Loading...
HomeMy WebLinkAbout26-065 - Contract - Swift Group, Inc. - Contract - 2026 World Cup Event ManagementCity of Tukwila • 6200 Southcenter Boulevard, Tukwila WA98188 D. CONTRACT FOR SERVICES Contract Number: 26-065 Council Approval 2/2/26 This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Swift Group, Inc., hereinafter referred to as "the Contractor," whose principal office is located at 4111 East Madison Street, Suite #125, Seattle, WA 98112. WHEREAS, 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 services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference 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. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $802,278. 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 Aareement. This Agreement shall be in full force and effect for a period commencing February 3, 2026, and ending September 30, 2026, 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 otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall 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 in connection with the 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 Contractor and the City, its officers, CA Revised May 2020 Page 1 of 13 officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $3,000,000 each occurrence, $5,000,000 general aggregate and $5,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. To obtain the required amounts of liability coverage, the Contractor has the option of obtaining Excess Liability coverage and/or an Umbrella policy, provided all other requirements of this Section 7 are met. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. City Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the City 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 City evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute 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. Contractor shall furnish the City with original certificates and a copy of CA Revised May 2020 Page 2 of 13 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 Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the City is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Code of Conduct and Professional Standards The Contractor, and any of their employees, agents, or subcontractors, shall conduct themselves in a professional, safe, and respectful manner at all times while performing services under this Agreement or while present on City property. The Contractor shall comply with all City policies, procedures, codes of conduct, and safety rules applicable to City contractors and program instructors. Prohibited conduct includes, but is not limited to: • Aggressive, threatening, or hostile behavior • Physical assault or unwanted physical contact • Verbal abuse, harassment, or discrimination • Sexual abuse, • Theft, fraud, or misuse of City property • Behavior that endangers participants, staff, or the public • Conduct that damages the City's reputation or disrupts City operations • Any actions inconsistent with the safe and effective delivery of the program Violation of this section constitutes a material breach of the Agreement. CA Revised May 2020 Page 3 of 13 11. Termination A. Termination for Convenience (City). The City may terminate this Agreement at any time and for any reason by providing thirty (30) days' written notice to the Contractor. B. Termination for Convenience (Contractor). The Contractor may terminate this Agreement by providing thirty (30) days' written notice to the City prior to the commencement of services. C. Immediate Termination for Cause. Notwithstanding the above, the City may immediately terminate this Agreement, without prior notice, if: • The Contractor violates Section 10 (Code of Conduct and Professional Standards); • The Contractor engages in misconduct, unsafe behavior, or negligent performance; • The Contractor's conduct poses, or is reasonably believed to pose, a threat to the safety, well-being, or experience of participants, staff, or the public; • The Contractor commits any act that materially impairs their ability to perform the services under this Agreement; • Failure to provide products or services on schedule; or • Contractor's insurance coverage is canceled for any reason. Upon immediate termination for cause, no additional notice period shall be required. D. Compensation Upon Termination. In the event of termination, the Contractor shall be paid only for services properly performed prior to the effective date of termination, and for reimbursable expenses previously authorized in writing. All such compensation may be subject to reimbursement as set forth in Exhibit B to this Agreement. Compensation shall not exceed the maximum amount specified in this Agreement. 12. Discrimination Prohibited. The Consultant, 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. 13. Assianment 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. 14. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 15. 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 CA Revised May 2020 Page 4 of 13 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 17. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this 5th day of March _,2026 . CITY OF TUKWILA CONTRACTOR: Signed by: II By BM Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Signed by: EBD�4'F'FG;484 ... Andy Youn-Barnett, City Clerk APPROVED AS TO FORM: Signed by: n V d ftlt 2_ Office of the City Attorney Printed Name: Becki Culbert Title: Principal Address: 4111 E Madison #125 Seattle WA 98112 CA Revised May 2020 Page 5 of 13 Exhibit "A" Scope of Service City of Tukwila World Cup 2026 Event Project Planning, Support and Delivery I. Project Overview Contractor will serve as an event producer to deliver a series of engaging, community -focused events in Tukwila during the FIFA World Cup 2026and related promotional campaigns. II. Key Events for Swift to Deliver for City of Tukwila Contractor is responsible for delivering three specific events for the 2026 World Cup for the City of Tukwila. The events are the Southcenter Block Party, Westfield Southcenter Viewing Lounge, and Westfield Southcenter Turf Fest, further discussed below. Contractor's role is to serve as the lead in the planning, delivery, and execution of the events. Contractor shall be responsible for all third -party support needed to deliver the specific events (experiences), including but not limited to: identify and execute contracts, vendors, location, staffing, entertainment, food trucks, and food vendors to support the activations for the 2026 World Cup, as needed. Contractor shall also be responsible for taking down following conclusion of the events. a. Southcenter Block Party Summary: The City will host a large public event in the Southcenter District at or near Westfield Southcenter Mall. The block party may be located on the City's right of way and/or on adjacent private property. The event will attract visitors to the area and promote Tukwila and the upcoming World Cup events in the region. The Block Party will feature food trucks offering a variety of international cuisines, live music, performance, and dancing. The event will culminate with a signature World Dance event, which will feature dance performances and lessons for attendees. i. Date: June 13, 2026 ii. Southcenter Venue: The Southcenter Block party shall be located in the Southcenter District near Westfield Southcenter and could include using adjacent public streets. iii. Timing/Duration: At least a nine (9) hour event, with the exact start and end times to be determined through the planning process. iv. Logistics and Setup: Contractor is solely responsible for all logistics for the block party including securing all staffing, traffic control & pedestrian safety infrastructure, food, beer garden services, security, entertainment (including dance), set up and take down, custodial service, and other logistical requirements to operation of the block party. v. Format: All -day block party celebration for Tukwila residents and visitors in the Southcenter District for Tukwila residents and visitors leading up to the World Cup in 2026. vi. Activities: Activities might include, but are not limited to, food trucks, beer garden for adults, family -friendly activities, dance lessons, musical and dance performances. Contractor is responsible for procuring (contracting) all vendors, support services, security, and third party services for the Block Party and World Dance party. vii. Licensing and Permits: Contractor shall obtain the required licenses to stream the World Cup matches. Contractor shall also obtain all required permits from the City of Tukwila Department of Community Development, City of Tukwila Public Works, Puget Sound Fire, and/or any other governmental entity with permit authority for the event. CA Revised May 2020 Page 6 of 13 b. Westfield Soccer Viewing Lounge Summary: Instead of a traditional outdoor viewing party, the City intends to create an indoor viewing lounge in the old Sear's building space at Westfield Southcenter. i. Date(s): June 11, 2026 through July 19, 2026. ii. Timing/Duration: All World Cup games during normal operations of the mall (Monday - Saturday, 10:00 AM — 9:00 PM; Sunday, 11:00 AM — 7:00 PM). iii. Westfield Soccer Viewing Lounge Venue Matches will be screened in the viewing lounge on the 2nd story of the old Sears (the "Viewing Venue"). iv. Format: The Viewing Venue will have seating and standing areas, and will include multiple TVs and large screen displays. Note: This will be free and open to the public, with no commercial activity (no sale of food or beverages) in the lounge, but guests may bring outside food and beverages into the lounge. The viewing venue will have two specific formats: Passive Viewing. The Venue will be open to members of the public to watch select World Cup matches. Games viewed may be in the Seattle area or any other FIFA match taking place for the 2026 World Cup. • Soccer Celebration. On select games, to be mutually agreed by the City and Contractor, the Venue will include more festive activities to celebrate soccer, the World Cup, and the Tukwila