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HomeMy WebLinkAboutAgenda AGENDA Finance Committee Meeting 5:00 PM - Monday, June 19, 2017 Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way 1. Court Security Officer Position a) AB - 1906 Municipal Court requests authorization to transfer the Court Security Officer from a contracted position to a City employee by establishing a new Court Security Officer position at salary grade a04, and approving the associated budget adjustment. 2. Community Marketing Campaign Contract with Atlas Advertising a) AB - 1929 Community & Economic Development Department recommends approval of the Renton Community Marketing Campaign contract with Atlas Advertising in the amount of $90,000. AB - 1906 City Council Regular Meeting - 12 Jun 2017 SUBJECT/TITLE: Request to create a new position of Court Security Officer RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Municipal Court STAFF CONTACT: Bonnie Woodrow, Court Services Director EXT.: 6531 FISCAL IMPACT SUMMARY: $91,974.55 - 2017 (Step C) $97,911.95 - 2018 (Step D plus 2018 assumptions) The court would absorb the expense of the FTE by transferring the contract budget expense and overtime expense line items to salaries and benefits. The court intends to hire this position at grade a04, step A. SUMMARY OF ACTION: Approve request to create a new position within the Municipal Court for a Court Security Officer. The court has the capacity within it's current budget to fund the position. Weapons are prohibited in courthouses per RCW 9.41.300. Weapons screening is a standard practice in most courthouses and is the single most important element in a comprehensive courthouse security program. Renton Municipal Court has security and weapon screening and has contracted our courthouse security position for the last 12 years. Our request is to bring this position in-house. An in-house employee would have the latitude to help with a wider variety of tasks that would help the efficiency of the hearing and trial process. In any given year the court holds over 18,000 hearings. Our trial caseload has increased approximately 70% since 2014. If our jury trial pace continues, we expect to hold 50 trials in 2017. Jury management is a critical piece of the trial process. By expanding the Court Security Officer's responsibilities, this position could greatly help with juror management to include help with juror check-in, roll call, maintain separation of jurors from defendants/witnesses; scan and secure courtrooms before and after each session, help to maintain order and decorum in the courtrooms and help with general courtroom support as time allows. In addition, we would like to expand this position's first aid capabilities to include CPR and defibrillation (AED) training. The court lost three staff positions since 2012 due to budget cuts. Those layoffs did result in the court becoming a more efficient, technology driven department. However in that same timeframe, the City Attorney's office added one prosecutor and one paralegal FTE and are currently in a better position to push cases to trial. Rather than request the addition of clerical staff, we are requesting to bring our current contracted position in-house and add additional responsibilities to that position. Reallocating the responsibilities of staff will improve the court's current processes. EXHIBITS: A. Job Description AGENDA ITEM #1. a) STAFF RECOMMENDATION: Approve the transfer of the Court Security Officer from a contracted position to a city employee under the direction of the Municipal Court Judge. AGENDA ITEM #1. a) CLASS TITLE:Court Security Officer (____) FLSA STATUS: BARGAINING UNIT: PAY RANGE: Non Exempt AFSCME a04 JOB SUMMARY: Perform operations and manual duties in the security and safety of the court. Complete tasks according to established policies and procedures, work independently with limited supervision, and contribute through knowledge, skills, and good work habits. SUPERVISION: Reports To: Court Services Director Supervises: None JOB DUTIES/RESPONSIBILITIES: Essential Functions: Screen all individuals entering the Municipal Court to prevent introduction of dangerous weapons or contraband into the courtroom. Monitor metal detector, hand wand persons who set off metal detector alarm or those unable to pass through metal detector. Perform package inspection and log all incoming packages being brought into the court area. Assist and direct visitors to courtrooms and other facilities in the court area. Call 911 for support when necessary. Court Security Officer will not detain, or attempt to apprehend individuals. Observe building occupants for compliance with rules and regulations; report potentially dangerous individuals immediately to the Court Administration. Receive and turn in lost articles to the Court Office. Report potentially hazardous conditions and items in need of repair. Prepare required reports on accidents, fires, bomb threats, unusual incidents and unlawful acts and provide to the Court Services Director. Monitor courtroom doors and inspect courtrooms before and after all court sessions. Monitor main lobby and court clerk