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Home My WebLink AboutCOW 2009-04-27 COMPLETE AGENDA PACKETa w s J im Haggerton, M ayor Councilmembers: Joe Duffie Pamela Linder Rhonda Berry, City Administrator Dennis Robertson Verna Griffin ,s Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn Monday, April 27, 2009, 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE to be led by Grace Point Community Church. 2. SPECIAL a. A proclamation designating May 2009 as Arts Education Month in the Pg.1 PRESENTATIONS City of Tukwila. b. South King County Homelessness Plan; Jason Johnson, South King County Homelessness Coordinator. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL a. Interlocal Agreement with the City of Kent supporting a Homelessness Pg.3 ISSUES Coordinator. b. Update on Solid Waste Utility Tax. Pg.11 c. Contract with EXCLAIM, LLC for 2009 Southside Visitor Services Creative Pg.25 Brand Refinement and Media Plan Recommendation. 5. REPORTS 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT a. Mayor b. City Council Tukwila City Council Agenda COMMITTEE OF THE WHOLE c. Staff d. City Attorney e. Intergovernmental Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. Office of the Mayor City of Tukwila, Washington PROCLAMATI0N WHEREAS, the month of May has been recognized as Arts Education Month by many communities and school districts across the State of Washington; and WHEREAS, the arts embody much of the accumulated wisdom, intellect, and imagination of humankind; and WHEREAS, learning in the arts enhances and enriches the lives students; and WHEREAS, the arts play a unique role in the lives of our families, and our communities; and WHEREAS, all children deserve a quality arts education; and WHEREAS, arts education teaches creative problem- solving, provides cultural knowledge and offers multiple pathways to understanding for different types of learners; and WHEREAS, arts education increases connections and engagement between teachers, students, and the community that surrounds them; and NOW, THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim May 2009: in the City of Tukwila, and call upon our community to celebrate and promote the arts in our schools and to take action to provide equitable access to arts learning for all students. CAS NUMBER 09-053 AGI(ND.\ ITI?I\i Ti ii i, South King County Homelessness Coordinator C 1'I?G SI>( )NS()R SI'( )NS()R'S SUMMARY RI \•II' KD BY Discussion Motion (J Resolution Mtg Date 04/27/09 tlltg Date 05/04/09 Alts Date MTG. DATE 04/27/09 Council Mayor 1 Adm Svcs n DCD U Finance U Fire n Legal P &R n Police 1 I PIV The City of Tukwila was asked to financially participate in the funding of the South King County Homelessness Coordinator. The person in the position coordinates subregional efforts to address homelessness in South King County. Council is being asked to support the interlocal agreement between the City of Kent and the City of Tukwila. COW Mtg. Utilities Cmte COUNCIL AGENDA SYNOPSIS Initiars iVleetino Date Prepared by Maya s. reviein Corny /sevieiv 04/27/09 EB /tom 05/04/09 EB 1 ITEM INFORMATION ORIGINAL AGENDA DAM: APRIL 27, 2009 CA &P Cmte Arts Comm. Mtg Date Ordinance I Bid Award n Public Hearing I I Other Rftg Date n F &S Cmte n Parks Comm. DATE: 4/13/09 RECOMMENDATIONS: SP()NS()R /ADMIN. Mayor's Office COMMIYfl E Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE E�PI .NDI1'URI? RI AMOUNT BUDGETED APPROPRIATION REQUIRED $5,000 $5,000 Fund Source: HUMAN SERVICES GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION ilitg Date ITEM No. ATTACHMENTS Informational Memorandum dated 04/01/09 Draft Interlocal Agreement Minutes from the Community Affairs and Parks Committee meeting of 04/13/09 Alts Date Transportation Cmte Planning Comm. TO: FROM: Evelyn Boykan, Human Services Manager DATE: April 1, 2009 SUBJECT: South King County Homelessness Coordinator ISSUE South King County jurisdictions were asked to financially participate in the funding of a South King County Homelessness Coordinator. Coordinated subregional efforts help share the financial burden of activities that benefit multiple jurisdictions. BACKGROUND In 2008, United Way of King County provided the first year of funding for the South King County Homelessness Coordinator to benefit the subregional planning efforts to address and end homelessness in South King County. This is consistent with the South King County Plan to End Homelessness, of which Tukwila was a partner in crafting in 2007 and 2008. United Way contracts with the City of Kent for the position and has sought funding to supplement the cost of the Coordinator position. DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community and Parks During 2008 and continuing into 2009, Tukwila has participated in a variety of efforts targeting increased awareness of and problem solving for addressing homelessness. The South King County Coordinator has been helpful in setting strategy, coordinating efforts and implementing education and awareness. Tukwila staff agreed there was value to supporting the position in advancing work on homelessness prevention and intervention in South King County. Tukwila's contribution will be $5,000 for the life of the agreement. The Human Services Manager and Homelessness Coordinator will be available to answer questions. RECOMMENDATION Jim Haggerton, Mayor Council is being asked to consider this item at the April 27, 2009 Committee of the Whole meeting and subsequent May 4, 2009 Regular meeting. The Homelessness Coordinator, Jason Johnson, is scheduled to provide a presentation on the South King County plan at the April 27 Committee of the Whole. ATTACHMENTS Draft Interlocal agreement INTERLOCAL AGREEMENT for TUKWILA'S SUPPORT OF THE SOUTH KING COUNTY HOMELESSNESS COORDINATOR BETWEEN THE CITY OF TUKWILA AND THE CITY OF KENT This Interlocal Agreement "Agreement is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between the City of Tukwila, a municipal corporation, hereinafter called "Tukwila" and the City of Kent, a municipal corporation, hereinafter called "Kent RECITALS WHEREAS, Tukwila recognizes homelessness as a local, regional and national issue, and WHEREAS, Tukwila wishes to participate with other local governments in the identification of gaps and solutions in preventing and addressing homelessness; NOW THEREFORE, in consideration of the promises and commitments made herein, Tukwila and Kent agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to specify terms and conditions under which Tukwila will reimburse Kent for a portion of Kent's costs in managing a South King County Homelessness Coordinator. 