid for tasks completed as identified in the invoice.
3
All RD CERTIFICATE OF LIABILITY INSURANCE DATEa(IMAIDDIYYT,'
/21/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate doss not confer rights to the certificate holder In lieu of such sndorsement(s).
PRODUCER CONTACT
Liberty Mutual Insurance PHONE FAX
PO Box 188065 rc.No.Eat): 800-962-7132 wc.Nor. 800-845-3666
Fairfield,OH 45018 ADDRESS: BusinessService4LibertyMutual.com
IN$IURER(S)AFFORDING COVERAGE NAIC S
INSURER A: American Fire and Casualty Company 24066
INSURED INSURER B:
Bhw 1 LLC
DBA Am lift Advertising INSURER``
1003 E Trent 140 INSURER D:
Spokane WA 99202 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 73970486 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
AD '... POUCY OFF POLICY EXP
iLTtADMTYPE OF INSURANCE N!D NW POLICY NUMBER (M YYI WDINYY aIIYDDMYYT) LIMITS
A / coMYERCUL GENERAL UAaIUTY ,p BZA57769327 5/22/2023 5/22/2024 EACH ONCE $2,000.000
DAMAGE TO RENTED
1 CLAIMS-MADE / OCCUR PREMISES(Ea occ nence) 82,000,000
✓ Buslnessowners MED EXP(Any one parson) $15,000
PERSONALS ADV INJURY $Excluded
GENt.AGGREGATE LIMIT APPLIESIi PER: GENERAL AGGREGATE $4.000.000
L
✓ I POLICY I 178- LOC PRODUCTS-COMP/OP AGO S 4,000,000
I OTHER: $
A AUTOMOIILEUABILm BZA57769327 5/22/2023 15/22/2024 &VEINED SINGLE UNIT $2,000,000
ANY AUTO 1 BODILY INJURY(Per person) $
OWNED i—SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS I PROPERTY DAMAGE
✓, AAUTOS ONLY /AUTOS ONIRED LY (Per accident) :
S
UMBRELLAUAa OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE S
DED RETENTION S $
A WORKERS COMPENSATION BZA57769327 5/22/2023 5/22/2024 PER STATUTE 0T
LI AND EMPLOYERS' ABILITY
ANYPROPRIETORIPARTNER/DGiCUTNE Y❑ N/A E.L.EACH ACCIDENT $2.000,000
OFFICERMEMBEREXCLLIDED9
(Mail Bury In NH) Stop Gap E.L.DISEASE-EA EMPLOYEE,$2.000.000
If yes dutaibe under
DESCRIPTION OF OPERATIONS Wow i , EL.DISEASE-POLICY UNIT $2.000.000
1
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Honiara,Schedule.Soy be aBadnd B mere ewe le required)
The City of Spokane Valley is Additional Insured if required by written contract or written agreement,subject to Bus nessowners Liability Extension,
Blanket Additional Insured Provision.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
The City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
10210 E Sprague Ave ACCORDANCE WITH THE POLICY PROVISIONS.
Spokane Valley WA 99206
AUTHORIZED REPRESENTATIVE . —/-7.-
frZ
Eke Shackle ford
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
73970486 157769327 123-24 GL AO WC 1 Ella Sbackleford 14/21/2023 9:58:17 AM (CST) I Page 1 of 1
Contract No.23-048
AGREEMENT FOR SERVICES
AmpiFi Advertising
THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State
of Washington,hereinafter"City"and AmpliFi Advertising,hereinafter"Consultant,"jointly referred to as
"Parties."
IN CONSIDERATION of the terms and conditions contained herein,the Partics agree as follows:
1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily
complete the Scope of Services,attached as Exhibit A.
A.Administration. The City Manager or designee shall administer and be the primary contact for
Consultant. Prior to commencement of work, Consultant shall contact the City Manager or
designee to review the Scope of Services,schedule,and date of completion. Upon notice from the
City Manager or designee, Consultant shall commence work, perform the requested tasks in the
Scope of Services,stop work,and promptly cure any failure in performance under this Agreement.
B. Representations. City has relied upon the qualifications of Consultant in entering into this
Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill,
and resources necessary to perform the work and is familiar with all current laws, rules, and
regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon
personnel shall be made without the prior written consent of City.
Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for
the timely provision of all professional services required to complete the Scope of Services under
this Agreement.
Consultant shall be responsible for the technical accuracy of its services and documents resulting
therefrom,and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct such deficiencies without additional compensation except to the extent such action is
directly attributable to deficiencies in City-furnished information.
