HomeMy WebLinkAboutPCD 2023-05-15 COMPLETE AGENDA PACKET The City of Tukwila strives to accommod ate indi viduals with disabilities.
Please contact the City Clerk ’s Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov ) for assistance.
City of Tukwila
Planning and Community
Development Committee
Kathy Hougardy, Chair
De’Sean Quinn
Thomas McLeod
Distribution:
K. Hougardy
D. Quinn
T. McLeod
C. Delostrinos Johnson
Mayor Ekberg
D. Cline
R. Bianchi
C. O’Flaherty
A. Youn
L. Humphrey
AGENDA
MONDAY, MAY 15, 2023 – 5:30 PM
THIS MEETING WILL BE CONDUCTED USING A HYBRID MODEL, WITH ATTENDANCE
AVAILABLE BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY.
ON-SITE PRESENCE WILL BE IN THE HAZELNUT CONFERENCE ROOM
(6200 SOUT HCE NTER BOULEVARD)
THE PHONE NUMBER FOR THE PU BL IC TO LISTEN TO THIS
MEETING IS: 1-253-292-9750, Access Code 604773150#
Click here to: Join Microsoft Teams Meeting
For Technical Support during the meeting call: 1 -206-433 -7 155.
Item Recommended Action Page
1. BUSINESS AGENDA
a. Application for lodging tax funds: Pac NW January 2024
Soccer Tournament for $28,170.00.
Brandon Miles, Business Relations Manager
b. Contract with True Blue Strategies.
Brandon Miles, Business Relations Manager
2. MISCELLANEOUS
a. Forward to 5/22 Special
Meeting Consent Agenda.
b. Forward to 5/22 Special
Meeting Consent Agenda.
Pg.1
Pg.13
Next Scheduled Meeting: June 5, 2023
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development
FROM: Brandon Miles, Business Relations Manager
CC: Mayor Ekberg
DATE: May 9, 2023
SUBJECT: Lodging Tax Funding Requests
ISSUE
Review of lodging tax funding request from the City of Tukwila to support the PacNW January
2024 soccer tournament.
BACKGROUND
The City collects a 1% lodging tax on certain qualifying overnight stays in paid accommodations
(hotels/motels/Airbnb) in the City. State law limits the use of these funds to tourism promotion1.
There is currently just over $1 million in lodging tax funds available for use.
The City’s Lodging Tax Advisory Committee (LTAC) reviews all requests for use of lodging tax
funds. LTAC then forwards a list of recommended applications to the City Council for its review
and consideration. If LTAC does not recommend an application be funded, that application is
not forwarded to the City Council. The City Council may approve or deny any of the applications
recommended by the LTAC. The City Council may also approve an application and increase or
decrease the dollar amount awarded2.
The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly.
Pending Applications
1 RCW 67.28.080 (6) defines “tourism promotion” as “…activities, operations, and expenditures designed to
increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the
purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism
promotion agencies; and funding the marketing of or the operation of special events and festivals designed to
attract tourists.”
2 On August 17, 2016, the Washington State Attorney General’s Office issued an informal opinion regarding
whether a municipality could change the dollar amounts recommended by the local lodging tax advisory
committee. Specifically, the informal opinion states:
“When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts
different from the local lodging tax advisory committee’s recommended amounts, but only after satisfying the
procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed
change to the advisory committee for review and comment at least forty‐five days before final action on the
proposal.”
1
INFORMATIONAL MEMO
Page 2
1. City of Tukwila, Pac NW (not to exceed $28,170)
At a special meeting in April of 2023 the LTAC reviewed and recommended approval of a
lodging tax application from the City of Tukwila to support and sponsor the January, 2024 Pac
NW soccer tournament. The Pac NW tournament has been coming to Starfire Sports for a
number of years. In 2023 the tournament drew 500 teams from across the western United
States, generating 3,759 room nights, with 1,291 of those room nights in Tukwila. Analysis by
Seattle Southside RTA found that the City of Tukwila and Seattle Southside were losing a
significant number of room nights to Renton, Seattle, Bellevue, and Auburn. This funding
request will provide a room rebate to PacNW for every room night generated in Tukwila. The
total rebate will not exceed $28,170. PacNW will be required to use Seattle Southside’s Event
Connect program for room booking by teams and families.
LTAC Recommendation on Application: Do Fund
Staff Recommendation on Application: Do Fund.
FINANCIAL IMPACT
The total request for this application will not exceed $28,170.