2. Scope of Services. Services rendered in this agreement are identified in Attachment A. 3. Compensation. As its proportionate share of the time of the Coordinator, $5,000 for the services provided for by this Agreement. 4. Term. The term of this Agreement shall be from January 1, 2009 through June 30, 2009. 5. Records. Tukwila shall receive a copy of the final report, completed by June 30, 2009 outlining the achievements related to the results identified in the Scope of Services. 6. Termination. Tukwila or Kent may terminate this Agreement in writing with 120 days written notice. The terminating party shall be liable for its share of financial obligations entered into on its behalf prior to termination including but not limited to printing costs and media buys. 7. Amendment. This Agreement may be amended or modified in writing at any time with the mutual consent of both parties. 8. Hold Harmless. Tukwila and Kent agree that each party shall defend, indemnify, and hold harmless the other party and its officers, officials, agents employees, and volunteers from any and all claims, injuries, actions, damages, losses or suites including reasonable attorney's fees, which arise out of or are connected with any errors, omissions or negligent acts in the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA CITY OF KENT Jim Haggerton, Mayor Suzette Cooke, Mayor Dated: Dated: Attest: Attest: Christy O'Flaherty, City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney ATTACHMENT A SCOPE OF SERVICES 1. The South King County Homelessness Coordinator shall coordinate "teams" with focus on homelessness outreach and service delivery. The Coordinator shall identify gaps and solutions with current outreach and service delivery providers. The Coordinator shall assist with development of relationships with non profit housing and service providers as needed. 3. The Coordinator shall identify and promote legislative opportunities to assist the efforts of local governments to prevent and address homelessness. 4. The Coordinator shall coordinate workgroups to address gaps in shelter and transitional housing, day use facility and hygiene center(s). 5. The Coordinator shall establish a workgroup to develop steps to maintain current housing stock, to expand resources to prevent homelessness and create additional supportive housing 6. The Coordinator shall increase local involvement in developing community solutions to prevent homelessness. COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes April 13, 2009 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Verna Griffin, Chair; Joe Duffle and Kathy Hougady Staff: Evie Boykan, Bruce Fletcher, Rhonda Berry and Kimberly Matej City of Tukwila Community Affairs and Parks Committee CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:05 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Agreement with City of Kent in sunnort of a Homelessness Coordinator Staff is seeking full Council approval of an interlocal agreement with the City of Kent for a portion of the costs of services provided by a South King County Homelessness Coordinator. This coordinator position was identified as a strategy in the South King County Response to Homelessness: A Call for Action, and during 2008 the position was funded exclusively by United Way and the City of Kent. A request for financial support for this position has been made to jurisdictions that benefit from the South King County Homelessness Coordinator. Staff believes this position is valuable asset in addressing homelessness prevention and intervention. This interlocal agreement will be funded out of the Human Services budget (contingency funding) and is for a six month period. Future funding is currently unknown. The current South King County Homelessness Coordinator, Jason Johnson, will be making a presentation at the April 27 COW. UNANIMOUS APPROVAL. FORWARD TO APRIL 27 COW FOR DISCUSSION. B. Tukwila Swimming Pool Lease Agreement Staff provided the Committee with an update on the current status of the Tukwila City Pool land lease with the Tukwila School District. The lease for the Tukwila City Pool expires on September 15, 2011, and staff intends to enter into discussions with the School District regarding the possibility of renewing the land lease for the pool facility. Bruce Fletcher is in receipt of a letter from the District dated January 12, 2009, which outlines some of lease terms the School District desires to re- negotiate. Based on Committee discussion, Bruce reported that the swimming pool operates on an approximate 50% City subsidy. Staff will return to Committee for further discussion once a suitable lease agreement has been negotiated with the School District. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:45 p.m. Next meeting: Monday, April 27, 2009— 5:00 p.m. Conference Room #3 Committee Chair Approval Mi utes y KAM. Reviewed BF. 1 CAS NUMBER: 09-054 AGENDA ITEM TITLE Solid Waste Utility Tax SPONSOR'S SUMMARY Fund Source: Comments: EXPENDPTURE REQUIRED MTG. DATE 04/27/09 MTG. DATE 04/27/09 09 -D5 Lf Mtg Date 04/27/09 Mtg Date COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayors review 04/27/09 FI ITEM INFORMATION Cortrtcil,� v, ORIGINAL AGENDA DA'Z'E: APRIL 27, 2009 AMOUNT BUDGETED RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 04/20/09 (revised after UC) 2008 AWC Utility Tax Survey Solid Waste Utility Tax Options Solid Waste Rates Minutes from the Utilities Committee Meeting of 04/14/09 ITEM NO. CATEGORY Discussion Motion Resolution Ordinance Bid Award 1 1 Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PWI Under Washington State law, cities are authorized to levy a utility tax on solid waste services. Of the South King County cities that charge solid waste utility taxes, the average tax charged is approximately 6 The total utility tax revenue that the City would receive depends on (1) the utility tax selected; (2) the type of account that would be affected with the tax; (3) whether the tax would be applied to both the disposal and service fees. The implemention of a solid waste utility tax would require Council approval and an ordinance. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 4/14/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works CoMMII ILE Unanimous Approval; Forward to C.O.W for discussion COST IMPACT FUND SOURCE AP PROPRIATION REQUIRED TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: April 20, 2009 SUBJECT: Solid Waste Utility Tax ISSUE Estimated revenues that would be generated from a utility tax on solid waste services. BACKGROUND During the March 10, 2009 Utilities Committee Meeting, the Committee requested a report providing revenue projections assuming a 4 6% and 8% utility tax on solid waste services. DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Under Washington State law, cities are authorized to levy a utility tax on solid waste services. Currently, there is no limitation placed on solid waste utility tax rates. In a 2008 survey conducted by the Association of Washington Cities (Attachment 1), over 140 cities reported imposing utility taxes on solid waste services. Some cities reported rates as high as 20 -40 Of the South King County cities that charge solid waste utility taxes, the average is approximately 6 The total utility tax revenue that the City would receive depends on the following key factors: Jim Haggerton, Mayor 1. Utility tax rate selected. Based on the Utilities Committee's guidance, a 4 6% and 8% utility tax rate on gross revenues is assumed. 2. Type of account (commercial or residential) that would be affected with the tax. 3. A determination must be made on whether the tax would be applied to both the disposal and service fees. Attachment 2, Solid Waste Utility Tax Options, provides four options for the Committee's consideration. Based on the assumptions and factors discussed above, the City could potentially collect approximately $12,298.71 to $46,176.87 per month in solid waste utility taxes. Attachment 3, Solid Waste Rates, illustrates the effect of Option 1 on selected residential and commercial service levels. The implementation of a solid waste utility tax would require Council approval and an ordinance. No change to the current contract with Allied Waste is required. RECOMMENDATION Present to the Committee of the Whole for information and discussion. Attachments: 2008 AWC Utility Rate Survey Utility Tax Options Solid Waste Rates P\PROJECTS\SOLID WASTE\Infomation Memo -Solid Waste Utility Tax 2 -sb gl doc Utility Tax Rates (2008 AWC Tax and User Fee Survey) Attachment 1 Aberdeen Airway Heights Albion Algona Almira Anacortes Arlington Asotin Auburn Bainbridge Island Battle Ground Beaux Arts Village Bellevue Bellingham Benton City Bingen Black Diamond Blaine Bonney Lake Bothell Bremerton Brewster Bridgeport Brier Buckley Bucoda Burien Burlington Camas Carbonado Carnation Cashmere Castle Rock Cathlamet Centralia Chehalis Chelan Cheney Chewelah Clarkston Cle Elum Clyde Hill Colfax College Place Colton Colville Conconully Concrete Connell Natural Gas` 6% 6% 6% 6% 6% 6% 5% N/A 6% No 5% 6% 6% 6% 6% 6% 6% 6% N/A 6% 6% 6% 6% 6% No 6% 6% 3% 6% No 6% 6% No No 6% N/A 5% Electricity: 6% 6% 6% 6% 5% 6% 5% 6% 6% No 5% 6% 6% 6% 6% 6% 6% 6% 6% No No 6% 5% 5% N/A 3% 6% 6% 6% 6% N/A 6% 14.75% 14.75% 6% 6% 6% 6% 6% 6% Telephone 6% 6% 6% 6% 7% 6% 6% 6% 6% 5% No 6% 6% 6% No No No 6% 4.80% 6% 6% 6% 6% 6% 1% 6% 1% 6% 6.50% 6% 5% 6% 6% 6% No 6% No 6% 5% 6% No 6% 6% 3% (cell phone 6 No No 6% 6% 5% No 3% 3% 6% 3% 6% 6% 6% 1% 6% No 6% 6% 6% No 6% 6% 4% (cell phone Page 1 of 6 :Cable No No 6% Garbage 10 7 5% No No :6% ..l 6% 8.50% 6°!0 8% 5% I 5% 9.50% 8% '8.60% 1 5% No 9.00% 9% 6.00 j 6% `.6.00. 1 No 6:00 '.7 6.00% 6% 6 4% _4:00% 6% 6% 6% :._6.00% No 1 No No :No No No No No 6% 1 6% 6% 1.: 6.00 6% 6% 6% 5% 5% Yes 1 5:00% Water 2% 10% 6% 7% 5% 6% 6% 6% 16% No 5% No 6% No No 5% 6% 5% Sewer 2% 15% 6% 7% 5% 6% 6% 6% 16% No 5% No 6% 8.50% 8% 5% 8% 5% No 9% No No 6% 6% 5% 5% 3% 3% 1% 1% 6% 6% 9.20% 9.50% 11% 11% 6% 6% No 14% 6% 6% No 6% No No 5% 6% 5% Stormwater 2% No 6% 7% No N/A 6% 6% 16% No 5% No N/A 8.50% 8% No 8% 9% No No No No No No No No No No No 5% No 1% No N/A No No N/A N/A No 6% 1 No 1 No 1 No No N/A Utility Tax Rates (2008 AWC Tax and User Fee Survey) Attachment 1 City Cosmopolis Coulee City Coulee Dam Coupeville Covington Creston Cusick Darrington Davenport Dayton Deer Park Des Moines DuPont Duvall East Wenatchee Eatonville Edgewood Edmonds Electric City Ellensburg Elma Elmer City Endicott Entiat Enumclaw Ephrata Everett Everson Fairfield Farmington Federal Way Ferndale Fife Fircrest Forks Friday Harbor Garfield George Gig Harbor Gold Bar Goldendale Grand Coulee Grandview Granger Granite Falls Hamilton Harrah Harrington Hartline Hatton Hoquiam Hunts Point Ilwaco Natural Gas No N/A N/A 5.50% No N/A No N/A 6% N/A 6% 6% No No No 6% 6% No No N/A 4% N/A 4.50% No N/A 7.75% 6% 4.50% 6% No N/A 6% 5% 6% 6% N/A 6% N/A No N/A No N/A 6% N/A Electricity_ Telephone Cable 'Garbage Water Sewer Stormwater No No No 6% 6% No 6% No No No No No No 6% No No No N/A 6% 6% 6% 6.00% 6% 6% N/A 5.50% 5.50% 5.50% 5.50% No No No No No No No:_ 10% 10% 5% 6% 6% 8:00% 8% N/A N/A No No No 18:00% 18% 18% No 4% 7% 4% No No No 6% 6% 5% 12.00% 12% 12% No 6% 6% 6% 6.00% N/A N/A No 6% 6% No 6.00°/0.- 6% 6% 6% 6% 6% 6% 6:00°!0: 6% 6% No No No No No.' No No No 5% No No .5.00 5% 5% 5% No No No :.No No No No 6% 6% 1% 6.00% 6% 6% 6% 6% 6% 5% 77:60%. 10% 10% No No No No 1 :2•No.: No No No No No No No No No No 6% 6% 6% 6% 6% N/A 6% 6% No 8.00 8% 8% N/A 6% 6% 8% 8,00 15% 15% N/A 4.50% 4.50% No 6% 6% 6% No No No 6% 6% No 6% No No No No No 7.75% 7.75% 7.75% 7.75% 7.75% 7.75% 7.75% 1 6% 6% No 6% 6% 6% 1 3% 4.50% 4.50% 4.50 4.50% 4.50% 4.50% 6% 6% 6% 8:50 6% 6% 6% Page 2 of 6 No No No No No No No 4% 4% No 6:00% 6% 6% No 6% 6% 6% ..6.00 i:' 6% 6% N/A 5% 5% No 5% 5% 5% 6% 6% 6% .