C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed
by professional consultants engaged in the same profession, and performing the same or similar
services at the time such services are performed.
D. Modifications. City may modify this Agreement and order changes in the work whenever
necessary or advisable. Consultant will accept modifications when ordered in writing by the City
Manager or designee, so long as the additional work is within the scope of Consultant's area of
practice. Compensation for such modifications or changes shall be as mutually agreed between the
Parties. Consultant shall make such revisions in the work as are necessary to correct errors or
omissions appearing therein when required to do so by City without additional compensation.
2.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in
effect until completion of all contractual requirements have been met as determined by City. Consultant
shall complete its work by December 31,2023,unless the time for performance is extended in writing by
the Parties.
Agreement for Services(without professional liability coverage) Page 1 of 8
Contract No.23-048
Either Party may terminate this Agreement for material breach after providing the other Party with at least
10 days' prior notice and an opportunity to cure the breach. City may,at its option, enter into up to two
annual renewals in such amounts and for such marketing services as agreed to by the Parties.The City shall
give at least 30 days'written notice of its decision to inter into a renewal.City may,in addition,terminate
this Agreement for any reason by 10 days'written notice to Consultant. In the event of termination without
breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to
the termination date.
3.Compensation. City agrees to pay Consultant a flat fee of$125,000,(which includes Washington State
Sales Tax if any is applicable)as full compensation for everything done under this Agreement,as set forth
in Exhibit B. Consultant shall not perform any extra,further,or additional services for which it will request
additional compensation from City without a prior written agreement for such services and payment
therefore.
4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for
payment shall be sent to the City Finance Department at the below-stated address.
City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which
is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the
Scope of Services,City standards,City Code,and federal or state standards.
5.Notice. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name:Christine Bainbridge,City Clerk Name: AmpliFi Advertising
Phone:(509)720-5000 Phone(509)456-8640
Address: 10210 East Sprague Avenue Address 1003 E.Trent,Suite 140
Spokane Valley,WA 99206 Spokane,WA 99202
6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply
with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs,
construction documents,and services shall conform to all federal,state,and local statutes and regulations.
7. Certification Reearding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions.
A. By executing this Agreement,the Consultant certifies to the best of its knowledge and belief
that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible,or voluntarily excluded from covered transactions by any federal department or
agency;
2. Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining,attempting to obtain,or performing a public(federal,state,
or local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement,theft, forgery,bribery, falsification or
Agreement for Services(without professional liability coverage) Page 2 of 8
Contract No.23-048
destruction of records,making false statements,or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph(A)(2)of this certification;and
4. Have not within a three-year period preceding this application/proposal had one
or more public transactions(federal,state,or local)terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this Agreement.
8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent
contractor and not the agent or employee of City,that City is interested in only the results to be achieved,
and that the right to control the particular manner,method,and means in which the services are performed
is solely within the discretion of Consultant. Any and all employees who provide services to City under
this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible
for the conduct and actions of all its employees under this Agreement and any liability that may attach
thereto.
9.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared
by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure
pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped,
photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise
provided,be deemed the property of City. City shall be permitted to retain these documents,including
reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form
of computer files,for the City's use. City shall have unrestricted authority to publish,disclose,distribute,
and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under
this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product
outside of the scope of its intended purpose.
10.Records. The City or State Auditor or any of their representatives shall have full access to and the right
to examine during normal business hours all of Consultant's records with respect to all matters covered in
this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts
from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters
covered by this Agreement for a period of three years from the date final payment is made hereunder.
11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors.
A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and
coverages described below:
1. Automobile liability insurance covering all owned, non-owned, hired, and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA
00 01.
2.Commercial general liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent
Agreement for Services(without professional liability coverage) Page 3 of 8
Contract No.23-048
contractors and personal injury, and advertising injury. City shall be named as an
additional insured under Consultant's commercial general liability insurance policy with
respect to the work performed for the City using an additional insured endorsement at least
as broad as ISO CG 20 26.
3. Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits:
I.Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of$1,000,000 per accident.
2. Commercial general liability insurance shall be written with limits no less than
$2,000,000 each occurrence,and$2,000,000 general aggregate.
C.Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain,
the following provisions for automobile liability and commercial general liability insurance:
1. Consultant's insurance coverage shall be primary insurance with respect to the City.
Any insurance,self-insurance,or self-insured pool coverage maintained by City shall be
in excess of Consultant's insurance and shall not contribute with it.
2.Consultant shall provide City and all additional insured for this work with written notice
of any policy cancellation within two business days of their receipt of such notice.