Consistency with Six Year Financial Model:
For 2023 and 2024, the Six Year Financial Plan shows the City spending $150,000 for
sponsorship, such as this. The funds allocated for 2023 will be higher than the budget amount,
but revenues for 2022 came in higher and staff anticipated updating the six-financial plan to
account for the higher revenues and to apply the revenues to sponsorships.
2023 Tourism Six-Year Financial Plan Allocation
Large Sponsorships: $150,000
City of Tukwila, Copa Surf
Cup (Approved)
($25,000)
Seattle Seawolves
(Approved)
($75,000)
Starfire Sports (Approved) ($55,000)
City of Tukwila (PacNW) ($28,170)
Remaining Sponsorship
Funds:
$($33,170)
2024 Tourism Six-Year Financial Plan Allocation
Sponsorships: $150,000
Seattle Seawolves
(Approved)
($75,000)
Starfire Sports (Pending) ($55,000)
Remaining Sponsorship
Funds:
$20,000
2
INFORMATIONAL MEMO
Page 3
RECOMMENDATION
Staff recommends that the Committee approve the pending funding request and forward to the
May 22, 2023 consent agenda for the Special Meeting.
ATTACHMENTS
1. Lodging Tax Committee Staff Report, PacNW
2. Lodging Tax Application, PacNW
3. Lodging Tax Six Year Financial Plan
3
4
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Staff Memorandum
Lodging Tax Advisory Committee Funding Request
Name of Applicant:
City of Tukwila
PacNW Partnership
Address:
6200 Southcenter Blvd
Tukwila, WA 98188
Total Funds Requested:
Not to exceed $28,170
About the Applicant:
The City of Tukwila is a non‐charter City organized under the laws of the State of Washington.
Founded in 1908, Tukwila is one of the oldest cities in King County. Since its founding, Tukwila has
always been a community at the “crossroads.” Tukwila lies at one of the busiest freeway interchanges
in Washington State. The City has a small bedtime population of just under 20,000. During the day
the City’s population swells to over 150,000 people, with people coming to the City to work, shop,
dine, stay in hotels, and to visit once in a life time experiences, such as the Museum of Flight or iFly.
The City is one of the most diverse cities in the country. Over 70 languages are spoken in the Tukwila
School District. Many well‐known businesses are based in Tukwila, such as BECU, Westfield
Southcenter, Seattle Seawolves, Seattle Sounders FC, Top Pot Donuts, Pop Gourmet, and the Sabey
Corporation. The City has over 2,000 hotel rooms and over 100 restaurants
Funds Previously Awarded:
None for this activity.
Funding Request Narrative:
Seattle Southside Regional Tourism Authority (SSRTA) approached the City about a partnership
regarding PacNW, a youth premier soccer league. PacNW holds a large tournament at Starfire and
other King County facilities in January. In 2023 the event produced a total of 3,759 room nights, with
1,291 of those nights occurring in Tukwila. SSRTA found that a significant number of room nights
were being lost to Renton, Seattle, Bellevue, and Federal Way. The goal with this partnership it
capture lost room night and bring them to Tukwila. The City will offer a $10 per room night credit to
5
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
PacNW for total room nights generated in Tukwila for the January. The room nights must be booked
through EventConnect.
Staff Comments:
This program will hopefully allow the City to capture additional room nights from an events occurring
in a down month for the City for both overnight stays and retail activities.
Consistency with Six Year Financial Model:
For 2023 and 2024, the Six Year Financial Plan shows the City spending $150,000 for sponsorship,
such as this. The funds allocated for 2023 will be higher than the budget amount, but revenues for
2022 came in higher and staff anticipated updating the six-financial plan to account for the higher
revenues.
2023 Tourism Six-Year Financial Plan Allocation
Large Sponsorships: $225,000
1
Seattle Seawolves
(Approved)
($75,000)
Starfire Sports (Approved) ($55,000)
Remaining Sponsorship
Funds:
$95,000
2024 Tourism Six-Year Financial Plan Allocation
Sponsorships: 225,000
Seattle Seawolves
(Approved)
($75,000)
Starfire Sports (Approved) ($55,000)
City of Tukwila, PacNW ($28,170)
Remaining Sponsorship
Funds:
$66,830
City of Tukwila Staff
Recommendation to LTAC: Approval
Notes:
PacNW will need to execute a contract with the City of Tukwila to receive the funds.