community. The soccer celebrations could include DJ, host, fun contests, and other activities create celebration like event. Logistics and Setup: Contractor shall be responsible for setting up the physical set up of the Venue which would include multiple TVs and large screens for viewing of World Cup matches during the World Cup. Multilingual broadcast options to increase accessibility shall be provided, if possible. Contractor is required for securing all staffing, security, entertainment, DJs, custodial service, and other logistical requirements to operate the space. vi. Licensing and Permits: Contractor shall obtain the required licenses to stream the World Cup matches. Contractor shall also obtain all required permits from the City of Tukwila Department of Community Development, City of Tukwila Public Works, Puget Sound Fire, and/or any other governmental entity with permit authority for the event. C. Outdoor activations at mall (Tentative Dates) Contractor shall organize a "Turf Fest" at Westfield Southcenter on mutually agreed dates during the World Cup. Space, including mini -soccer fields, is to be provided by Westfield Southcenter. Contractor's role shall be as followed: Organize fun, safe, and inclusive soccer activities on the soccer mini -pitches. Provide a DJ or other musical experiences. ii. Provide staffing, including security. iii. Secure food trucks or other food vendors for the space. iv. Secure and activate other fun activities for the "Turf Fest" which might include, but is not limited to, bubble Soccer, inflatable Foosball, inflatable Billiards (soccer style), beach Volleyball with Giant Inflatable Soccer Ball , flag -making & scarf Decorating Stations, flags of Nations Parade (first match only). To reduce costs, the City may CA Revised May 2020 Page 7 of 13 allow Contractor to use some city activities and requirement in the City's possession for the Turf Fest. v. Coordinate and contract with Westfield Southcenter for the space. III. Regional Marketing Events Summary: Contractor will secure marketing opportunities at Westfield Southcenter to promote the activations listed above. Concept Highlights: • Timing: February through July 2026 • Marketing Opportunities: Contractor will secure and produce indoor and outdoor signage at and near Westfield Southcenter, secure local athlete engagement, and/or and other marketing activities to promote the event. The design of all signage to be approved by the City and utilize official City adopted branding for the World Cup. IV. Planning Activities to be Provided bV Contractor To accomplish the activations and the regional marketing events outlined above, Swift Group will provide approximately nine months of planning and staffing for the City of Tukwila to prepare and plan for the FIFA World Cup activities. a. Description of Deliverables Swift Group will provide comprehensive event planning for the City of Tukwila's 2026 World Cup initiatives, including: Master Planning Develop a Master Activation Plan for the Activations and regional marketing events outlined above. ii. Produce Workback Schedule & Milestone Tracking Build a timeline aligned with key FIFA match dates and city objectives, incorporating vendor deadlines, permitting, and promotional rollouts. iii. Budgeting & Cost Estimates Provide detailed cost projections for each activation (e.g., World Dance Block Party, Viewing Lounge, Turf Fest, and Teaser Promotions), including contingency planning for scope changes. iv. Project Management Provide overall project management to the City to support the City's World Cup initiative. v. Sponsorship & Partnership Program Design tiered sponsorship packages and identify partnership opportunities for the city to possibly secure with local businesses, sporting brands, and community organizations. Sponsorship and partnerships for the Westfield Soccer Viewing Lounge will be subject to any restrictions placed by FIFA regarding public viewing of 2026 FIFA World Cup games. vi. Creative Development & Marketing Strategy Collaborate with City stakeholders and True Blue to develop teaser campaigns, countdown activations, branded signage, and influencer engagement. True Blue will provide overall marketing and creative support for the City's entire World Cup activities. Swift will coordinate marketing activities at Westfield Southcenter and also make recommendations for promoting the Southcenter Block party and Westfield Soccer Viewing Lounge within the greater Seattle Area. True Blue to provide branding and creative services for any marketing collateral. CA Revised May 2020 Page 8 of 13 vii. Venue & Vendor Management Identify and when necessary secure space for the events outlined above. (e.g., Sears Building space at Westfield Southcenter Mall) and secure and manage all necessary contracts for staging, lighting, video displays, furniture, furnishings, custodial/janitorial, maintenance/repair, catering, onsite entertainment, and other related technical installations. All contracts between Swift and any vendor or subcontractor shall require insurance coverage