HomeMy WebLinkAboutCOW 2009-11-23 Item 4D - Agreement - Seattle Southside Tourism Vacation Planner with Lunar Cow for $50,910 COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
cAS NUMBER: 09-165 I ORIGINAL AGENDA DATE: NOVEMBER 23, 2009
gGENDA ITEM TITLE A contract with Lunar Cow on behalf of Seattle Southside Visitor Services to
redesign and print the vacation planner.
2ATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11/23/09 Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
;PONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
iPONSOR'S The Council is being asked to authorize the Mayor to sign a contract with Lunar Cow on
iUMMARY behalf of Seattle Southside Visitor Services (SSVS) to re- design, print and create an online
version of the vacation planner in an amount not to exceed $50,910.
ZEVIEWED BY COW Mtg. CA &P Cmte F &S Cmte 111 Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1'L;: 11/17/09
tECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMII'1'LE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$50,910 $70,000
'und Source: LODGING TAX FUND 101.00.557.301.44.15 (NOT GENERAL FUND)
'omments: Unanimous Approval by the Lodging Tax Advisory Committee; Forward to Finance Safety
`REC OF COUNCIL ACTION
MT G =DATE
11/23/09
MTG. DATE ATTACHMENTS
11/23/09 Informational Memorandum dated 11/18/09
Proposal from Lunar Cow
Vacation planner proposal matrix
Minutes from the Finance and Safety Committee meeting of 11/17/09
12/7/09
41
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City of Tukwila
TO: Mayor Haggerton
FINANCE AND SAFETY COMMITTEE
FROM: Katherine Kertzman
TOURISM PROGRAM MANAGER
DATE: NOVEMBER 18, 2009
INFORMATIONAL MEMORANDUM
SUBJECT: SEATTLE SOUTHSIDE VACATION PLANNER REDESIGN
ISSUE
Jim Haggerton, Mayor
The Council is being asked to authorize the Mayor to sign a contract with Lunar Cow on behalf of Seattle
Southside Visitor Services to redesign and print the vacation planner.
DISCUSSION
The vacation planner is the official visitor guide for Seattle Southside. It continues to be one of Seattle
Southside Visitor Services' (SSVS) most successful ways to provide visitor information.
Success is evidenced by the number of vacation planner requests received through the
SeattleSouthside.com website, toll -free line, convention and groups, hotel concierge and walk -ins
generated and tracked through the Visitor Center. Additionally, the publication offers excellent visibility
for Seattle Southside Visitor Services within the local community and tourism industry.
The current vacation planner is a 2 year publication and the 2008/09 issue will be out of date at the end
of this year. The remaining quantity is less than 50,000 which should last another 4 or 5 months. In the
past the vacation planner has been refreshed with new data but the design has not changed.
Revising the vacation planner will support Seattle Southside's current project to enhance its brand and
will work in conjunction with a new advertising strategy directing users to the website. The revision will
include an online version which will reduce printing costs, create more user tracking methods, and allow
tourism business associates to have more of a presence.
Redesigning the Seattle Southside vacation planner was recommended by the Tukwila, SeaTac, Kent
and Des Moines Lodging Tax Advisory Committees.
Staff received proposals from three vendors: Exclaim, Heckler Associates, and Lunar Cow (see
attached matrix). Staff determined Heckler Associates' proposal did not meet the qualification criteria
because it did not include redesign of the publication. Exclaim's proposal cost was $46,332 and Lunar
Cow's cost was $48,484. Although Lunar Cow's proposal is $2,152 higher than Exclaim's proposal,
staff recommends selection of Lunar Cow for three reasons. First, Lunar Cow's approach will enable
SSVS to receive revenue from advertisements in the publication which will reduce the net cost. Second,
Lunar Cow has more experience in producing an online version of the vacation planner than Exclaim.
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INFORMATIONAL MEMO
Page 2
Third, staff appreciates the quality of other visitor guides produced by Lunar Cow. Staff recommends
adding 5% to Lunar Cow's proposal to cover expenses for a total of $50,910.
Budget impacts: There is no additional budget request for this item. The cost for this work is included
within the Council approved 2009 -2010; however, because the proposal amount is over $40,000, it
requires Council approval.
Since this is a tourism program item, the costs will be paid out of lodging taxes, not the City's general
fund.