1 Additional funds added in 2023 and 2024 due to better than expected 2022 revenue.
6
Application to the City of Tukwila for Use of 2023 Lodging Tax Funds
Event or Activity Name (if applicable):Pac NW January Soccer Tournament
Amount of Lodging Tax Requested: $28,170
Applicant Organization: City of Tukwila, Office of Economic
Development
Federal Tax ID Number: 91‐6001519
Mailing Address: 100 Andover Parkway W, Suite 150, Tukwila
WA 98188
Primary Contact Name: Pacific Northwest Soccer, Todd Johnson, Ex
Dir
Primary Contact Phone:
Primary Contact Email Address: execdir@pacnwsc.org
Check all the service categories that apply to this application:
Tourism promotion or marketing.
X Operation of a special event or festival designed to attract tourists.
Operation of a tourism‐related facility owned or operated by a non‐profit organization.
Operation and/or capital costs of a tourism‐related facility owned by a municipality or a public
facilities district.
Check which one of the following applies to your agency:
X Non‐Profit (Note: Attach a copy of your current non‐profit corporate registration from the
Washington Secretary of State Office)
Municipality
For Profit Corporation
I am an authorized agent of the organization/agency applying for funding. I understand that:
I am proposing a tourism‐related service for 2023. If awarded, my organization intends to enter
into a services contract with the City; provide liability insurance for the duration of the contract
naming the City as additional insured and in an amount determined by the City; and file for a
permit for use of City property, if applicable.
My agency will be required to submit a report documenting economic impact results in a
format determined by the City.
Signature: Brandon Miles Date: April 19, 2023
7
Page 2 of 4
1) Describe your tourism‐related activity or event.
PacNW Winter Classic soccer tournament held over two successive weekends in January 5‐7 & 12‐15,
2024 at Starfire Sports. The 2023 tournament drew 500 amateur teams and 793 matches from
throughout the Western US.
In 2023, 3,759 room nights were generated with Tukwila hotels capturing 1,291 or 34%.
The goal is to shift room nights from Renton, Seattle, Bellevue and Federal Way to Tukwila hotels.
1) If an event, list the event name, date(s), and projected overall attendance.
PacNW Winter Classic soccer tournament
2) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both?
Soccer tournament that generates overnight weekend stays from visiting teams
3) Describe why visitors will travel to Tukwila to attend your event/activity/facility.
Proximity to Starfire Sports. The event is already coming to Tukwila.
4) Describe the geographic target of the visitors you hope to attract (locally, regionally,
nationally, and/or internationally).
Teams from Eastern WA, BC, Idaho, Oregon, California and Alaska participate.
5) Describe the prior success of your event/activity/facility in attracting tourists.
See # 1 above.
6) If this your first time holding the event/activity/facility provide background on why you think
it will be successful.
This event has been held for many years at Starfire.
7) Describe how you will promote lodging establishments, restaurants, retailers, and
entertainment establishments in the City of Tukwila.
PacNW controls which hotels bid on providing housing. The organizer can select greater
numbers of Tukwila hotels, if the hotels have capacity.
8) Describe how you will use the name, “Tukwila” in publications, promotions, and for your
event?
Tukwila is prominently displayed on all correspondence as it is the ‘home’ field and the
organization’s home.
8
Page 3 of 4
9) Measurements and Metrics (Note: You will be required to report these metrics as part of the
close out of the agreement between your organization and the City.)
As a direct result of your proposed tourism‐related service, provide an estimate of:
a. Overall attendance at your proposed event/activity/facility.
20,000
b. Number of people who will travel fewer than 50 miles for your
event/activity.
10,523
c. Number of people who will travel more than 50 miles for your
event/activity.
9,477
d. Of the people who travel more than 50 miles, the number of people
who will travel from another country or state.
7,100
e. Of the people who travel more than 50 miles, the number of people
who will stay overnight in Tukwila.
8,451
(2,817
room
nights at
3/rm occ)
f. Of the people staying overnight, the number of people who will stay in
PAID accommodations (hotel/motel/bed‐breakfast) in Tukwila.
8,451
g. Number of paid lodging room nights resulting from your proposed
event/ activity/facility (for example: 25 paid rooms on Friday and 50
paid rooms on Saturday = 75 paid lodging room nights)
2,817 (up
from 1,291
in 2023)
10) What methodologies did you use to calculate the estimates and what methodologies will you
use to track outcomes, such as total participants, estimated visitor spending, etc?
Historical (2023) data
11) What is the overall budget for your event/activity/facility? What percent of the budget are
you requesting from the City of Tukwila?