=6:00% 6% N/A N/A 6% 6% No 6.00% 6% 1 6% No 6% 6% 6% 6:00% 6% 6% N/A 6% 6% 6% 40:00 24.20% 6% No N/A N/A N/A N/A N/A N/A 6% 6% 6% No N/A N/A 6% 6% N/A 12% 12% N/A No No No 1, ...No No No No 6% 6% N/A 6% N/A N/A 6% 6% 8% 8.00% 8% 8% 8% 1 6% 6% 6% 1 6.00% No No No Utility Tax Rates (2008 AWC Tax and User Fee Survey) Attachment 1 City Natural Gas Electricity- Telephone Cable 1 Garbage Water Sewer 1 Stormwater N/A No No N/A 1 No 1 N/A 1 No Index lone Issaquah Kahlotus Kalama Kelso Kenmore Kennewick Kent Kettle Falls 'Kirkland Kittitas Krupp La Center La Conner Lacey LaCrosse Lake Forest Park Lake Stevens Lakewood Lamont Langley 1 Latah Leavenworth Liberty Lake Lind Long Beach 1 Longview Lyman Lynden Lynnwood Mabton Malden Mansfield Maple Valley 1 Marcus Marysville Mattawa McCleary Medical Lake Medina Mercer Island Mesa Metaline Metaline Falls Mill Creek Millwood Milton Monroe Montesano Morton Moses Lake Mossyrock 6% 6% 6% 6% 8.50% 6% 6% 6% No 6% 6% 6% 6% 5% 5% No N/A N/A No N/A 6% N/A 6% No No 2.25% N/A 5% 6% 6% 6% No No No No 2% 6% 6% 6% N/A 6% 6% 6% 4% 8.50% 6% 6% 6% No 6% 6% 6% No 5% 5% No 6% 6% 6% 6% 6% 6% 6% No 6% 2.25% 6% 5% 6% 6% 6% No No No No 6% 6% 6% 6% 6% 6% 6% 6% 4% 8.50% 6% 6% 6% No 6% 6% 6% 6% 6% 6% No 6% 6% 6% 6% 6% 6% 6% 3% 6% 2.25% 6% 5% 6% 6% 6% No No No No No 6% 6% 6% 6% 1% No 1% No 7% No 6% No No 6% No N/A 6% N/A 6% No 6% No 6% 6% 6% No 6% No N/A No N/A No 6% No 6% No No No No No No 6% 3% 6% Page 3 of 6 6.00% 8.00 7.00 7.80 %I• 7:50% 6:00 No" 6 :00% •6.00 !0 No..."- 6:00% .6.00%t-.. :7:00% 17:00% No No I No 1 No 6% 8% No 7% 6% 7.50% No No No 6% N/A No No No No 6% 6% 6% 6% 7% 6% 6% No No No 10% 6% No No No No No No 10% 6% 8% No 7% 6% 7.50% No No No 6% N/A No No No No 6% N/A 6% 6% 7% N/A 6% No N/A No N/A 6% 6% 6% 17% 17% No No No No No No No No No No 8:00% 8% 8% 6.00% No No N/A No No No 6% 7.50% N/A No No 6% N/A No 0 No No 6% N/A N/A 6% 7% N/A 6% No N/A No N/A 6% 6% No No No No No No No No N/A No 1 Utility Tax Rates (2008 AWC Tax and User Fee Survey) Attachment 1 City Mount Vernon Mountlake Terrace Moxee Mukilteo Naches Napavine Nespelem Newcastle Newport Nooksack Normandy Park North Bend North Bonneville Northport Oak Harbor Oakesdale Oakville Ocean Shores Odessa Okanogan Olympia Omak Oroville Orting Othello Pacific Palouse Pasco Pateros Pe Ell Pomeroy Port Angeles Port Orchard Port Townsend Poulsbo Prescott Prosser Pullman Puyallup Quincy Rainier Raymond Reardan Redmond Renton Republic Richland Ridgefield Ritzville Riverside Rock Island Rockford Rosalia Naturai Electricity 6% 6% 6% 6% 6% 6% 6% 6% N/A 6% N/A 5% No No No No N/A 6% 6% 6% 6% 6% 6% 6% 5% 5% N/A 6% 6% 6% N/A 6% No 6% N/A 6% 6% 6% N/A 6% 9% 9% N/A 6% 6% 6% 6% 6% No No 6% 6% 8.50% 8.50% N/A 6% No No No 6% N/A 6% 2% 6% N/A 6% 6% 6% No No 6% 6% 8% 8% 6% 6% 4% 4% 6% 6% 6% 6% No No 6% 6% 6% 6% N/A 6% 8.50% 8.50% 6% 6% 6% 6% No No No No 4% 4% Telephone Cable 6% 1 7% 6% 1 5% 6% 6% 6% 6% 6% 6% 5% 5% No No No No 6% No 6% 6% 6% 6% 6% No 5% No 6% No 6% No 6% 6% 4.15% 6% 6% No No 6% 6% 9% No 6% 6% 6% 6% 8.50% 6% No 6% 6% 6% 6% 6% No 6% 8% 6% 6% 6% 6% No 6% 6% 6% 8.50% 6% 6% No No No 7% 8.50% 6% No 6% No 4% No No N/A 6% No 3.80% No 6% 6% No No 6% No 7.50% No No No No No Page 4 of 6 2.50% No 5% 6% Garbage 7.00 10.00% .6.00% "6:00% No 6 6 :00% 6.00 24.00% 1000% 6 :0.0.% ;;No 10:00°% 20:00 6.00% .6:00% 1 Water N/A 10% 6% No 6% 5% No No 6% No No 6% No 10% 6% 6% No 6% 24% 10% 7% 10% No No 6% No 8.50% 6% No 6% 8% 5% 20% 6% 5% 10% 8% 8% 4% 6% 6% No No 6% 6% 10.50% 6% 10% No No No Sewer 7% 10% 6% No 6% 5% No No 6% No No 6% No N/A 6% 6% No 6% No 10% 7% 10% No No 6% No 8.50% 6% No 6% 8% 5% 20% 6% N/A 10% 8% 8% 4% N/A No 6.60% No 6% 6% 10.50% 6% 10% No No No Stormwater No 10% N/A 6% N/A N/A No No No No No No No N/A 6% N/A No 6% No N/A 7% N/A No No Yes No 8.50% No No N/A 8% N/A 20% 6% N/A No N/A 8% N/A N/A No No No No N/A 8.50% No No No No No Utility Tax Rates (2008 AWC Tax and User Fee Survey) Natural_ Gas Electricity .I Telephone Cable N/A 5.24% 1 5% City Roslyn Roy Royal City Ruston Sammamish SeaTac Seattle Sedro Woolley Selah Sequim Shelton Shoreline Skykomish Snohomish Snoqualmie Soap Lake South Bend South Cle Elum South Prairie Spangle Spokane Spokane Valley Sprague Springdale St John Stanwood Starbuck Steilacoom Stevenson Sultan Sumas Sumner Sunnyside Tacoma Tekoa Tenino Tieton Toledo Tonasket Toppenish Tukwila Tumwater Twisp Union Gap Uniontown University Place Vader Vancouver Waitsburg Walla Walla Wapato Warden Washougal N/A No No No 6% 6% 6% 3% 6% 6% 6% 6% N/A N/A No 6% 6% No No N/A No 6% 6% 5.25% 6% 6% N/A No 5% N/A 8.50% 6% 6% N/A 6% 6% 6% N/A 6% N/A 6% 6% No No No 6% 6% 6% 3% 6% 6% 6% 6% 6% 6% 6% 6% 6% 6% No No 6% No 6% 6% 5.25% 6% 6% 6% No 5% 6% 8.50% 6% 6% 6% 6% 6% 6% 6% 6% 5% 6% 1 6% No No No 6% 6% 6% 3% 6% 6% 6% 6% 6% 6% 6% 6% 6% 6% No No 6% No 6% 6% 5.25% 6% 6% 6% No 5% 6% 8.50% 6% 6% 6% 6% 6% 6% 6% 6% 6% 6% Page5of6 N/A No No No 10% 6% 6% N/A 6% 6% N/A 6% 6% N/A 6% No No 6% No No 6% No 3% 5% No 6% 8% 6% No 5% No 6% 6% No 9% No No 6% N/A No No 7% Garbage l 6.00 =No. No- .:.No 1:1 :50% "2.00 6.00% z ..5:33 3.60% 10:00% 20:00% 6.00% 6.00% 6:00 00% 32:00% :6.50% ;'10.00.% Water 6% No No No No 15.54% No 6% 3% 5% No 5.33% 6% 10% 9% 6% 3% 20% No 5% 6% No 6% 6% 6% 6% 8% 4% 6% 5% 1% 32% No 6% 9% No No No 6.50% 16% No 10% Sewer 6% No No No No 12% 2% 6% 3% 5% No No 5.33% 6% 10% 9% 6% 8% 20% No 3.85% 6% No 6% 6% 6% 6% 8% N/A 6% 5% 1% 32% No 6% 9% No No No 6.50% 16% No 10% Attachment 1 Stormwater No N/A No No No 11.50% 2% No NIA 5% 6% No 5.33% 6% N/A 9% N/A No 20% No No N/A No 6% 6% No N/A 8% N/A N/A 5% N/A No No 6% N/A No No No No 16% No 10% .::City Washtucna Waterville Waverly Wenatchee West Richland Westport White Salmon Wilbur Wilkeson Wilson Creek Winlock Winthrop Woodinville Woodland Woodway Yacolt Yakima Yarrow Point Yelm Zillah Utility Tax Rates (2008 AWC Tax and User Fee Survey) I Natural Gas.. Electricity 1 Telephone Cable No No 1 No No N/A 6% 1 6% 3% No No No No 6% 6% 6% 5% 8.50% 8.50% 8.50% No N/A 6% 6% 3% No No No No N/A No 6% No 6% 6% 6% N/A 2% No 5% 5% 6% N/A 6% 6% 2% 2% 4% 5% 5% 5% 6% 6% 6% N/A 5.30% 5.30% 6% 6% 6% 5% 5% 4% 4% 6% 6% 5% 4% 6% Page6of6 5% 6% No No 6% 4% 6% No 4% 6% Garbage '7.00% 3:60% 15.00% Water 7% 6% No 15% 12.50% 