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign a contract with Lunar Cow on behalf of Seattle
Southside Visitor Services to redesign and print the vacation planner in an amount not to exceed $50,910.
The Council is also asked to consider this item at the November 23, 2009 Committee of the Whole
meeting and subsequent December 7, 2009 Regular Meeting.
ATTACHMENTS
Lunar Cow Proposal
Vacation Planner Proposal Matrix
4 #12009 InfoMemosIMemo to Fin Safety Vacation Planner 2009 (Version4).doc
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Seattle Southside CVB October 19, 2009
2010 Visitors Guide
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The Seattle Southside CVB (SSCVB) has asked Lunar Cow to highlight the costs and benefits of
designing and printing its 2010 Visitors Guide, as well as converting its Visitors Guide into a page
turning, interactive guide (Lunar Cow GoGuide Lunar Cow has quoted on a 52pg cover option
under this proposal, but the page count may need to be adjusted once the ad sales campaign is
complete. The SSCVB will also be responsible for providing the files for the map that was used in the
previous Visitors Guide, or Lunar Cow will design fresh new maps that the SSCVB will have full
rights to. If this option is selected, Lunar Cow will create a separate agreement. The Campaign
Objectives are listed below:
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Consulting/planning session to lay the foundation to what has been done in the past, how that
can be taken further and what new goals are in place for the Visitors Guide. The session will
determine key contact people and the scope of content on this project. Design and Ad Sales project
calendars with detailed milestones will be defined shortly after the planning session. Special care
will be given in planning Ad Sales, due dates and payment due dates to assure ad sales, collections
and publication go smoothly.
Design and print the 2010 Visitors Guide. Design objectives will focus on creating high
impact and response. Through the 2010 Visitors Guide, we will motivate viewers to find out
more about the area and plan trips and events in and around the Seattle Southside area. The
publication will highlight the diversity and great number of entertainment options located in
the region. Lunar Cow will work with the SSCVB to identify these key factors of influence.
The goal of the SSCVB and Lunar Cow is to create more of a Lifestyle publication, utilizing
more photos, better maps, introducing new ideas and sections such as pre planned itineraries,
and creating a more engaging piece that better tells the story of the Seattle Southside region.
The new guide will feature Seattle Southside as the home base of the Pacific Northwest where
visitors can stay and experience the surrounding areas within a day's trip. The SSCVB will
provide all content and photos for the 2010 Visitors Guide. Additional goals include:
Increase Travel, Tourism and Commerce within the Seattle Southside
Increase awareness of the SSCVB visitor destination brand
Stimulate Seattle Southside destination travel spending
Create awareness of the GoGuide available to compliment the SSCVB Visitors Guide.
Bring innovation to the guide that offers more value for travelers and travel planners.
Maximize brand impact and immersion to excite travelers and potential travelers about
the region.
Produce a professional and easy -to -use visitors guide
Delivering the guide on time and within budget
Lunar Cow will secure photos from local photographers supplied by the SSCVB if needed.
Lunar Cow will provide copywriting services when needed. This service, if needed, will be
billed at an hourly rate.
Convert the Visitors Guide into an online GoGuide By designing your visitors guide and
converting it into an online GoGuide Lunar Cow will give your Visitors Guide additional
value, impact and functionality. Lunar Cow will design your visitors guide in a way that will
not only WOW! your target audience and provide ease of use, but will further expand its
message online.
Convert printed Visitors Guide to GoGuide
Optimize images, copy and guide content
Create links to external URLs
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Value
Visitors Guide will enjoy new innovation and a fresh design that will better attract prospective
visitors and assist current travelers to maximize their visit.
o Improved branding
o Better positioning against competition
o Drives recipients to the online GoGuide for additional information and trip
planning functionality
Online GoGuide' expands the message of the Visitors Guide and adds valuable functionality.
