HomeMy WebLinkAboutReg 2005-02-07 Item 6A - Contract - 2005 Southwest King County Chamber COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 05-013 I ORIGLNAL AGENDA DATE: 2/7/05
AGENDA ITEM TITLE Southwest King County Chamber Contract with the City of Tukwila for 2005
CATEGORY Discussion Motion Resolution Ordnance Bid Award Public Hearing Oth r
AN Date AUg Doty Mt Dct. AUg Dcte tg Doi. ,lUg Don Mfg Dal. 2/7/05
I SPONSOR Conned Mayor Adrn Svcs DCD Finance Fire L ega1 P &R Polio Pl%
SPONSOR'S Contract with Southwest King County Chamber for 2005 is essentially the same as 2004.
SUMMARY Authorize Mayor to sign agreement.
REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Phnnin.r. Comm.
DATE: January 18, 2005
RECOMMENDATIONS:
SPONSOR /ADMLN. Approve as presented
COMIMrrrEE Same as sponsor
COST IMPACT 1 FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$20,000 $20,000
Fund Source: THE 101 FUND HOTEL /MOTEL TAX
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
I MTG. DATE -I ATTACHMENTS
2/7/05 I Memorandum from Kevin Fuhrer dated January 13, 2005
Proposed Contract with Southwest King County Chamber
Minutes from Finance Safety Committee meeting on January 18, 2005
I I
Date:
Finance & Safety Committee
pY'
Kevin Fuhrer & Derek Speck (1
January 13, 2005
To:
From:
Subject:
2005 Chamber Contract
The attached proposed Southwest Chamber of Co=erce Contract for 2005 is exactly the
same as 2004. The funding is from the Hotel/Motel Tax Fund (101) and budgeted for
2005. The current location of the Chamber office to the Tourism office has enhanced the
cooperation regarding opportunities for the Tourism work group to receive numerous
leads during the year.
The reco=endation is to approve the contract as presented.
Contract No.
CONTRACT FOR SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter
optional municipal code city hereinafter referred to as "the City," and Southwest King County Chamber of
Commerce, hereinafter referred to as "the Contractor," whose principal office is located at 14220 Interurban
Avenue S" Suite 134, Tukwi!a, Washington 98168.
\VHEREAS, the City has determined the need to have certain services performed for its citizens but
does not have the manpower or expertise to perform such sen'ices, and
\VHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions, now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed bv Contractor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State,
and local statutes, rules and ordinances applicable to the performance of such services and the handling of
any funds used in connection therewith. The Contractor shall request and obtain prior written approval from
the City if the scope or schedule is to be modified in any way.
2. Comp'ensation and Method of Pavment. The City shall pay the Contractor for services
rendered by quarterly billing of $5,000 each during the calendar year 2005. The total amount to be paid
shall not exceed $20,000.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement
. within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
\ City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing January 1,2005 and ending December 31,2005, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall
be considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor 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
othenvise deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or othenvise assuming the duties of an employer with respect to the Contractor, or any employee
of the Contractor.
6, Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, including attorney's
fees, arising from injury or death to persons or damage to property occasioned by any act, omission or
failure of the Contractor, its officers, agents and employees, in performing the work required by this
Agreement. With respect to the perfonnance of this Agreement and as to claims against the City, its
officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised
Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim
brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the
parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its
agents and employees. To the extent any of the damages referenced by this paragraph were caused by or
resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify,
defend and hold hannless is valid and enforceable only to the extent of the negligence of the Contractor, its
officers, agents, and employees.
7. Record Keeping and Reporting
A. The Contractor shall maintain accounts and records, including personnel, property,
financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of
any nature expended and services perfonned in the perfonnance of this Agreement and other such records as
may be deemed necessary by the City to ~nsure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof
unless pennission to destroy them is granted by the office of the archivist in accordance with RC\V Chapter
40.1 4 and by the City.
8. Audits and Inspections. The records and documents with respect to all matters covered by
this Agreement shall be subject at all times to inspection, review or audit by law during the perfonnance of
this Agreement.
9. Termination. This Agreement may at any time be terminated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract tennination. If the Contractor's insurance coverage is canceled
for any reaso!', the City shall have the right to tenninate this Agreement immediately.
10. Discrimination Prohibited. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be provided under this
; Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of
. any sensory, mental or physical handicap.