7% No Other 6% 7.90% 5% 15% No No No N/A 14% No 4% 30% Sewer 7% 5% No 15% 12.50% 7% No Other 6% No 5% 15% No No No N/A 14% No 4% 30% Attachment 1 Stormwater No No 15% 1 No No No No 6% No 5% No No No No Yes I No I No 4% No City of Tukwila Attachment 2 Solid Waste Utility Tax Options Option #1: Increase Disposal Service fees on all accounts Account Type: 4.0% I 6.0% Residential $1,883.76 $2,825.65 Commercial 1 21,204.67 31,807.00 'Total Monthly Revenue: I $23,088.43 1 $34,632.65 8.0% $3,767.53 42,409.34 1 $46,176.87 Option #2: Increase only Service fees on all accounts (Account Type: 1 4.0% 6.0% 1 8.0% Residential 1 $1,092.58 $1,638.87 $2,185.17 'Commercial I 12,298.71 18,448.06 24,597.42 1 (Total Monthly Revenue: I $13,391.29 1 $20,086.93 1 $26,782.59 1 Option #3: Increase Disposal Service fees on Commercial account Account Type: 1 4.0% 6.0% 8.0% I Commercial 1 21,204.67 31,807.00 42,409.34 1 Total Monthly Revenue: 1 $21,204.67 I $31,807.00 I $42,409.34 Option #4: Increase only Service fees on Commercial account Account Type: Commercial Total Monthly Revenue: P:IPROJECTSISOLID WASTE1Utility Tax Options -4 -8-09 4.0% 6.0% 1 8.0% 12,298.71 18,844.06 1 24,597.42 1 $12,298.71 1 $18,844.06 1 $24,597.42 1 SOLID WASTE RATES Attachment 3 Solid Waster Utility Tax Option #1 (Monthly Disposal Service Charges) Residential: Description 10 -Gal Mini Can 20 -Gal Mini Can 32 -Gal Can /Toter 4 -Gal Gal Toter 90 -Gal Toter Commercial: Description 1 -Yard Container 2 -Yard Container 4 -Yard Container 6 -Yard Container 10 -Yard Container P:\PROJECTS \SOLID WASTE \Solid Waste Rates with Utiity Tax Applied- Optionl .doc Current Rates 4% 6% 8% 7.55 7.85 8.00 8.15 8.87 9.22 9.40 9.58 11.97 12.45 12.69 12.93 17.14 17.83 18.17 18.51 24.74 25.73 26.22 27.72 Current Rates 4% 6% 8% 12.36 12.85 13.10 13.35 21.68 22.55 22.98 23.41 41.11 42.75 43.58 44.40 57.37 59.66 60.81 61.96 106.07 110.31 112.43 114.56 UTILITIES COMMITTEE Meeting Minutes April 14, 2009 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson Staff: Jim Morrow and Frank Iriarte CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:OOp.m. I. PRESENTATIONS No Presentations. II. BUSINESS AGENDA Committee Chair Approval Minut by Fl. Rev iewed by KAM City of Tukwila Utilities Committee A. Solid Waste Utility Tax In response to the Utilities Committee's request, staff presented an information briefing to the Committee on revenue projections for a 4 6% and 8% utility tax on solid waste services. Staff provided a copy of a recent AWC survey that shows utility tax rates for over 140 Washington State cities including neighboring South King County cities. The Committee reviewed and discussed the utility tax options, potential revenues, and the rate impacts to customers. The discussion resulted in agreement from each Committee Member that this item needs to be presented to the full Council for discussion and information (no action). INFORMATION ONLY. SEND TO APRIL 27 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:35 p.m. Next meeting: Tuesday, April 28, 2009 5:00 p.m. Conference Room No. 1. CAS NUMBER 09-055 C l'I :LORI" SP( )NSOR SP( )NS( )R'S SU \1M. \Rl' Altg Date 04/27/09 tlitg Date 05/04/09 Mtg Date COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayors review 04/27/09 KK 05/04/09 KK Council rem ITEM INFORMATION ORIGINAL. AGENDA DA1'li: APRIL 27, 2009 AG I ?ND.\ TITI,I EXCLAIM, LLC Contract for 2009 Southside Visitor Services (SSVS) Creative Brand Refinement and 2009 -2013 Media Plan Recommendation Discussion Motion Resolution Ordinance n Bid Award Public Hearing I Other Nitg Date Alts Date Altg Date t14tg Date Council Mayor Adm Svcs DCD n .Finance I Fire n Le 1 P &R I Police U Pfr The Council is being asked to consider this item at the April 27, 2009 Committee of the Whole meeting and May 4, 2009 Regular Meeting and authorize the Mayor to sign a contract with EXCLAIM, LLC in the amount of $70,000 for creative brand refinement and media plan recommendations. RI I kW' I .D Rl" n COW Mtg. I I CA &P Cmte F &S Cmte Utilities Cmte n Arts Comm. n Parks Comm. DATE: 04/21/09 <cancelled> RECOMMENDATIONS: SPONSOR /ADMIN. Accept EXCLAIM LLC contract and authorize Mayor's signature. COMMIT Forward to Committee of the Whole, per Chair Linder COST IMPACT FUND SOURCE Exii ND ITURI? RI AMOUNT BUDGETED APPROPRIATION REQUIRED $70,000 $70,000 Fund Source: 101.00.557.301.44.12 Connents MTG. DATE 05/04/09 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 04/27/09 Informational Memorandum dated 4/8/09 Draft Contract with EXCLAIM LLC Draft Contract with GreenRubino (Information only) ITEM No. Transportation Cmte Planning Comm. TO: ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Jim Haggerton, Mayor FROM: Katherine Kertzman, Tourism and Marketing Manager DATE: April 8, 2009 SUBJECT: EXCLAIM, LLC Contract for 2009 Southside Visitor Services (SSVS) Creative Brand Refinement and 2009 -2013 Media Plan Recommendation Authorize the Mayor to sign a contract with EXCLAIM, LLC in the amount of $70,000 for Seattle Southside Visitor Services (SSVS) creative brand refinement and 2009 -2013 marketing plan recommendations. This contract will help define the best engagement strategies, creative executions and media opportunities for Seattle Southside. Seattle Southside's Request for Proposals (RFP) review and interview committee (composed of at least one Lodging Tax Advisory Committee member from each of SSVS's funding Cities) has chosen to recommend two agencies for contracted public relations and marketing services. Based on the strength of their proposals /presentations, people, planning process and price, the committee recommends GreenRubino for public relations services and EXCLAIM LLC for creative brand refinement and media plan recommendations. The City Council reviews and approves all contracts over $25,000; therefore the EXCLAIM contract is presented for approval. The GreenRubino contract is within the Mayor's signing authority and does not require Council approval. It is included as information because it nears the $25,000 threshold, and the contracts are related. GreenRubino brings synergy between SSVS, Washington State Tourism, City of SeaTac Economic