3. If Consultant maintains higher insurance limits than the minimums shown above,City
shall be insured for the full available limits of commercial general and excess or umbrella
liability maintained by Consultant, irrespective of whether such limits maintained by
Consultant are greater than those required by this Agreement or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by
Consultant.
4. Failure on the part of Consultant to maintain the insurance as required shall constitute a
material breach of the Agreement, upon which the City may, after giving at least five
business days' notice to Consultant to correct the breach, immediately terminate the
Agreement,or at its sole discretion,procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to City on
demand,or at the sole discretion of the City,offset against funds due Consultant from the
City.
D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating
of not less than A:VII.
E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Agreement before commencement of the work.
Agreement for Services(without professional liability coverage) Page 4 of 8
Contract No.23-048
12. Indemnification and Hold Harmless. Consultant shall, at its sole expense,defend, indemnify,and
hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability,
loss,costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever
relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by
Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent
permitted by law,subject only to the limitations provided below.
However, should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City,its officers,
officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under
Industrial Insurance,Title 51,RCW,solely for the purpose of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination
of this Agreement.
13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power,
right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance
shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded
in this Agreement or by law shall be taken and construed as cumulative and in addition to every other
remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of
this Agreement or to require at any time performance by the other Party of any provision hereof shall in no
way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any
part thereof.
14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or all of the
responsibilities of this Agreement or the benefits received hereunder without prior written consent of the
other Party.
15. Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for
any of the work contemplated under this Agreement without obtaining prior written approval of City.
16.Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to
be confidential. Consultant shall not disclose such information without the prior express written consent
of City or upon order of a court of competent jurisdiction.
17.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Disputes
between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane
County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request,be joined as a
party in any arbitration proceeding between City and any third party that includes a claim or claims that
arise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees
that an arbitrator's decision therein shall be final and binding on Consultant and that judgment may be
entered upon it in any court having jurisdiction thereof.
18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees).
19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between
the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,
Agreement for Services(without professional liability coverage) Page 5 of 8
Contract No.23-048
modified,or altered except in writing signed by the Parties hereto.
20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or
action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited,
accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an
interest in this Agreement.
21. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement,
the Consultant,for itself,its assignees,and successors in interest agrees as follows:
A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in
subsection G,below ("Pertinent Non-Discrimination Authorities")relative to non-discrimination
in federally-assisted programs as adopted or amended from time-to-time, which are herein
incorporated by reference and made a part of this Agreement.
B. Non-discrimination. Consultant,with regard to the work performed by it during this Agreement,
shall not discriminate on the grounds of race,color,or national origin in the selection and retention
of subcontractors,including procurements of materials and leases of equipment. Consultant shall
not participate directly or indirectly in the discrimination prohibited by the Acts and the
Regulations, including employment practices when the contract covers any activity, project, or
program set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by Consultant for work to be
performed under a subcontract,including procurements of materials,or leases of equipment,each
potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under
this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of
race,color,or national origin.
D. Information and Reports. Consultant shall provide all information and reports required by the
Acts,the regulations,and directives issued pursuant thereto,and shall permit access to its books,
records,accounts,other sources of information,and its facilities as may be determined by the City
or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions.
Where any information required of Consultant is in the exclusive possession of another who fails
or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as
appropriate,and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non-
discrimination provisions of this Agreement,the City will impose such contract sanctions as it or
the WSDOT may determine to be appropriate,including,but not limited to:
1. Withholding payments to Consultant under the Agreement until Consultant complies;
and/or
2. Cancelling,terminating,or suspending the Agreement,in whole or in part.
F. Incorporation of Provisions. Consultant shall include the provisions of paragraphs of these
Contract Clauses in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto.
Consultant shall take action with respect to any subcontract or procurement as the City or the
Agreement for Services(without professional liability coverage) Page 6 of 8
Contract No.23-048
WSDOT may direct as a means of enforcing such provisions, including sanctions for
noncompliance. Provided,that if Consultant becomes involved in,or is threatened with litigation
by a subcontractor or supplier because of such direction,Consultant may request that the City enter
into any litigation to protect the interests of the City. In addition,Consultant may request the United
States to enter into the litigation to protect the interests of the United States.