o Brings Visitors Guide to the Web in a powerful format optimized for interactivity
o Downloads on- demand for efficient bandwidth usage
o Convenient one -click jump to desired page
o Easy -to -use interface, getting started/welcome page, table of contents, help resources
and tool bar allows viewers to instantly begin using the guide
o Page flip animations simulates magazine experience
o The content of the guide is searchable which offers quick access to specific content
o Zoom tool allows for detailed magnification
o Powerful print and save functionality offer viewers valuable output options
o Advertisements are linked directly to each advertiser's website
o Internal linking allows for interactive table of contents and easy navigation of guide
o Google integrated articles allow for easy language translation of your guide
o Videos can be imbedded within your guide, opening up new advertising opportunities
o Forward to a Friend features stimulates viral marketing and expands audience
potential
o Analytics Software tracks all visits and clicks within the guide
o Monthly Reporting provides valuable data about visitors to your region
o Hosting is included for up to 3 years
Added Value
We sincerely appreciate the opportunity to quote on designing and printing the SSCVB 2010 Visitors
Guide. To show our appreciation and commitment to the SSCVB, Lunar Cow will convert the SSCVB
Visitors Guide into an online, interactive guide absolutely FREE! (A $1,400 value!) with the purchase
of both design and print services for the 2010 Visitors Guide.
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Lunar Cow will provide the experience and expertise necessary to design, develop, implement and
manage your Campaign. Your project will be divided into 5 easily managed Milestones to ensure clear,
one -to -one communication with your team and our dedicated Project Manager. Each Milestone is
assigned specific deliverables and timelines, and Lunar Cow will not move on to the next Milestone
until we have exceeded your expectations. This approach guarantees that we will exceed your
expectations at the completion of the project. Milestones are deliverables and are listed below.
MISSION SCHEDULE: 2010 Visitors Guide Design, Print and Digital Guide
`s'fi cswiii' 1 (Cons €thing, fiegniri:rcni and Planning)
Estimated time of completion: 1 -2 weeks
Our team of design professionals will work with your staff to establish objectives, goals and
communication styles for the project. We will explore your business and the market place to become
thoroughly educated to the essence of your brand. During this foundational stage we will discuss,
advise and present the full range of possibilities that can be implemented. We look for ways in which
your company distinguishes itself in the existing marketplace to successfully position strong brand
separation.
Highlights on Milestone 1:
Project kick -off exploratory meeting /conference call
Create a client contact through which all approvals will be obtained
Cover needed materials or discuss how they will be generated if not currently in place
Consult with the SSCVB on campaign goals
Photography consultation (if needed)
Copywriting Services (if needed)
libestone 2 (Milk!! Design (alteration)
Estimated time of completion: 1 -2 weeks
In this stage we formulate the key elements that will drive the visual elements of your project. This
stage takes the plan and explores effective visual resolutions. Multiple thumbnail concepts are created
to showcase a range of potentially successful systems This stage completes with the approval of a
defined concept that will be evolved into a prototype model in the next stage.
Highlights on Milestone 2:
Inventory images and content. Images and copy must be provided in a digital format. Images
should be 300dpi or greater and in a file format supported by Adobe Photoshop, preferably a TIF
file or high resolution JPG.
Optimize, color correct digital images. Proposal includes up to 100 images.
Photo, print or slide scanning is not included and will be billed as line item addendum to this
proposal if needed.
Lunar Cow will present 1 -3 concepts for the Visitors Guide as needed to gain final approval.
Concepts will include a cover page and interior page to demonstrate publication styles Additional
concepts requested beyond 3 will be billed at $125/hour. One round of revisions to a concept
included. Additional rounds of revisions billed at $125/hour.
,Nificsrofrc: (Prototypc)
Estimated time of completion: 2 -3 weeks
Once an approved concept is in place, Lunar Cow will develop a preprint prototype of the Visitors
Guide. Approval will take place at this stage.
Highlights on Milestone 3:
Visitors Guide: Place provided copy and layout pages. Provided copy must be proofed by SSCVB
prior to sending to Lunar Cow. Publication may be broken down into 2 portions for presentation
and approval. Up to two rounds of revisions included as necessary to gain final approval.
Additional rounds of revisions billed at $125/hour.
1riitcstone .i (i)A, Proofing and Printing)
Estimated time of completion: 1 -2 weeks
The approved files are prepared and sent to print. Lunar Cow will handle review and approval of all
press proofs to ensure the highest level of quality output.
Highlights on Milestone 4:
Visitors Guide is converted into an online, interactive guide and sent to the SSCVB.
Milestone :3 (!)rlivcrv)
The final print product will be delivered via the shipping company of our printer.