9
Page 4 of 4
The request is to commission PacNW for ‘generating’ additional Tukwila room nights. In 2023, 1,291
room nights were actualized. The proposal is for 2,817 room nights in 2024. The commission request is
for $10/room night actualized or $28,170 if all 2,817 room nights are actualized. All room nights must
be booked through Event Connect and all actualized room nights will be verified by Event Connect. No
commission will be paid on any room nights booked around the Event Connect platform.
Applications are considered on a rolling basis. Please contact staff to discuss the process for having the
application reviewed by the City’s Lodging Tax Advisory Committee.
Completed applications should be submitted to:
Lodging Tax Advisory Committee
c/o Brandon Miles
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Or,
Brandon.Miles@Tukwilawa.gov
Questions?
LTAC Contact:
Brandon J. Miles
(206) 431‐3684
Brandon.Miles@Tukwilawa.gov.
Updated: December 29, 2022
10
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12
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Brandon J. Miles, Business Relations Manager
CC: Mayor Ekberg
DATE: May 8, 2023
SUBJECT: Agreement with True Blue Strategies for Experience Tukwila
ISSUE
Authorize the Mayor to sign an agreement with True Blue Strategies for the management and
operation of the Experience Tukwila Digital Initiative and to provide general marketing services for
the City.
BACKGROUND
In 2020, the City launched the Experience Tukwila Digital Initiative to aggressively promote the
Tukwila community within the Seattle region. Experience Tukwila includes dedicated social media
accounts and a website with original content highlighting restaurants, retailers, events, and the
overall Tukwila community. The Experience Tukwila digital initiative has allowed us to do
sponsorships and partnerships that we were unable to do in the past, including being a partner for
Seattle Restaurant Week and partnering with the Seattle Seawolves.
For 2023 and 2024 Experience Tukwila will focus on growing its reach and followers on social media
with authentic posts, including video. As the region emerges from the COVID-19 pandemic
Experience Tukwila will be essential in helping to bring visitors back to Tukwila and bring customers
back to our hospitality businesses. True Blue will also assist the City with marketing the Juneteenth
event and other marketing activities.
DISCUSSION
True Blue Strategies (formally Mammoth) has been the City’s marketing agencies for Experience
Tukwila since it launched in 2020. True Blue is small, woman owned marketing firm based out of
Seattle and is responsible for the day-to-day management of Experience Tukwila. The City selected
True Blue in 2020 after interviewing several firms. True Blue was selected due to its small size and
overall background in working with both public policy and marketing. It takes time to build up and get
a rhythm in marketing and promotion. True Blue has gained good experience in marketing the City
and continuing to use them will provide significant value to the City.
FINANCIAL IMPACT
The City Council approved a $190,000 lodging tax funding in 2022 for 2023. The agreement with
True Blue is not to exceed $175,000.
As a reminder, lodging tax funds are collected at area lodging businesses from overnight stays.
Under Washington State law, lodging tax funds can only be used for tourism promotion activities,
such as Experience Tukwila.
RECOMMENDATION
Staff recommends that the Committee forward the Agreement the May 22 Special Meeting consent
agenda.
ATTACHMENTS
1. Draft Agreement between the City of Tukwila and True Blue Strategies. 13
14
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as “the City”, and True Blue Strategies, hereinafter referred to as “the Consultant” or
“Contractor”, in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform marketing,
advertising, and social media management services in connection with the project titled
Experience Tukwila Digital Initiative.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit “A”
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing retroactively to April 1, 2023 and ending June 30, 2024,
unless sooner terminated under the provisions hereinafter specified. Work under this
Agreement shall commence upon written notice by the City to the Consultant to proceed.
The Consultant shall perform all services and provide all work product required pursuant to
this Agreement by no later than June 30, 2024, unless an extension of such time is granted
in writing by the City (email suffices).
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
“A” attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $175,000 without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant’s records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
15
CA revised May 2020 Page 2
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant’s endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
City retains ownership of all social media accounts and the ExperienceTukwila.com website,
including domain name. Upon expiration of this Agreement or demand by the City,
Consultant shall transfer hosting of ExperienceTukwila.com to a provider of the City’s choice
and provide all login credentials for ExperienceTukwila.com and all Experience Tukwila
social media accounts.
City retains ownership of any photography, videography, and animation created in
conjunction with this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant’s liability
hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant’s maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City’s recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
16
CA revised May 2020 Page 3
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop-gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant’s Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant’s profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for
the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Contractor, irrespective of whether such limits maintained by the
Contractor are greater than those required by this Contract or whether any certificate of
insurance furnished to the Public Entity evidences limits of liability lower than those
maintained by the Contractor.