as set forth in Section 7 of this Agreement viii. Roles & Responsibilities Alignment Define responsibilities across Swift Group, City departments, Parks & Recreation, and mall personnel, and volunteers for City review and approval. ix. Event Production & Onsite Management Oversee logistics for major activations, including viewing lounge (June—July 2026), block party (June 13), and ancillary events at soccer pitches. Secure and execute contracts as needed, including for staffing, security, janitorial services, DJs, entertainment, and other operational activities for the events outlined above. Soccer pitches at Westfield Southcenter to be secured by others and is not the responsibility of Swift. x. Community Engagement Initiatives Secure, activate, and operate family -friendly experiences (e.g., HD soccer simulator, scarf decorating, prize wheels) and cultural elements (e.g., Flags of Nations Parade, dance lessons). Execute contracts as needed. xi. Weekly Planning Syncs & Reporting Facilitate weekly meetings, provide progress updates, and deliver post -event ROI analysis and success measurement reports. xii. Risk Mitigation & Planning Develop and implement a risk management plan for the events. Risk management plan to be reviewed and approved by the City. The risk management plan to include provisions for security, safety of a patrons and staff at all events reflected in this Scope of Work, including emergency and evacuation procedures in the event of an active threat, fire alarm activation, civic unrest/disturbance, inclement weather, natural disaster, etc. xiii. Wrap Up Reporting & Meeting Provide a detailed draft and final summary report for all World Cup events to the City of Tukwila that includes: Analysis of event outcomes against objectives and key performance indicators (KPI's). KPIs to include: ■ Number of attendees ■ Number of partnerships. • Examples of earned media. • Online engagement. o Provide copies of final payments showing zero balance to vendors hired by Contractor. o Noteworthy logistical challenges, operational inefficiencies and audience engagement gaps CA Revised May 2020 Page 9 of 13 0 Demonstration of Return on Investment (ROI)- tangible and intangible value of the event for sponsors, stakeholders and the City 0 Attendance and Attendee Insights- track registration versus actual attendance, attendee demographics, first-time versus returning participants, and engagement levels with sessions or activities. Summarize survey responses, testimonials, sentiment analysis and recurring themes. Highlight areas that were especially well-received and areas needing improvement. 0 Data driven insights to guide marketing, programming and operational decisions for future events at Westfield Southcenter and the Southcenter District. 0 Financial Review- provide a detailed breakdown of expenditures and cost per attendee. 0 Sponsor and Exhibitor Impact- report on sponsor exposure, interactions and ROI. Compare sponsor performance across tiers (do we have them?), and include qualitative feedback. 0 Include charts, graphs, photographs, news media, social media highlights and downloadable survey data. Initiative a post event/after-action meeting to present the preliminary draft report for City consideration and review. Revise and finalize the report and submit to the City. b. Term and Delivery February 3, 2026 -July 30, 2026 General Provisions A. Background Checks. Contractor shall be responsible to ensure that its employees and contractors or sub -contractors who will interact with the public will undergo a background check. The Contractor shall ensure that criminal background checks and professional reference checks are conducted on all employees, volunteers, vendors, and independent contractors who may have unsupervised access to vulnerable populations, in accordance with applicable state law. The Contractor shall maintain documentation of such checks and provide evidence of compliance upon request. B. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by Contractor 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, and the City may use such materials in perpetuity. Contractor shall be permitted to retain copies, including reproducible copies, of said documents, drawings, and specifications only for information, reference and use in connection with Contractor's endeavors. C. Contractor's Use of City Intellectual Property. Contractor will not use, reproduce, transmit, copy, distribute, alter, modify, register, or incorporate any trademark, service mark, logo, seal, flag, official insignia, name, icon, copyright, patent, design, or domain name of the City without prior written permission of the City or its designated representative. Upon receipt of such permission, Contractor shall coordinate all logo use with Brandon Miles, Director Strategic Initiatives and Government Relations or designee. D. Third Party Intellectual Property. Contractor shall at all times ensure compliance with restrictions on the use of other parties' intellectual property, such as FIFA, the Seattle FIFA Organizing