NOTE: Estimated timelines are based on the minimum amount of time needed to complete a given
milestone. The first number indicates a forecasted time based on gaining full approval of the first draft
of the milestone presented by Lunar Cow. The second number indicates an estimate based on 1 round
of revisions to gain approval. Additional rounds of revisions will delay the projects initial forecasted
timelines. Up to 2 rounds of revisions for Milestones 1 -3 are included in this estimate. Lunar Cow is
committed to delivering all presentations to your satisfaction; however Lunar Cow reserves the right to
bill for additional rounds of revisions beyond the budgeted 2 at a rate of $125/hr. No credit is earned
for revisions not used in a given milestone. Each milestone features a presentation window where
Lunar Cow will present all or a portion of the components for a given milestone.
Client will have three days to either make an approval or submit revisions to gain approval. If client
exceeds three days to send approval or revisions, the project will delay by each day extended beyond the
allotted three days for that review. Timelines are based on receipt of all content necessary to complete a
given milestone. Timelines will not begin until ALL content required for a given milestone has been
submitted to Lunar Cow in the proper format as instructed by Lunar Cow. All milestones are
concurrent and a delay in any given milestone affects all subsequent milestones.
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Lunar Cow's Experience
Lunar Cow is an award winning, visual communications firm specializing in assisting companies to solve
problems and grow their business by strengthening brand communication over the Web, in print and
through multimedia. Our Creative Business Professionals have backgrounds in graphic design, technology
marketing and business. Each team member blends an energetic passion for success with proven market
research, strategic planning and best practices program development to achieve brand communications that
"get noticed" and deliver measurable response. Our client- centric philosophy and proven, 5 -Step Mission
Schedule guarantee your complete satisfaction.
Lunar Cow has 10 years of national and international experience working with destination marketers
Lunar Cow has helped these attractions best realize their brand to enjoy strong market positioning. We
understand the unique marketing considerations that go into positioning and promoting a destination and
have built a strong portfolio of experience. Our destination experience covers convention and visitor
bureaus, theme parks, performing art centers, theatres, specialty animal attractions, zoos, museums and
historic societies. A sampling of some of the clients we have worked for in this group can be found in the
Abbreviated Client List below.
Abbreviated Client List
Akron Symphony Orchestra
Allegheny National Forest Vacation Bureau
Ashtabula County CVB
Bakersfield, CA CVB
Brown County CVB
Burlington/Alamance County CVB
Butler County 01-1 Visitors Bureau
Carroll County CVB
Cayuga County Office of Tourism
Chester County's Brandywine Valley
Cleveland Cinemas
Cleveland Play House
Chicago Southland CVB
Clinton County CVB
Currituck County Department of Travel
Darke County OH Visitors Bureau
DeKalb County Tourist Association
Dolphin Quest
Fairmont Chamber of Commerce
Finger Lakes Visitors Connection
Flint Area CVB
Fond Du Lac CVB
Fort Collins CVB
Franklin County CVB
Front Royal Tourism
Geneva -on- the -Lake Visitors Bureau
Huntingdon County Visitors Bureau
Huntington County VCB
Indiana State Festival Association
IMATA
Kalamazoo County CVB
Lake Erie Shores Islands
Manhattan CVB
Marineland
McPherson CVB
Miami Seaquarium
Mountain Arts Center, KY
North of Boston CVB
Pikeville/Pike County Tourism
Pittsboro -Siler City CVB
Sandusky/Erie County VCB
Santee Cooper Counties Promotion
Commission
Six Flags Theme Parks
Statesville CVB
Staunton CVB
St. Augustine, Ponte Vedra The Beaches CVB
Summersville CVB
Valdosta CVB
Vinton County CVB
Visit Bend, OR
Visit Chicagoland
Wabash County CVB
Warren County OH CVB
Wayne County CVB
Woodfield Chicago NW CB
Summary
Strong team dynamic is built on synergy. Our team's goal is to collaborate with your team and act as an
extension of your operation by providing vision, leadership, implementation and complete integration of
our service platforms into your marketing plans to maximize your campaign results. Each campaign begins
with clearly defined objectives and identification of the issues and challenges that confront progress. Our
approach builds substantial value to your business and assigns a tangible measurement of success to clearly
evaluate how each campaign impacts your business.