Development and Sound Transit public relations efforts. EXCLAIM offers the creative connections with Seattle CVB, Washington State Hotel and Lodging Association, Washington State Destination Marketing Organizations, Puget Sound Attraction Council and Washington Film Commission. Both agencies will benefit Seattle Southside's coordinated and collaborative approach to tourism development. There is no additional budget request for this item. The cost for these services is budgeted within the Council approved 2009 -2010 Tourism Marketing Program budget. Deliverables will include Market Analysis, Creative Strategy and 2009 -2013 Media Plan Recommendations. This program budget consists of proceeds from a special excise tax on lodging charges and is used to promote tourism (Chapter 82/08 RCW). The City has joined with the cities of SeaTac, Kent and Des Moines to promote the area as "Seattle Southside". INFORMATIONAL MEMO Page 2 RECOMMENDATION The Council is being asked to consider this item at the April 27, 2009 Committee of the Whole meeting and May 4, 2009 Regular Meeting and authorize the Mayor to sign a contract with EXCLAIM, LLC in the amount of $70,000 for creative brand refinement and marketing plan recommendations plan. ATTACHMENTS Draft Contract with EXCLAIM LLC Draft Contract with GreenRubino (Information only) W:12009 InfoMemos\In FoMemoEXC LA I MFI NAL. doc DRAFT CONTRACT FOR SERVICES W:\2009 InfoMemos\EXCLAIM Creative Services 2009 SSVS_Atty Edi April 14t.doc 4/17/2009 Contract No. This Agreement is entered into by and between the City of Tukwila, Washington, a non charter optional municipal code city hereinafter referred to as "the City and Exclaim LLC, hereinafter referred to as the Contractor whose principal organization contact is located at 2125 Western Ave, Suite 302, Seattle, WA 98121. WHEREAS, the City is designated as the Administrator responsible for administering this contract for services with the cities of SeaTac, Kent and Des Moines to provide tourism and marketing services under the program name Seattle Southside Visitor Services "SSVS WHEREAS, the City has determined the need to have certain services perfomled for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the perfolniance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed Seventy Thousand and no /100 Dollars ($70,000) to be paid within thirty (30) days following each submittal. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing May 5, 2009, and ending December 31, 2009, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Contractor nor any employee of Contractor shall be entitled to any benefits accorded to City employees by virtue of the services provided Page 1 of 6 under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keeping and Reportinz. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. W/2009 InfoMemos\EXCLAIM Creative Services 2009 SSVS_Atty Edi April 14t.doc 4/17/2009 Page 2 of 6 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following addresses: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of, 20 CITY OF TUKWILA CONTRACTOR: By: Jim Haggerton By: Title: Mayor ATTEST/AUTHENTICATED: Title: Printed Name: Christy O'Flaherty, CMC, City Clerk Address: APPROVED AS TO FORM: Office of the City Attorney Date approved by City Council: By: (Applicable if contract amount is over $25,000) W:\2009 InfoMemos \EXCLAIM Creative Services 2009 SSVS_Atty Edi April 14t.doc 4/22/2009 Seattle Southside Visitor Services 14220 Interurban Ave South, #130 Seattle, WA 98168 Page 3 of 6 EXHIBIT "A" Seattle Southside Visitor Services Creative Brand Refinement and 2009 -2013 Media Plan Recommendation SCOPE OF SERVICES Market Analvsis/Research Process First step, establish brand refinement goals and method for measuring success through work sessions including key stakeholders of SSVS. With a process that builds on the strength of the existing SSVS brand, contractor will refine and define key attributes that differentiate SSVS from regional tourism development efforts, areas or marketers. Contractor will work closely with the four SSVS cities and two committees, conduct one -on -one interviews, read and research the region in relation to what makes it special and unique as a travel destination and about what people outside the area think of it. Contractor's previous work with the City of Tukwila gives it a unique starting point. As they uncover new details about SSVS, they will bring to the table their own findings from previous encounters. Together, this information will provide a well- rounded picture of SSVS. By means of assessment and assimilation, contractor will review and expand on existing key components of the business and the brand to create an updated Strategic Brand Document. Strategy The findings will be condensed into a Strategic Brand Document that allows committee members to quickly assess the challenges and opportunities that lie ahead. It will provide a road map for success and act as the foundation for all creative work generated on behalf of SSVS. This document will spell out how contractor will refine the SSVS brand and why. It will discuss the methods for communicating cost effectively with various target audiences, covering such topics as traditional media and new media, print and broadcast. It will explain how each of these media will be used to target specific individuals and how they all work together to create multiple touch points for the message. Your Strategic Brand Document and Implementation Plan includes: Analysis of History, Culture, Business and Community Defined Business Objectives SWOT Analysis Marketing Goals Target Audience Breakdown Media Analysis Cross Promotional Analysis Brand Positioning Statement Brand Character and Personality Statements A roll -out plan with timeline and budgets Includes defined goals W:\2009 InfoMemos\EXCLAIM Creative Services 2009 SSVS_Atty Edi April 14t.doc 4/17/2009 Page 4 of 6 Suggested Mediums /Media Plan Tracking Matrix Creative Strategy Creative Concept Development Contractor will bring renewed messages to life that will thrive in a crowded, competitive media market. Contractor will create sustainable solutions that will provide SSVS