Committee, and any soccer national team. CA Revised May 2020 Page 10 of 13 Exhibit "B" Compensation The City shall pay the applicable fee associated with Swift's services and costs associated with event production that Swift incurs to fulfil its obligations under this Agreement. Swift is solely responsible for the management and payment of any and all third -party vendors hired to assist with event production. Staffing Costs Total anticipated staff costs for the Contractor's event planning are $415,000, as shown below. The City shall pay the Contractor the flat fees for staffing shown in the table below on a monthly basis. Such payment shall be made no more than thirty (30) days after completion of the relevant month. The City and Contractor shall look for opportunities to reduce staff costs as appropriate. In the event of termination, the City shall pay only for monthly staff costs previously incurred prior to termination. Contractor Staffing $0-$99K Senior Event Manager Event Manager Event Producer Event Logistics Support Invoice Amount February 22,143.00 19,286.00 41,429.00 March 22,143.00 19,286.00 19,000.00 60,429.00 April 22,143.00 19,286.00 19,000.00 60,429.00 May 22,143.00 19,286.00 19,000.00 60,429.00 June 22,143.00 19,286.00 19,000.00 15,000.00 75,429.00 July 22,143.00 19,286.00 19,000.00 15,000.00 75,429.00 Totals: 132,858.00 1 115,716.00 1 95,000.001 30,000.001 373,574.00 The City shall only be required to make payment for the staff positions shown in the table above. To the extent that the Contractor is required to hire staff to fill any of the positions shown in the table above as the project progresses, the Contractor may not hire or assign any staff not shown in the table above without the City's prior written consent. Event Costs The City shall pay for actual costs borne by the Contractor in the production of the events described in Exhibit "A", plus a 15% service charge. All costs are to be pre -approved by the City prior to being incurred. A conceptual budget is included with Exhibit "13-1," and the Contractor and City shall work to bring on third party sponsors to reduce the City's financial contribution. If savings can be made through sponsorships, scope reduction, vendor selection, or by other means, the City shall retain 100% of any projected savings. The Contractor shall submit invoices and documentation on a monthly basis to the City for all event costs incurred in the prior month and for which Contractor seeks reimbursement from the City. Upon certification by the City that all submitted event costs are acceptable and were properly preapproved, the City shall make payment to Contractor for event costs within thirty (30) days of receipt of such invoices and documentation. A summary of the types of costs anticipated for each event is provided below City shall also provide processing fee for all third -party invoices as follows: Invoice Total $0-$99K $100-$249K $250k -$500K $501-$1 million Processing Fee 15% 13% 10% 7% Payment Conditioned on Performance CA Revised May 2020 Page 11 of 13 All payments made by the City to the Contractor pursuant to this Agreement are conditioned upon the Contractor's successful execution of the three key events listed in Section II of Exhibit A to this Agreement: (1) Southcenter Block Party, (2) Westfield Soccer Viewing Lounge, and (3) Turf Fest. Payment for all costs and services, including planning and promotional activities, shall be deemed fully earned only upon substantial completion of the corresponding events. If any of the three events listed in Section II of Exhibit A to the Agreement is not held or is materially incomplete due to Contractor's failure to perform, the City may require reimbursement of amounts paid, as detailed below. If an event is partially completed, reimbursement of costs and payments may be prorated based on the percentage of the event not performed. Reimbursement of Staffing Costs If the Contractor fails to perform and/or execute any of the three events listed in Section II of Exhibit A to this Agreement, any payments made for staff costs associated with such event(s) shall be deemed unearned and shall be reimbursed to the City. The parties agree that the tracking and calculation of staff time spent on each of the three events is impractical and administratively burdensome, and therefore, the parties agree that staffing costs shall be reimbursable at the rates listed below. The parties agree that these rates represent a reasonable estimate of the staffing costs attributable to each event: Event Percent of total staffing costs paid by the Cit Southcenter Block Part 30% Westfield Soccer Viewing Lounge 66% Turf Fest 4% Reimbursement of Event Costs If the Contractor fails to perform and/or execute any of the three events listed in Section II of Exhibit A to this Agreement, any payments made by the City to the Contractor for the costs of such event(s) shall be deemed unearned and shall be reimbursed to the City. The amount reimbursable to the City under this section shall be the actual amount paid by the City to