office for access control and for safety issues. Act as a concierge for the City by providing information, directions or calling for requested services. Cooperate with law enforcement and/or authorized emergency personnel. AGENDA ITEM #1. a) Court Security Officer - Continued Page 2 Act as Jury liaison, checking in jurors and directing to the proper jury room until called by the judge. Maintain separation of jurors, trial witnesses and defendants while in the lobby and hallways. At the discretion of the Court Services Director, perform such other functions as necessary in the event of situations or occurrences such as civil disturbances, or other criminal acts adversely affecting the security or safety of the employees and general public. Remain current with relevant technological advancements as it relates to field. Maintain regular, reliable, and punctual attendance, work evening and/or weekend hours as assigned, and travel as required. Standard Functions: Perform other duties as assigned. May be assigned to support critical city priorities during disasters or other emergencies. EDUCATION, EXPERIENCE, AND LICENSE REQUIREMENTS: High school diploma or equivalent. 1 years’ experience as a security officer. CPR and First Aid and AED certificates within six months of employment. Successful passing of a required background check and national fingerprint-based records check. KNOWLEDGE, SKILLS, AND ABILITIES REQUIREMENTS: Oral communication skills. Written communication skills, ensuring correct grammar, spelling, punctuation and vocabulary. Interpersonal skills using tact, patience, and courtesy. Effective, professional, and positive interactions with all individuals. Understand and follow direction given. Meet schedules and deadlines. Recordkeeping and data entry skills. Problem-solving skills. Decision-making and conflict-resolution skills. Detail-oriented and organization skills. Ability to: o Compose reports. o Work independently. o Analyze situations quickly and objectively, recognizing actual and potential dangers and to determine a proper course of action. Knowledge of: AGENDA ITEM #1. a) Court Security Officer - Continued Page 3 o Municipal Court and related security policies and procedures. o Applicable federal, state, and local laws, codes, regulations, policies and procedures. o Methods, materials, and tools used in security officer work. o Proper use of security and safety devices or equipment. o Microsoft Word and Outlook. , WORK ENVIRONMENT/PHYSICAL DEMANDS: The following represent the physical demands that must be met to successfully perform the essential functions of this job: 100 % of work is performed in a typical office environment Work is performed primarily in a courthouse under pressure and requires the ability to quickly adjust to changing priorities and demands. Operate a computer and other office equipment. Frequent communication with City employees and customers. Frequent standing for extended periods. Lift or move items weighing up to 20 pounds on occasion Noise level l in the office is moderately quiet. Approved reasonable accommodation requests will be made to enable individuals with disabilities to perform the essential functions of the job. Established Date: June 2017 Revised: _______ Original Title: N/A AGENDA ITEM #1. a) AB - 1929 City Council Regular Meeting - 12 Jun 2017 SUBJECT/TITLE: Renton Community Marketing Campaign Contract with Atlas Advertising RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development STAFF CONTACT: Cliff Long, Economic Development Director EXT.: 6591 FISCAL IMPACT SUMMARY: This contract is for $90,000. Of this amount, $65,000 was awarded through the Lodging Tax Advisory Committee process and approved by Council. The remaining $25,000 is provided through the contributions of the Renton Community Marketing Campaign partners. SUMMARY OF ACTION: A previous contract with Atlas Advertising for $87,500 was in place during 2017 to execute the marketing plan funded by the Port of Seattle grant ($65,000) and the remainder from City of Renton match. Because the City of Renton had a previous contract with Atlas Advertising during 2017, the combined amounts will exceed $100,000 and require the approval of Council. EXHIBITS: A. Atlas Advertising Renton Community Marketing Campaign Scope of Work B. Atlas Advertising Executed Contract (CAG-17-091) STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into an agreement with Atlas Advertising for $90,000. AGENDA ITEM #2. a) City of Renton, Washington Proposed Projects for 2017 USAGE OF ​RCMC FUNDING (BY 12/31/2017) DOWNTOWN PROJECTS: City of Renton Downtown Summer Social Media Advertising Campaign ​Placement $12,000 Implementation of social media campaign promoting downtown during the summer months (June-August). Includes $3,000/month of media spend and $1,000/month for campaign management and optimization. Deliverables: Monthly media performance reports City of Renton Downtown Fall Social Media Advertising Campaig​n Placement $11,000 Development and implementation of a social media campaign and media plan to promote downtown during the September-December. $2,000/month of media spend and $750/month for campaign management and optimization. Deliverables: 5 ads for use in social media marketing Media plan for September – December 2017 Quarterly media performance reports ECONOMIC DEVELOPMENT PROJECTS: Economic Development Website Development $15,000 Atlas to develop agreed upon design in the Wordpress website platform. Assumptions: Developed for mobile devices Includes language translation using Google translate Includes CMS training Deliverables: Delivery of developed website. Functional website development to be completed based on signed creative to tech handoff document Economic Development Website Hosting and Support $4,000 total for 6 mos. Atlas to provide hosting services for the new economic development website as well as up to 20 hours of pre-paid, reduced cost support for website enhancements or other items as they arise. Economic Development Website Content Upload $7,500 Atlas to upload final copy and photos onto the new website.  Atlas Advertising, llc.       ​303.292.3300 | ​www.atlas-advertising.com​ | 1860 Blake Street, Suite B101, Denver, CO 80202  AGENDA ITEM #2. a) Assumptions: Includes up to 20 pages of finalized copy Does not include the collection or assignment of photography ECONOMIC DEVELOPMENT PROJECTS—CONT’D Economic Development Digital Advertising Campaign Placement $10,000 Implementation of the digital advertising campaign during August – November. Includes $1,500 of media placement per month and optimization with monthly reporting at $1,000/month. Deliverables: Monthly media performance reports TOURISM PROJECTS: Tourism Microsite Development $13,500 Atlas to develop agreed-upon design in the Wordpress website platform. Assumptions: Developed for mobile devices Includes language translation using Google translate Includes CMS training Deliverables: Delivery of developed website. Functional website development to be completed based on signed creative to tech handoff document Tourism Microsite Hosting and Support $4,000 total for 6 mos. Atlas to provide hosting services for the new tourism microsite as well as up to 20 hours of pre-paid, reduced cost support for website enhancements or other items as they arise. Tourism Microsite Content Upload $3,000 Atlas to upload final copy and photos onto the new microsite. Assumptions: Includes up to 8 pages of finalized copy Does not include the collection or assignment of photography Tourism Digital Advertising Campaign ​Placement $10,000 Implementation of the digital advertising campaign during July - October. Includes $1,500 of media placement per month and optimization with monthly reporting at $1,000/month. Deliverables: Monthly media performance reports  Atlas Advertising, llc.       ​303.292.3300 | ​www.atlas-advertising.com​ | 1860 Blake Street, Suite B101, Denver, CO 80202  AGENDA ITEM #2. a) RCMC PROJECTS PRICING SUMMARY: $90,000 Project Cost City of Renton Downtown Summer Social Media Advertising Campaign $12,000 City of Renton Downtown Fall Social Media Advertising Campaign $11,000 Downtown Projects Total $23,000 Economic Development Website Development $15,000 Economic Development Website Hosting and Support (for 6 months) $4,000 Economic Development Website Content Upload $7,500 Economic Development Digital Advertising Campaign $10,000 Economic Development Projects Total $36,500 Tourism Microsite Development $13,500 Tourism Microsite Hosting and Support (for 6 months) $4,000 Tourism Microsite Content Upload $3,000 Tourism Digital Advertising Campaign $10,000 Tourism Projects Total $30,500 TOTAL FY18 PROJECTS $90,000 *$27,000 to be spent directly with search engines and digital advertising sites (this is the price if client puts on their own credit card). PROPOSED TIMELINE Downtown Content Audit/Sitemap Creation: w/o 4/3-4/10 (Port of Seattle/Renton - first contract) Web Design: w/o 4/17-5/ 8 (Port of Seattle/Renton - first contract) Web Development: w/o 5/15/-5/29 (Port of Seattle/Renton - first contract) Social Media Planning: w/o 5/1-5/29 (Port of Seattle/Renton - first contract) Summer Social Campaign: w/o 6/5-8/28 Fall Social Campaign: w/o 9/4-12/31 Economic Development Content Audit/Sitemap Creation: w/o 4/3-4/10 (Port of Seattle/Renton - first contract) Web Design: w/o 4/17-5/22 (Port of Seattle/Renton - first contract) Web Development: w/o 5/29-6/5 Content Development: w/o 5/1-5/29 (Port of Seattle/Renton - first contract) Content Upload: 6/12-6/19 Digital Campaign Planning/Ad Creation: w/o 4/24-5/29 (Port of Seattle/Renton - first contract) Digital Campaign Implementation: w/o 8/7-11/27  Atlas Advertising, llc.       ​303.292.3300 | ​www.atlas-advertising.com​ | 1860 Blake Street, Suite B101, Denver, CO 80202  AGENDA ITEM #2. a) Hosting Support: w/o 6/12-12/31 Tourism Content Audit/Sitemap Creation: w/o 4/3-4/10 (Port of Seattle/Renton - first contract) Web Design: w/o 4/17-5/15 (Port of Seattle/Renton - first contract) Web Development: w/o 5/22-5/29 (Port of Seattle/Renton - first contract) Content Development: w/o 5/1-5/15 (Port of Seattle/Renton - first contract) Content Upload: 6/5-6/12 Digital Campaign Planning/Ad Creation: w/o 4/24-5/29 (Port of Seattle/Renton - first contract) Digital Campaign Implementation: w/o 7/3-10/30 Hosting Support: w/o 6/12-12/31 BUDGET BREAKDOWN Atlas costs $9,000 billed June-December each monthly Media Spend $27,000 billed June  Atlas Advertising, llc.       ​303.292.3300 | ​www.atlas-advertising.com​ | 1860 Blake Street, Suite B101, Denver, CO 80202  AGENDA ITEM #2. a) CITY OF CAG-17-091 en on AGREEMENT FOR ECONOMIC DEVELOPMENT WEBSITE DESIGN AND DIGITAL ADVERTISING CAMPAIGN CAG-17-o91 THIS AGREEMENT, dated April 2017, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Atlas Advertising ("Consultant"), a marketing and technology company. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide website design and digital advertising campaign and media plan for powntown, city-wide economic development, and tourism as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the "Work." 2. Chan es in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than June 30, 2017. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $87,500, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Pavment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a AGENDA ITEM #2. a) form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant's performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Pavment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Ri ht To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and Page 2 of 10 AGENDA ITEM #2. a) workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bride and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City's or other's adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and Page 3 of 10 AGENDA ITEM #2. a) the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. 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 Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant's failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate...) 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, Consultant's liability shall be only to the extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant's waiver of immunity under the Industrial Page 4 of 10 4"` AGENDA ITEM #2. a) Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant's performance of the Work. 12. Citv of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://rentonwa.ov/business/default.aspx?id=548&mid=328. Information regarding State business licensing requirements can be found at: http;//dor.wa.ov/content/doin business/re istermvbusiness/ 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 fo'r each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. Page5of10 V` AGENDA ITEM #2. a) E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delavs: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deem d to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON CONSULTANT Cliff Long, Economic Development Director Guillermo Mazier, CEO 1055 South Grady Way 1860 Blake Street, Suite B101 Renton, WA 98057 Denver, CO 80202 Phone: (425) 430-6591 Phone: (303) 292-3300, x232 clong@rentonwa.gov guillermom@atlas-advertising.com Fax: (425) 430-7300 Page 6 of 10 V AGENDA ITEM #2. a) 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification,the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to Page 7 of 10 y - ` 4 AGENDA ITEM #2. a) perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authoritv. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Mana ement. The City's project manager is Cliff Long, Economic Development Director. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governin Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Draftin Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. Page8of10 AGENDA ITEM #2. a) G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. H. Severabilitv. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire A reement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant's performance of this Agreement. K. Third-Partv Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Assi ns and Successors. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Page 9 of 10 f AGENDA ITEM #2. a) IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON CONSULTANT By:gy: --'=" m Den s Law Guillermo Mazi Mayor CEO l3 ti - o- - Date Date Attest J on A. Set ity Clerk Approved as to Legal Form t. Shane Moloney Renton City Attorney AgreementForm Updated 02/SO/2017 1\1111t111 I, y F REN ''. N T y,,,V *' ', : SEAL = *_ 7C : `i % w i c. p in a" b,,`A RA,o'SE,```. Page 10 of 10 AGENDA ITEM #2. a) EXHIBIT A ATLAS ADVERTISING City of Renton, Washington Proposed Projects for 2017 USAGE OF PORT OF SEATTLE/RENTON (BY MAY 31) DOWNTOWN PROJECTS: City of Renton Downtown Website Re-Design 8,000 Includes re-skin design for the downtown website to match the new City of Renton brand guidelines. Assumptions: Assumes all site content to remain the same Client to work with developer for implementation/content migration Deliverable: Website designs provided in a creative to tech document City of Renton Downtown Facebook Campaign Execution 7,000 Development of a social media campaign media plan to promote downtown during the summer months. Deliverables: ' 5 ads for use in social media marketing on Facebook Media plan + execution for