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DESIGN SERVICES
Design of 2010 Visitors Guide
52pg cover
GOGUIDE
Online GoGuide
Convert 2010 Visitors Guide into an interactive online guide
PHOTOGRAPHY
Photography services billed at local photographer rate
COPYWRITING
Copywriting services if needed billed at $125/hr
PRINTING SERVICES
Pages: 52 cover
Size: 8 3/8 x 10 7/8
QTY. 100,000
Color: 4/4 PC, full bleeds
Binding: Saddle Stitch and trim and pack in small cartons
Shipping: Included in price below
Stock: Cover 80# Gloss Text; Body 60# Gloss Text
TOTAL PROJECT COST $48,484
(Includes design, printing, shipping and GoGuide)
Online GoGuide
Standard After Special Rate*
$1,400 FREE!
*SSCVB will receive a FREE Online GoGuidde design, valued at $I,400, when choosing to have Lunar Cow
design and print your 2009 Visitors Guide if this agreement is signed by October 31st, 2009!
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These Lunar Cow Design Proposal Terms and Conditions (the "Terms and Conditions are attached to the Lunar Cow Design
Proposal (the "Proposal that will act as the agreement between Lunar Cow Design, Inc. "Lunar Cow and you "Customer for
purposes of the transactions referenced in the Proposal.
1. ',Pft.111r' ;i tit t \'S, Any products and/or services to be supplied by Lunar Cow under the Proposal will provided in accordance
with the specifications set forth in the Proposal. Any dates or schedules specified in the Proposal for the delivery of any products or
services by Lunar Cow are only estimates and shall not be binding upon Lunar Cow Lunar Cow shall not incur any liability, either
directly or indirectly, nor shall any engagement be canceled as a result of any delays in meeting such dates or schedules.
2. E'i;it.iN "s 'i i sit• \T, The products and/or services set forth in the Proposal will be provided by Lunar Cow to Customer at the
prices in the Proposal. Any products or services provided by Lunar Cow not listed in the Proposal shall be billed at Lunar Cow's
customary charges or rates. Further, expedited or rush service by Lunar Cow will be subject to additional charges as established by
Lunar Cow from time to time. All prices will be exclusive of expenses incurred by Lunar Cow in providing the products and/or
services under the Proposal. Customer shall be responsible for all out -of- pocket expenses incurred by Lunar Cow in providing the
products and/or services, including, but not limited to, copy charges, travel costs, model and other talent fees, equipment use and
rental fees, disk charges, shipping charges and other related costs and expenses. Invoices are due upon Customer's receipt thereof.
Customer shall pay interest of one and one -half percent (12 per month on all amounts due but not paid within thirty (30) days of
the invoice date. Lunar Cow retains the right to cease all work and deliverables for Customer under the Proposal until overdue
amounts are paid.
3 1.1X1 i Customer is solely responsible for payment of any taxes (including sales or use taxes, excise taxes, intangible and
property taxes and similar taxes) resulting from products and services provided under the Proposal, excluding, however, any taxes
payable by Lunar Cow due to income earned by it or withholding taxes to its employees.
4 IA '.I:. 1?t VIi•s'. With respect to any design work performed by Lunar Cow under the Proposal, Lunar Cow will present
Customer an initial concept design. Upon presentment of this concept design, Customer will have the opportunity to work with
Lunar Cow in its redesign. The prices set forth in the Proposal are based upon a maximum of two (2) requests for changes to the
initial concept design. Any changes to the initial concept design requested by Customer in excess of such amount or any changes
requested after acceptance of the concept design will be billed by Lunar Cow at its customary rates for such services.
5 1;!"'li'..' OF 1)1.1 Upon the completion of any deliverable in the Proposal, Customer will have three (3) business
days to review or test the deliverable and notify Lunar Cow of any problems with such deliverable. If Customer does not timely notify
Lunar Cow in writing of any problem, such deliverable will be deemed to be accepted by Customer. In the event of any delay caused
by Customer's failure to timely make any delivery set forth in the Proposal or respond to Lunar Cow in a timely manner, Lunar Cow
will not be responsible to meet any due dates set forth in the Proposal, which shall be extended in Lunar Cow's discretion.