long -term benefits. Contractor will create a sound foundation from which SSVS can grow for years to come leveraging the success from the prior years to create new opportunities in the future. Contractor will present concepts along with rationale for the promotion of SSVS. These may include graphics, copy, television storyboards and /or radio scripts. Contractor will identify how each solution benefits SSVS tourism, who will be impacted, when and why. This step creates buy -off on all future creative campaign objectives by defining what the creative looks like and sounds like in a clear, rationalized foul'. Production Contractor will work within budget and timelines set by SSVS. Prior to contractor entering into any third party contracts on behalf of the City, contractor shall obtain authorization from the City's SSVS Program Manager or her designated agent. Ownership of Artwork The City retains all ownership rights to original artwork produced and selected on its behalf. The Contractor retains ownership of all creative concepts and artwork developed on behalf of the client but not selected by the City. The Contractor also retains the right to use artwork for purposes of self promotion in their portfolio or as a link to the site. City retains unlimited usage rights on all selected materials developed by Contractor. This does not include specific licensing agreements, such as photography, illustration or stock video. Media Plan Recommendation (2009 2013) Contractor will recommend a four year media plan that will help define the best strategies, creative executions and media opportunities, within established budget guidelines establish by SSVS. Contractor will recommend where the best ROI will be for media and creative application taking into account what has already been committed in media dollars and activities. Budget Market Analysis /Research/Strategy Creative Strategy (concept development) Media Plan (2009 2013) W:\2009 InfoMemos\EXCLAIM Creative Sery ices 2009 SSVS_Atty Edi April 14t.doc 4/17/2009 $30,000 $35,000 $5,000 Total $70,000 Page 5 of 6 EXHIBIT "B" Seattle Southside Visitor Services Creative Brand Refinement and 2009 -2013 Media Plan Recommendation COMPENSATION AND METHOD OF PAYMENT Compensation Method of Payment The City shall pay Contractor pursuant to the Creative Brand Refinement and 2009 -2013 Media Plan Recommendation as defined in Exhibit A. Any third party contracts entered into by the contractor pursuant to this contract without prior authorization from the City's SSVS Program Manager or her designated agent shall be paid by the contractor when due. The City shall reimburse contractor pursuant to the terms of this contract. Monthly billings for completed work will be invoiced at the end of each month, and are due within 30 days of invoice date. Cancellation In the event of change or cancellation of an assignment, ownership of all copyrights and the original artwork shall be retained by the Contractor, and a cancellation fee for work completed, based on the expenses already incurred prior to or as a result of cancellation or change, shall be paid by the City. Expenses City shall reimburse Contractor for any out -of- pocket expenses related to client's project(s) with City's prior approval. This contract does not include printing, additional stock photography, radio talent or production fees. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. W:\2009 InfoMemos\EXCLAIM Creative Services 2009 SSVS Atty Edi April 14t.doc 4/17/2009 Page 6 of 6 City of Tukwila FOR INFORMATION ONLY Jim Haggerton, Mayor The following contract (GreenRubino) does not require Council approval and is being provided as an informational compliment to the EXCLAIM, LLC contract. INFORMATION ONLY D CONTRACT FOR SERVICES Contract No. This Agreement is entered into by and between the City of Tukwila, Washington, a non charter optional municipal code city hereinafter referred to as "the City and GreenRubino, hereinafter referred to as "the Contractor whose principal organization contact is located at 1938 Fairview Ave. East, Suite 200, Seattle, WA 98102. WHEREAS, the City is designated as the Administrator responsible for administering this contract for services with the cities of SeaTac, Kent and Des Moines to provide tourism and marketing services under the program name Seattle Southside Visitor Services "SSVS WHEREAS, the City has determined the need to have certain services perfouued for its citizens but does not have the manpower or expertise to perfoiin such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perfolin those services described on Exhibit A attached hereto and incorporated herein by this reference. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the perfoiniance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed Twenty -five Thousand and no /100 Dollars ($25,000) to be paid within thirty (30) days following each submittal. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing May 5, 2009, and ending December 31, 2009, unless sooner teiiuinated under the provisions hereinafter specified. 5. Independent Contractor. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Contractor nor any employee of Contractor shall be entitled to any benefits accorded to City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or Page 1 of 5 INFORMATION ONLY otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perfoiuiance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the perfoiniance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Page 2 of 5 INFORMATION ONLY 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following addresses: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Seattle Southside Visitor Services 14220 Interurban Ave South, #130 Seattle, WA 98168 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Aunlicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any teiiii of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of 20 CITY OF TUKWILA CONTRACTOR: By: Jim Haggerton By: Title: Mayor Title: ATTEST/AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney Printed Name: Address: Date approved by City Council: By: (Applicable if contract amount is over $25,000) Page 3 of 5 Public Relations INFORMATION ONLY EXHIBIT "A" Seattle Southside Visitor Services Public Relations SCOPE OF SERVICES Contractors' public relations team will work with SSVS to develop a thoughtful and thorough media relations strategy for 2009 that will increase the visibility of the destination to targeted audiences. In doing so, we will integrate the brand platform and messaging matrix into all communications and set up quarterly initiatives in priority so there is a roadmap for the year. Contractor will leverage existing tourism industry relationships and develop new, mutually beneficial promotional partnerships that can implemented through media and other outreach tactics. Also, by providing ongoing general counsel on a wide range of issues, including member and community relations, contractor can maximize SSVS's exposure to timely events, new stories and synergies with contractor's other clients such as Sound Transit and Washington State Tourism. Page 4 of 5 INFORMATION ONLY EXHIBIT "B" Seattle Southside Visitor Services Public Relations COMPENSATION AND METHOD OF PAYMENT Compensation Method of Payment The City shall pay Contractor pursuant to Public Relations as defined in Exhibit A. Any third party contracts entered into by the contractor pursuant to this contract without prior authorization from the City's SSVS Program Manager or her designated agent shall be paid by the contractor when due. The City shall reimburse contractor pursuant to the teinis of this contract. Monthly billings for completed work will be invoiced at the end of each month, and are due within 30 days of invoice date. Cancellation In the event of change or cancellation of an assignment, ownership of all copyrights and the original artwork shall be retained by the Contractor, and a cancellation fee for work completed, based on the expenses already incurred prior to or as a result of cancellation or change, shall be paid by the City. Expenses City shall reimburse Contractor for any out -of- pocket expenses related to client's project(s) with City's prior approval. This contract does not include printing, additional stock photography, radio talent or production fees. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. Page 5 of 5 April 25th Memorial Day (City offices closed) June 29th Fifth Monday of the month—no Council meeting scheduled Tentative Agenda Schedule 6 May 4 6:30 PM EXECUTIVE SESSION Special Presentations: Community Pride Award Somalia Community Services Coalition Proclamation: Municipal Clerks' Week Unfinished Business: Authorize Mayor to sign interlocal agree- ment with City of Kent supporting South King County Homelessness Coordinator Authorize Mayor to sign contract with EXCLAIM, LLC for Seattle Southside Visitor Services creative brand refinement and 2009 -2013 media plan recommendation New Business: Resolution setting public hearing for street vacations for Tukwila South project 1 8 Public Hearing: Street vacations for Tukwila South project Unfinished Business: Ordinance authorizing the Mayor to enter into the Tukwila South development agreement Authorize the Mayor to sign the CERB contract Tukwila South land use ordinances 11 13 Special Presentation: Puget Sound Regional Council presentation on the 2040 plan 20 See agenda packet cover sheet for this week's agenda (April 27, 2009 Committee of the Whole Meeting) 18 26 (Tuesday) Public Hearine: Tukwila South development agreement 15 Special Presentation: Update on the Seattle Southside Business Attraction Program (Allison Clark, Economic Development Specialist, Highline Community College) 27 Public Hearine: Tukwila South land use ordinances Special Issues: Tukwila South land use ordinances 22 COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING 27th (Monday) Community Affairs Parks Cmte, 5: 00 PM (CR 43) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) 4th (Monday) Transportation Cmte, 5:00 PM (CR 41) Civil Service Commission, 5:00 PM (CR 43) Executive Session, 6:30 PM (Council Chambers) City Council Regular Mtg., 7:00 PM (Council Chambers) 28th (Tuesday) Utilities Cmte CANCELLED Chamber of Commerce Gov't. Community Affairs Cmte., 12:00 NooN (Chamber Office) Finance Safety Cmte, 5:00 PM (CR #3) TENTATIVE Arts Commission, 5:30 PM (Community Center) City Council Special Mtg. (Work Session on Tukwila South project) 5:30 to 8:00 PM (Council Chambers) coming Meetings .Events APRIL MAY 2009 29th (Wednesday) 30th (Thursday) 1st (Friday) 2nd (Saturday) Court 5th (Tuesday) -bth (Wednesday) 7th (Thursday) 8th. (Friday) 9th (Saturday). Sister City Cmte, 5:30 PM (CR #3) Equity Diversity Commission, 5:15 PM (CR 43) Court 9th Annual Backyard Wildlife Festival at Tukwila Community Center A fun, FREE event for all! 9 AM 3 PM: Vendors, workshops, crafts, presentations 12:00 NOON: Procession of the Species Costume Parade 1 PM 5 PM: Self- guided or shuttled certified backyard habitat garden tour Visit www.backvard wildlifefair.ore for times and information on other events including a guided birding walk, Chris Heeter, recycled art show, the Parrot Lady, and performance by indie rock band "Bird Show of North America" (or call 206 768 2822.) Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Damon at 206 -575 -1633. )City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206- 433 -1844. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. Agenda items for 4/27/09 meeting: (A) Minor Home Repair Program. (B) Comprehensive Plan amendments. (C) Contract amendment with Commercial Development Solutions. (D) 2009 1st quarter report Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Kimberly Matej at 206- 433 -1834. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. >Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 -7180. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342. Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670. Sister City Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Bev Willison at 206- 433 -1844. Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. )Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. 4/28/09 meeting has been cancelled. Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).