the Contractor for the costs of the relevant event(s). Force Majeure The Contractor shall not be liable for reimbursement, repayment, or any other return of amounts paid by the City for staffing costs or event costs under this Agreement if an event (or events) is (are) cancelled or cannot be performed due to Force Majeure or at the direction or request of the City. For purposes of this Agreement, "Force Majeure" means an event or circumstance beyond the reasonable control of Contractor, including but not limited to acts of God, natural disasters, fire, flood, earthquake, severe weather, epidemic or pandemic, public health emergency, war, terrorism, civil unrest, labor disputes not involving Contractor, governmental orders or regulations, or failure of utilities or transportation systems. In the event of cancellation due to Force Majeure or City direction, the Contractor shall promptly notify the City and shall use commercially reasonable efforts to mitigate costs and minimize any further expenditures related to the event. CA Revised May 2020 Page 12 of 13 City of Tukwila World Cup 2026 Event & Operational Costs Exhibit B.1, Conceptual Budget CA Revised May 2020 Page 13 of 13 Operational Costs Vendor Description Amount World Block Party Decor PJ Hummel Lounge areas for soccer match viewing, multiple activations, and relaxation $80,000.00 Includes all operational, staffing, and event costs associated with the events based on confirmed dates AV Flame Productions 4-6 screens to play soccer matches during World Cup with English and Spanish available $25,D00.00 $408,825.00 Security Allied Universal 2 x Security guards for each event based on the confirmed schedule. $8,000.00 Housekeeping N -SI Cleaning services for after each event based on the confirmed schedule. $5,000.00 Budgeted Amount Staffing Winston Onsite support for viewing parties based on the confirmed schedule. $8,500.00 Operations and Buildout: $126,500.00 Activations 10 N C fV 3 Gl C 3 Giveaway items Soccer simulator Halo HD Sports Suite Giveaway items could potentially include: hats, scarves, pins, refillable water bottles (co -branded or branded) Soccer simulator as potential activation during viewing party events $45,000.00 $5,000.00 Aciviations: $50,000.00 Marketing Westfield Signage True Blue Assets displayed in Westfield South—ter mall $50,000.00 Barricade Signage National Barricade Signage to be displayed on barricades outside of Sears $5,000.00 Murals & columns Arts Commission Artwork on walls of Sears space and columns for World Cup commissioned by City of Tukwila $1,000.00 Content Marketing $56,000.00 Video production Includes videographer and photographer onsite for viewing party Flame Productions events to capture footage $10,000.00 Post -production Flame Productions Includes editing assets for social media, promotional purposes, and marketing $5,000.00 Content: $15,D00.00 Totalfor Viewing Parties $247,500.00 15% Contigency 15% $37,125.00 Total including Contingency $284,625.00 World Block Party Event Operational Costs Stage Flame Includes lights, sound, labor $30,000.00 Screen(s) Flame LED backdrop screen for stage $10,000.00 Power Flame Generator (and backup) $8,000.00 Beer Garden Flame Includes tent, high -boy tables, fencing, beer trailor $10,000.00 TV Feed Flame Internet & setup to play game (hardire internet, satelie, comcast) $5,000.00 Decor Flame Branded stage scrims, flags, etc. $10,000.00 Forklift Flame Ready to move eco blocks, etc. $1,000.00 Medical Tent TBD 10x10 tent w/walls $1,000.00 Security TBD 4 security gaurds ($75 per hour * 10 hours each) $3,000.00 Portable Restrooms TBD 5 standard and 1 ADA ($150 per) $1,000.00 Waste Management TBD Dumsters, garbage cans, recycling $3,000.00 3 Activations ti Talent Flame or Adam DJ/Host (therefrom Ilam-IOpm; 11 hours) $5,000.00 Talent Flame or Adam Bandl $5,000.00 Talent Flame or Adam Bandl $2,500.00 Talent Flame or Adam Band $2,500.00 Giveaway items TBD Marketing Flyers to be available / handed out at the June 11 and 12 events (1,000) $3,000.00 TBD TBD TBD Total for Block Party $100,000.00 15% Contingency 15% $15,000.00 Total including Contingency $115,000.00 Rave Soccer Pitch Activation Soccer Pitch Costs Activations TBD Placeholder for any potential activations on Rave Foundation pitches $5,000.00 Staffing Swift Group Support staff for any activations during 7/11-7/13 window for pitches $3,000.00 46 Total for Block Party 1 8,000.00 15% Contingency 15% 1 $1,200.00 Total including Contingency I i 1 $9,200.00 CA Revised May 2020 Page 13 of 13 Viewing Parties Includes all operational, staffing, and event costs associated with these events based on confirmed dates $284,625.00 World Block Party Includes all operational, staffing, and event costs associated with the event based on confirmed date $115,000.00 — Soccer Pitches Includes all operational, staffing, and event costs associated with the events based on confirmed dates $9,200.00 Grand Total $408,825.00 Swift Surchage 15% $61,323.75 Swfit Staff $332,129.00 Budgeted Amount $802,277.75 CA Revised May 2020 Page 13 of 13