6. i r'_1 Sk 1 In the event Customer requests any changes or modifications to the products or services provided under the
Proposal, Customer will be responsible for all charges reasonably incurred by Lunar Cow with respect to such changes. Further, any
times scheduled in the Proposal for the delivery may be extended by Lunar Cow upon any such requested changes or modifications.
7 "I! ila1'11 i 'tl F'Sil S11? 1IONS Customer represents and warrants to Lunar Cow that:
a. No content or information or materials delivered by Customer to Lunar Cow will: (i) be libelous, defamatory,
obscene, profane, threatening, harassing or offensive or otherwise violate the privacy or publicity rights of any third party;
(ii) constitute a fraud or other unlawful business practice, (iii) infringe on any copyright, patent, trade secret or other
proprietary right held by any third party, or (iv) violate any federal, state or local law, regulation or orders,
b. Customer has secured all necessary licenses and clearances for use of the content, including all rights to copy,
distribute, modify, perform and display the content and to create derivative works of the content. Unless otherwise agreed
by Lunar Cow in the Proposal, all content will be supplied by Customer
c. Lunar Cow may refrain from starting any work under the Proposal until such time as Customer has delivered to Lunar
Cow all required content, including, but not limited to, copy, image files, logos and reference materials. Any delays in
providing such content by Customer will extend the time period for the delivery Lunar Cow has no obligation to review
any content, information or other materials supplied by Customer and does not assume any liability therefor
d. Lunar Cow shall not be responsible for any delays or inability of third parties used by Lunar Cow to provide the
products and/or services under the Proposal. Any price estimates in the Proposal may be based on a quote from a third
party Lunar Cow shall not be bound by any price quote in the Proposal if any such third party fails to provide the
products or services as agreed.
8. Lit r'.1? i'la' .t Nl\ 1 Lunar Cow represents and warrants to Customer that the graphics, scripts, text, source code, software
and other materials supplied or prepared by Lunar Cow under the Proposal will not infringe on any trademark, copyright, patent or
other proprietary right held by any third party
9 1 SF;11 A 1 o t Lunar Cow shall have the right to terminate the agreement under the Proposal and all work to be performed
thereunder (i) in the event of Customer's breach of any provision hereof, or (ii) in the event a petition seeking composition of
creditors, the protection afforded by the United States Bankruptcy Code or benefit of other laws affecting the rights of creditors
generally is filed by or against Customer Upon termination by Lunar Cow, any and all work to be performed by Lunar Cow under
the Proposal shall immediately terminate; whereupon Lunar Cow will have no responsibility to refund any payments made to it prior
to such date of termination.
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10. 1N( t 1'I'ION In the event Customer cancels the engagement contemplated under the Proposal or fails to deliver any items
set forth in the Proposal or these Terms and Conditions after written request by Lunar Cow, Customer shall pay to Lunar Cow all
charges and fees incurred by Lunar Cow through the date of termination. In addition, without limiting the availability of any and all
other legal or equitable remedies, Customer shall pay a cancellation fee, depending upon the date of cancellation, equal to the
following schedule: (a) cancellation during Milestone 1 (or equivalent period) 50% of total estimated fees; (b) cancellation during
Milestone 2 (or equivalent period) 75% of total estimated fees; and (c) cancellation during Milestone 3 (or equivalent period)
100% of total estimated fees.
11. 0\•1 N1 1ZS1II I' Any content or materials supplied by Customer shall remain the property of Customer. Any image, graphics,
coding, scripts, text, source code, software or other materials supplied or prepared by Lunar Cow, and any derivative works there
from, shall remain the property of Lunar Cow; provided Lunar Cow shall grant to Customer the limited right to use such materials,
on a non transferable basis on its Web site or as otherwise contemplated in the Proposal. Notwithstanding any other provision of the
Proposal or these Terms and Conditions, Customer shall not be permitted to modify, reverse engineer, disassemble or decompile any
software or source code supplied by Lunar Cow for any Web site developed by Lunar Cow.
12, klt 111' 1 t t 1 >ISPI Al Notwithstanding any other provision hereof, Lunar Cow will have the right to publicly display any Web
site, including any components or content therein, and any design prepared or developed by Lunar Cow under the Proposal to any
third parry, including, but not limited to, to potential clients in person, by advertisements or trade shows, or through contest
submissions.