June—August 2017 PROJECTS PRICING SUMMARY: $15,000 Project Cost City of Renton Downtown Website Re-Design 8,000 City of Renton Downtown Facebook Campaign Execution 7,000 Downtown Projects Total 15,000 Atlas Advertising, IIC. 303.292.3300 www.atlas-advertising.com 1860 Blake Street,Suite B101, Denver,CO 80202 AGENDA ITEM #2. a) AT AS ADVERTISING ECONOMIC DEVELOPMENT PROJECTS: Economic Development Website Design 15,000 Atlas to design custom homepage and up to four interior page templates. Initial design phase to include one design concept consisting of homepage design and one interior page template design. Assumptions: Assumes up to finro rounds of revisions on initial concept during the design phase New site to integrate GIS Planning Components via an Iframe Economic Development Website Content Development 10,000 Atlas will develop a site map and content outline for a new economic development website. Once the content outline is developed, Atlas will write 20 pages of copy. Assumptions: Includes one round of review and revisions to content Does not include downloads, data sets or photography. Photography to be provided by client. Stock photos must be approved by client before purchase. Stock photo costs not included in website content scope. Deliverables: 20 pag s of client-approved content Economic Development Digital Advertising Campaign and Media Plan 15,000 Development of digital advertising campaign creative to raise awareness of the City of Renton among economic development target audiences. Includes the development of a 6-month media plan for 2017. Assumptions: Atlas to design 3 ad concepts. Includes one round of consolidated revisions. Atlas to re-size final ad concept into 5 sizes. Atlas Advertising, IC. 303.292.3300 www.atlas-advertising.com 1860 Blake Street, Suite 6101, Denver,CO 80202 AGENDA ITEM #2. a) AT AS ADVERTISING USAGE OF PORT/RENTON FUNDING-CONT'D TOURISM PROJECTS: Tourism Microsite Design 10,000 Atlas to design custom homepage and one interior page template. Assumptions: Assumes up to two rounds of revisions on initial concept during the design phase Tourism Microsite Content Development 7,500 Atlas will develop a site map and content outline for a new website targeting tourists and meeting planners. Once the content outline is developed, Atlas will write 8 pages of content. Assumptions: Includes one round of review and revisions to content Does not include downloads, data sets or photography Photography to be provided by client. Stock photos must be approved by client before purchase. Stock photo costs not included in website content scope. Deliverables: 8 pages of client-approved content Tourism Digital Advertising Campaign and Media Plan 15,000 Development of a digital advertising campaign creative to raise awareness of the City of Renton among tourism target audiences (including meeting planners). Includes the development of a 6-month media plan for 2017. Assumptions: Atlas to design 3 ad concepts. Includes one round of consolidated revisions. Atlas to re-size final ad concept into 5 sizes. PORT OF SEATTLE/RENTON PRICING SUMMARY: Total $87,500 Project Cost City of Renton Downtown Website Re-Design 8,000 City of Renton Downtown Facebook Campaign Execution 7,000 Downtown Projects Total 15,000 Economic Development Website Design 15,000 Economic Development Website Content Development 10,000 Economic Development Digital Advertising Campaign and Media Plan 15,000 Economic Development Projects Total 40,000 Tourism Microsite Design 10,000 Atlas Advertising, IIC. 303.292.3300 www.atlas-advertisinq.com 1860 Blake Street, Suite 6101, Denver,CO 80202 AGENDA ITEM #2. a) ATLAS ADVERTISING Tourism Microsite Content Development 7,500 Tourism Digital Advertising Campaign and Media Plan 15,000 Tourism Projects Total 32,500 note total cost to be paid directly to Facebook is $3,500 to be paid up front PROPOSED TIMELINE Downtown Content Audit/Sitemap Creation: w/o 4/3-4/10 Web Design: w/o 4/17-5/8 Web Development: w/o 5/15/-5/29 Social Media Planning: w/o 5/1-5/29 Summer Social Campaign: w/o 6/5-8/28 (RCMC - second contract) Fall Social Campaign: w/o 9/4-12/31 (RCMC - second contract) Economic Development Content Audit/Sitemap Creation: w/o 4/3-4/10 Web Design: w/o 4/17-5/22 Web Development: w/o 5/29-6/5 Content Development: w/o 5/1-5/29 Content Upload: 6/12-6/19 (RCMC - second contract) Digital Campaign Planning/Ad Creation: w/o 4/24-5/29 Digital Campaign Implementation: w/o 8/7-11/27 (RCMC - second contract) Hosting Support: w/o 6/12-12/31 (RCMC - second contract) Tourism Content Audit/Sitemap Creation: w/o 4/3-4/10 Web Design: w/o 4/17-5/15 Web Development: w/o 5/22-5/29 Content Development: w/o 5/1-5/15 Content Upload: 6/5-6/12 (RCMC - second contract) Digital Campaign Planning/Ad Creation: w/o 4/24-5/29 Digital Campaign Implementation: w/o 7/3-10/30 (RCMC - second contract) Hosting Support: w/o 6/12-12/31 (RCMC - second contract) BUDGET BREAKDOWN Atlas Costs $21,875 to be billed twice in April, finrice in May for clienYs two billing cycles each month. Atlas Advertising, IIC. 303.292.3300 www.atlas-advertising.com 1860 Blake Street, Suite B101, Denver,CO 80202 AGENDA ITEM #2. a)