G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the
Consultant agrees to comply with the following non-discrimination statutes and authorities;
including but not limited to:
Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.,78 stat.252),(prohibits
discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part
26;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973,(23 U.S.C. §324 et seq.),(prohibits discrimination on
the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended,
(prohibits discrimination on the basis of disability);and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as
amended,(prohibits discrimination based on race,creed,color,national origin,or sex);
The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage
and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of
the terms"programs or activities"to include all of the programs or activities of the Federal-
aid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on
the basis of disability in the operation of public entities,public and private transportation
systems,places of public accommodation,and certain testing entities(42 U.S.C.§§12131-
12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37
and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123)
(prohibits discrimination on the basis of race,color,national origin,and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and. Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
Agreement for Services(without professional liability coverage) Page 7 of R
Contract No.23-048
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English proficiency(LEP).To ensure compliance with
Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access
to your programs(70 Fed.Reg.at 74087 to 74100);and
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities(20 U.S.C.§1681 et seq.).
22. Business Registration. Prior to commencement of work under this Agreement, Consultant shall
register with the City as a business if it has not already done so.
23.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid
for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other
section,sentence,clause,or phrase of this Agreement.
24.Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Scope of Services
B.Fee proposal
C.Insurance Certificates
The Parties have executed this Agreement this Ze' lay of ,20?3.
CITY OF SPOKANE VALLEY Consultant:
J n Hohman,City Manager By:
Its: Authorized Representative
APPROVED AS TO FORM:
i
O 'ce of the ity Attorney
Agreement for Services(without professional liability coverage) Page 8 of 8
CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
SPOKANE VALLEY AND AMPLIFI ADVERTISING
Spokane Valley Contract#23-048.01
For good and valuable consideration,the legal sufficiency of which is hereby acknowledged,City and the
AmpliFi Advertising mutually agree as follows:
1.Purpose:This Amendment is for the Contract for event marketing,video production and other marketing
services by and between the Parties,executed by the Parties on February 28,2023,and which terminates
on December 31,2023. Said contract is referred to as the"Original Contract"and its terms are hereby
incorporated by reference.
2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the
Original Contract and any amendments thereto which are not specifically modified by this Amendment.
3. Amendment Provisions:This Amendment is subject to the following amended provisions, which are
either as follows, or attached hereto as Appendix "A"(see attached). All such amended provisions are
hereby incorporated by reference herein and shall control over any conflicting provisions of the Original
Contract,including any previous amendments thereto.
4. Compensation Amendment History: This is Amendment #1 of the Original Contract. The history of
amendments to the compensation on the Original Contract and all amendments is as follows:
Date Compensation
Original Contract Amount Feb.28,2023 $125,000.00
Amendment#1 April 17.2023 $ 33.300,00
Total Amended Compensation $158,300.00
The parties have executed this Amendment to the Original Contract this 2 CA day of April,2023.
CITY O KANE VALLEY: AMPLIFY ADVERTISING:
John ohman 0 By:Name
City Manager Its:Title /cCCt ON‹SO P02-qtSbR.
APPROVED AS TO FORM:
e of the Attorney
1
APPENDIX"A"
1. Paragraph 3 (Compensation) of the Original Contract is hereby amended to change the total
compensation paid from$125,000,to$158,300. Paragraph 3 of the Original Contract is amended to read
as follows:
The City agrees to pay a flat fee up to$158,300 as full compensation(which includes Washington State
Sales Tax if any is applicable) for everything done under this Agreement, as set forth in Exhibit A.
Consultant shall not perform any extra,further,or additional services for which it will request additional
compensation from City without a prior written agreement for such services and payment,therefore.
2.The Scope of Work,(Exhibit A of the Original Contract),is hereby amended to include the following
additional tasks and/or services:
Consultant/Contractor shall perform these additional tasks:
Revised Exhibit A
TASK PROPOSED BUDGET PROPOSED
TIMELINE
Graphic design services for event advertising $5,500 April through
(includes inserted ads into The Current,Inlander, September
Spokesman Review and other channels. 2023
Media placement of advertising to the Inlander $4,500
Media placement of digital and print advertising to $4,500
Spokesman Review(website and print news)
Media placement of digital and print advertising to $3,050
Out There Outdoors Magazine(website and print)
Media placement of digital and print advertising to $1,100
The Fig Tree newsletter and website
Graphic design and printing of signage,including $4,200
parade and Mirabeau Park wayflnding slgnage,
activity and vendor maps,etc.
On-site signage(posts,beams,concrete) $1,450
Additional video fees for State of the City videos $9,000 April through
(modify original scope to produce four videos that July 2023
are 60 to 90 seconds(1.5 minutes)rather two
videos that are 120 to 150 seconds(2 to 2.5
minutes)in length.
TOTAL $33,300
2