13. 1 1)1•\i"ti11 It ..1 I I()\' Customer shall indemnify and hold Lunar Cow, and its directors, officers, employees and agents, harmless
from and against any claims, losses, damages, liabilities, costs or expenses of any nature (including reasonable attorney's fees) suffered
or incurred by any of them to the extent that such are caused by (i) a breach of the Proposal or these Terms and Conditions by
Customer, or (ii) any content or materials supplied by Customer
14. i 1 01. 1 I,t1111 1I'I F4, LUNAR COW SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS
OF DAIA, WHETHER ARISING OUT OF LUNAR COW'S BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR OTHERWISE
(EVEN IF LUNAR COW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) CUSTOMER'S SOLE REMEDY
UNDER THE AGREEMENT FOR A BREACH BY LUNAR COW SHALL BE THE PERFORMANCE OF THE SAME OR REPLACEMENT
SERVICES AND /OR THE DELIVERY OF REPLACEMENT PRODUCTS BY LUNAR COW
15. f)i`,t 1 Al ‘11 1; 01 1 WA Ftk 1�' 1 11 S EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE PRODUCTS AND
SERVICES PROVDIED BY LUNAR COW ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LUNAR COW EXPRESSLY
DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT
THERETO, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
16. (,it\ i'I {I I:V( 1 1\C' l I.N1 1 1. This Agreement shall be governed by the laws of the State of Ohio, without reference to any conflict
of laws principles, and all claims, actions and other proceedings relating to the subject matter hereof shall be brought and heard
exclusively in the courts of Summit County, Ohio. Customer hereby consents to jurisdiction and venue of such courts and waives any
right to object to such jurisdiction or venue.
17 'al f )1tN1 1 1.1 If Lunar Cow is required to resort to legal action for the redress of a breach hereof by Customer, Lunar
Cow, if successful, shall be entitled to an award of all of its reasonable attorney fees and costs.
18. \,',14 ,NAI I This Agreement shall inure to the benefit of, and be binding upon, the parties and their respective successors
and assigns. Customer may not assign this Agreement or any of its rights or duties hereunder (including the sale or transfer of
majority control of the ownership of Customer) without the prior written consent of Lunar Cow Nothing in the Proposal or these
Terms and Conditions shall be construed as creating any act or beneficial right in or on behalf of any third party
19 l'tht( I. NI IJ1'111t1• To the extent Lunar Cow is prevented from performing any of its obligations hereunder due to
circumstances beyond its control (including, but not limited to, the action or inaction of any governmental, civil or military authority;
a strike, lockout or other labor dispute; or a fire, flood, war, riot, theft, earthquake or other natural disaster, acts of terrorism or
other civil disturbance), Lunar Cow shall not be liable to Customer for any losses or damages arising out of such non performance.
20. 4 t t1`.1'11 zl d 11 11 1 Customer shall treat all confidential and proprietary information and materials of Lunar Cow strictly
confidential and shall not disclose such information or materials to any third party
21. ■tl I 1 1 1" f 4411' No provision hereof shall be deemed waived, amended or modified by either party, unless it is in writing
and signed by the party against whom it is sought to be enforced. The failure of a party to enforce any provision hereof shall in no way
be construed to be a waiver of such provision, nor in any way affect the ability of a party to enforce the same or other provisions
thereafter. The Proposal and these Terms and Conditions represent the complete agreement of the parties with respect to the subject
matter hereof and supersedes any prior or contemporaneous agreements, written or oral, between the parties. Lunar Cow shall be
deemed an independent contractor of Customer and neither party shall be, nor hold itself out as being, an employee or agent of the
other party Any notice to be given hereunder shall be given in writing and delivered personally, by overnight courier, by U.S. certified
mail, postage prepaid, written receipt requested, or by facsimile with confirmation.
C -.2 W9SSC;V;i• Ib
oae
800 -594 -9620
Yes, I authorize Lunar Cow to begin development on the design and printing of the 2010 Visitors
Guide and GoGuide as outlined by the above terms. Please initial ALL of the services below that you
wish to have implemented by Lunar Cow.
2010 Visitors Guide Design (Included in Total Project Cost)
2010 Visitors Guide Printing (Included in Total Project Cost)
Please provide photography services
Please provide Copywriting services
Online GoGuide (Included in Total Project Cost)
Please Quote Map Design
3';t1 meat Schedule
Half the cost of the project will be invoiced upon signing of agreement.