11. Assignment and Subcontract, The Contractor shall not assign or subcontract any portion of
the services contemplated by this Agreement without the written consent of the City.
12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto
and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed
to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed
changes which are mutually agreed upon shall be incorporated by wTitten amendments to this Agreement.
13. Notices. Notices to the City of Tukwi I a shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
TukwiIa, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below.
14, Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding
is instituted to enforce any tenn of this Agreement, the parties specifically understand and agree that venue
shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled
to its attorney's fees and costs of suit.
DATED this
day of
,2005.
CITY OF TUKWILA
CONTRACTOR:
Southwest King County Chamber of Commerce
BY:
Title: General Manager
Mayor, Steven M. Mullet
Printed Name: Nancy Damon
A TIEST/AUTHENTICA TED:
ADDRESS:
Jane E. Cantu, CMC, City Clerk
MAILING ADDRESS: P.O. BOX 58591
Seattle, W A 98138
APPROVED AS TO FOR1Yf:
Office ofthe'City Attorney
)BY:
EXHIBIT A
Southwest King County Chamber of Commerce/City of Tukwila
2005 Scope of Services -- Standard Services
Service A: At the City's request or on Chamber initiative, assist the City with coordinating and
promoting projects and events designed to enhance economic development. The Chamber \\ill participate
as a committee member; provide research materials rrom other economic development agencies; and
assist y,ith staffing as requested.
Service B: The Chamber will serve as an information center, responding to inquiries received locally and
rrom around the world with regard to relocating, locating a business, demographic information, City
projects, facilities and services. All inquiries will be tracked by type and origin; fulfillment will be \\ithin
ten working days.
Service C: The Chamber will serve as an information center, track and forward ail visitor information
inquiries received locally and from around the world with regard to visitor information packet requests,
general tourism inquiries, hosting a meeting or special event, group travel leads, hotel reservations, tour
groups, etc. to Seattle Southside Visitor Services. Chamber will work with Seattle Southside Visitor
Services to develop mutually agreed upon procedures for handling referrals.
Service D: At the City's request or on Chamber initiative, assist the City in coordinating and promoting
projects and events designed to enhance support and enthusiasm and foster a spirit of community \\ithin
the City (such as a city-wide clean-up effort; encourage businesses to keep their properties clean and litter
rree). The Chamber will participate as a member of the Equity and Diversity Commission.
Service E: Upon the City's request, the Chamber will assist in development, distribution, and display of
publications and promotional pieces, community profiles, maps and other iterm.
Service F: The Chamber will establish an Internet link between the City and Chamber web pages to
better serve relocation prospects and businesses.
Service G: Advise and assist members of Tuk\vila's Domestic Violence Committee and support and
coordinate with the City to promote ending domestic violence for the City ofTuk\vila.
Service H: The Chamber will serve as liaison between the City and the business community \vith regard
to issues such as the implementation of grow1h management requirements, the Regional Transit Project,
the Commute Trip Reduction Law, Six-year Parks and Open Space Plan, and other major issues affecting
business.
Service I: The Chamber will assist the City with promotion and maintenance of the Highway 99 Action
Committee.
Service J: Until directed otherwise by the City, the Chamber will continue to strive to build partnerships,
between the residents, the businesses, the City, and local school districts.
Service K: The Chamber wiII act as a sounding board and information source for issues associated with
economic vitality, development, and other matters related to the City's economic development policies.
Finance and Safety Committee
January 18, 2005
Present: Dennis Robertson, Chair; Pam Carter, Dave Fenton
Alan Doerschel, Kevin Fuhrer, Dave Haynes, Lucy Lauterbach
~ 1. ~005 Chamber Contract The 2005 Chamber of Commerce contract has the s~e provisions
1'- as the 2004 contract had, at the same cost. The cost has stayed the same for many years. The
Committee members had no issues with the contract, and recommended it straight to Council.
Recommend contract for approval at a Re2:ular Council meetin2:.
2. Committee Procedures Dennis c'omplimented Dave on his committee leadership last year,
and said he would run meetings in a similar manner. Meetings will start on time, and all will try
to make the meetings if possible. Agenda items will be cleared with the chairman ahead of
publishing. Dennis wanted to hear from Rhonda, the two Chiefs, Finance, and any other
committee staff what issues they would like to be discussed at committee. Information.
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C~
Committee approval