C. Other Insurance Provision. The Consultant’s Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall
furnish certified copies of all required insurance policies, including endorsements,
required in this Agreement and evidence of all subcontractors’ coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded 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 for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
17
CA revised May 2020 Page 4
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its discretion
to deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City (e-mail suffices).
13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney’s Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the completion, expiration or cancellation of this Agreement, shall survive termination
of this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
_______________________________________
18
CA revised May 2020 Page 5
_______________________________________
_______________________________________
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this _________ day of ____________________________, 20_____.
CITY OF TUKWILA CONSULTANT
____________________________________ By: ___________________________________
Allan Ekberg, Mayor
Printed Name:
Title: __________________________________
Attest/Authenticated: Approved as to Form:
_________________________ ______________________________________
City Clerk, Christy O’Flaherty Office of the City Attorney
19
CA revised May 2020 Page 6
Exhibit “A”
Scope of Services
Contractor shall provide marketing, advertising, and social media management services to the City
with the intent of bringing more visitors to the City and improving the City’s image. The focus for April
1, 2023 until June 30, 2024 shall be to promote the City of Tukwila to the greater Seattle area and to
establish Tukwila as the place to go for dining, shopping, sports, and entertainment.
Day-to-Day Management of Experience Tukwila
Contractor is responsible for the day-to-day management of the City of Tukwila Experience Tukwila
social media accounts (Facebook, Instagram, Twitter, and LinkedIn) and the ExperienceTukwila.com
website. Contractor shall provide the following services outlined in Table 1 below.
Table 1 shows an estimate as to how funds will be allocated. The City may reallocate funds for
specific tasks or eliminate tasks.
Task Notes Monthly Rate
(April, 2023
only)
Monthly Rate
(April 2023
through June
2024)
Project
Management
and
Reporting
Project Management, monthly analytics
reporting on web and social analytics, site
hosting and administration.
$1,000 $1,500
Social Media
Content and
Management
Creation and posting of original social media
content for existing Facebook, Instagram,
Twitter, and LinkedIn accounts including
custom graphics and sourced photography. 5-7
posts per week. Community moderation.
Identify externally generated content to share,
retweet, or otherwise promote. Ongoing
content creating for LinkedIn one post per
week. Expanded stories, videos, gifs, and
interactive content. City retains ownership of
all social media accounts. Upon request,
Contractor shall provide the City sign in
credentials for social media accounts.
$4,500 $5,500
Website
Content
Updates
Ongoing website support and content updates,
editorial calendar management, blog content
and event updates. Includes adding additional
content to the site such as new restaurant and
shopping listings, updating imagery including
refreshing homepage content. Contractor is
responsible for hosting
ExperienceTukwila.com. City retains
ownership of ExperienceTukwila.com website
and the domain name. Upon termination of this
Agreement, Contractor shall transfer hosting
and the domain name ExperienceTukwila.com
to the City.
$2,000 $2,000
20
CA revised May 2020 Page 7
Email
Marketing
Content and
Management
Deployment of one email per month to
Experience Tukwila newsletter subscribers.
Email content development and management
including subscriber/engagement reporting
$1,000 $1,000
Monthly Totals: $8,500 $10,000
Special Services
In addition to the work outlined in Table 1, Contractor shall provide the following additional special
services to the City. The reimbursement for these items shall be negotiate separately.
1. Seawolves jersey giveaway and social media event ($2,000).
2. Juneteenth Poster ($1,000)
3. On dates mutually agreed by the City and Contractor, organize a two-day photo shoot within
the City to capture more crowds, personal portraits, and b-roll footage. Specific price to be
proposed to the City prior to commencing work. Work shall not begin until authorized by the
City.
4. Produce videos or animations promoting the City. Specific price to be proposed to the City
prior to commencing work. Work shall not begin until authorized by the City.
5. Email template updated for Experience Tukwila brand. Specific price to be proposed to the
City prior to commencing work. Work shall not begin until authorized by the City.
6. Provide on-call, on-demand graphic design services to the City. The specific projects shall be
bid on request by the City.
7. Provide recommendations and strategies to help the City improve its social media followers
and engagement.
8. Paid media recommendations, as needed, with the specific services added by the City upon
request, with a cost estimate provided by the Contractor.
9. Earned media and community partners program. The specific work shall be negotiated by the
City and the Contractor, with the Contractor providing the City an estimate for the proposed
work.
10. Other marketing and advertising services deemed necessary by the City to achieve the goals
of promoting the City to visitors. Specific services and costs shall be negotiated as specific
projects are proposed by either City or Contractor.
21
22