The remaining balance will be billed at the start of Milestone 3 and must be paid in full prior
to sending the guide to print.
Project must be paid in full before delivery of final product will occur.
Prices contained in this proposal are guaranteed for 30 days.
Accepted By:
Seattle Southside CVB Ashley Comar PH: 206 -575 -2489 ashlev @seattlesouthside.com
14220 Interurban Ave S R Suite 130 Tukwila, WA 98168
Signature:
Printed Name:
Date:
Title:
Proposal Provided By:
Lunar Cow 137 South Main Street, Suite 202 Akron, Ohio 44308
PH: 330 253.9000 FX: 330.253.9001 TF: 800.594 9620
LC -2 9SSC VLa _b
'B+a iding ,�idoottsmg I 4laliefing 14
enncfi u`j r Prnt dl uCime
Vacation Planner
Creative Production
Ad Sales*
Saddle Stitch
Copywriting
Subtotal
Printing 100,000 (Journal
Graphics)
Photography
Online Guide
Total
'comments:
54
Vacation Planner Proposal Matrix
Exciaim ec er ssociates Lunar Cow
New Design
N/A
Yes
Included
$17,700.00
$26,782.00
TBD
$1,850.00
$46,332.00
Updated Existing Publication
N/A
Yes
Minor editing and proofing
$7,000.00
$26,782.00
TBD
$33,782.00
Created SSVS's new
brand guidelines Updated SSVS existing guide
Produced past 2 issues
EXCLAIM has
identified one of the 3
online vendors guide
producers as a *No online guide experience or
subcontractor relationship with vendor
New Design
Included
Yes
Minor editing and proofing
Included
To be supplied by SSVS
Complimentary
$48,484 or
*Ad sales will reduce overall
cost of guide and make
partners feel more involved
*There are only 3 vendors that
produce the online guides,
Lunar Cow is one of the three
***SSVS staff really
appreciates other visitor guides
produced by Lunar Cow
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
November 17, 2009 5:00 p.m.; Conference Room #3
City of Tukwila
Finance and Safety Committee
PRESENT
Councilmembers: Pam Linder, Chair; Joe Duffle and De'Sean Quinn
Staff: Shawn Hunstock, Gail Labanara, Nick Olivas, Derek Speck, Mary Miotke, Katherine
Kertzman, Ashley Comar, Jack Pace, Rhonda Berry and Kimberly Matej
CALL TO ORDER: Chair Linder called the meeting to order at 5:05 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Seattle Southside Visitors Services Website Redesign
Staff is seeking full Council approval to enter into a contract with PJKH, LLC (Philip Hallstrom) in the
amount of $50,400 plus expenses in an amount not to exceed 5% of the contract total for the web
redevelopment (coding and language) of seattlesouthside.com website.
PJKH will work in cooperation with Exclaim, LLC in redesign of Seattle Southside's website in order to
increase the site's functionality and usability. The contract with Exclaim, for the creative development of
the site is within the limits of the Mayor's signing authority and does not require Council approval.
This item is included in the Tourism program budget which is funded with lodging tax monies, not the
City's General Fund.
Committee members requested an updated memo from staff to the COW, providing clarification on
specific contract cost breakdowns and justification of bidder selection. UNANIMOUS APPROVAL.
FORWARD TO NOVEMBER 23 COW FOR DISCUSSION.
B. Seattle Southside Visitors Services Vacation Planner Redesign
Staff is seeking full Council approval to enter into a contract with Lunar Cow in the amount of $48,484
plus expenses in an amount not to exceed 5% of the contract total for the new design and printing of the
2010 Vacation Planner.
The Vacation Planner is the official visitors' guide of Seattle Southside which is produced in cooperation
with the Seattle Southside Cities Tukwila, SeaTac, Kent and Des Moines. The proposal calls for
complete redesign of the guide including new data incorporation and an online guide. The guide redesign
has been approved and supported by each city's Lodging Tax Advisory Committee.
Although Lunar Cow is the highest proposal that was received, total expenses are offset by ad sales and
the costs may end up reducing costs.
This item is included in the Tourism program budget which is funded with lodging tax monies, not the
City's General Fund. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 23 COW FOR
DISCUSSION.
55