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4.5 EDSR 04-15-2024The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Economic Development Authority Item Number 4.5 Meeting Date April 15, 2024 Prepared By Brent O'Neil, Economic Development Director Item Description Updated Agreement with OrangeBall Creative Reviewed by: Cal Portner Action Requested Approve, by motion, an updated agreement with OrangeBall Creative for 2024 services. Background/Discussion OrangeBall Creative has been engaged by the EDA since 2022 to assist in marketing, communication and business support during the 169 Redefine project. The original contract with OrangeBall contemplated three years of services, concluding after the 2024 project season. Due to changes in scope focusing primarily on social media, staff and OrangeBall feel it's necessary to reflect the adjusted scope with a new agreement for 2024. Financial Impact This expense is up to $5,700 and is in the 2024 budget. Mission/Policy/Goal Support impacted businesses and capitalize on opportunities associated with the 169 Redefine project. Attachments 1. OrangeBall - 169 Redefine Year 3 Page 13 of 41 PROPOSAL DATE 3.14.2024 ORANGE I.D. ELK003 PROJECT Name City of Elk River 169 Redefine Marketing Project 2024 DETAILS• We will be working from the 169 Reasons campaign that began in 2022, leveraging the existing foundation that has been set.• We will also continue leveraging the existing #169Reasons #TogetherElkRiver #169Redefine hashtags.• The goal of this marketing project will be to promote the positive outcomes that will come from the construction, keep morale in the community high during the project, and address the “elephant in the room” reality that this will come with some challenges. • The audience for this campaign will primarily be local business customers and the Elk River community. They wield the most power to create a positive impact for local businesses. It will be much harder to capture the attention of commuters and travelers as we lack some of the social media connections to these individuals and they will likely be looking for alternative routes during the project. • Similar to 2022 & 2023, the project will be done in close collaboration with the Elk River City and Chamber of Commerce staff. This relationship will be especially key as we are developing social content that communicates project progress and timing, as well as helping connect OrangeBall with local businesses as needed. Pricing below is based on a combination of design/creative time as well as communication time. SOCIAL CAMPAIGNS March-Oct 2023 $5,100+/year • The social media campaign will include two posts/week on Tuesdays and Fridays, created by OrangeBall, starting in April and going through the end of May as the project is ramping up. The project will then transition to 1 post per week once construction season is in full swing, beginning in June and continuing through the end of October, with 4 additional posts where needed as traffic configurations change. In addition, the project includes a 1-hour calls each April & May, transitioning to 1/2 hour monthly calls in May and running through the end of October. - April: 9 posts (with 1 hours of calls) $1,050 - May: 9 posts (with 1 hours of calls) $1,050 - June: 4 posts (with .5 hour of calls) $600 - July: 4 posts (with .5 hour of calls) $600 - August: 4 posts (with .5 hour of calls) $600 - September: 4 posts (with .5 hour of calls) $600 - October: 4 posts (with .5 hour of calls) $600 - Flex Posts: 4 additional posts where needed for traffic change notifications $150 each - billed as used, if needed• Topics will be a combination of: Support Our Businesses, Construction Updates, Celebrating Progress, Getting Around Town• OrangeBall creates social posts/content, your team posts them to social accounts• TOTAL: 38-42 posts PAYMENTS Payments: Amount listed above will be billed at the end of each month upon completion of that month’s projects. 223 West Court NYA, MN 55368 orangeballcreative.com SUBMITTED BY John Gamades 952.994.0682 john@orangeballcreative.com CLIENT INFORMATION Name City of Elk River Contact Brent O’Neil Email BOneil@ElkRiverMN.gov Page 14 of 41 TERMS AND CONDITIONS RIGHTS The undersigned parties hereby agree that all work done is considered work for hire and all rights, copyrights, titles and interest in any design work performed by OrangeBall Inc on behalf of Client, belong solely and exclusively to the Client free from any claims whatsoever. RUSH Rush, holiday and weekend work necessitated by Client’s directive is billed in addition to the fees quoted at a mutually agreed upon fee, TBD. PURCHASING All purchases made on client’s behalf will be billed to client. In all cases, such prices will reflect a markup of 10%. Charges for sales tax, insurance, storage, and shipping and handling are additional to the price of each purchase. In the event client purchases materials, services, or any items other than those specified by the designer, the designer is not liable for the cost, quality, workmanship, condition, or appearance of such items. MODIFICATIONS Modification of the Agreement must be written, except that the invoice may include, and Client shall pay, fees or expenses that were authorized via email in order to progress promptly with the work. LIMITATION OF LIABILITY Client agrees that it shall not hold OrangeBall Inc liable for any incidental or consequential damages that arise from OrangeBall’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of OrangeBall or a third party. SCHEDULE OF PAYMENT All invoices are payable within 15 days of receipt. 3% convenience fee will be added to all Credit Card and PayPal payments. DEFAULT IN PAYMENT The client shall assume responsibility for all collection of legal fees necessitated by default in payment. TERM OF PROPOSAL The information contained in this proposal is valid for 30 days. Proposals approved and signed by the Client are binding upon the Designer and Client beginning on the date of Client’s signature. All information in this proposal is subject to the Terms and Conditions listed herein. If the information in this Proposal meets with Client’s approval, Client’s signature below authorizes OrangeBall Inc to begin work. Kindly return a signed copy of this Proposal/Agreement to your OrangeBall design associate. OrangeBall Authorized Signature/Date _________________________________________________________ Client’s Authorized Signature/Date _________________________________________________________________________ Client’s Name and Title ____________________________________________________________________________________ 3.14.2024 Page 15 of 41