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HomeMy WebLinkAboutCOW 2004-02-23 Item 3B - Contract - 2004 Southwest King County Chamber of CommerceMeeting Date I 2/23/04 CAS Number: 04-023 1 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): COUNCIL AGENDA SYNOPSIS 1 Meeting Date I 2/23/04 mil/ Q Initials Prepared by I Mayor's review I Council review I ARD 1,� Original Agenda Date: 2/23/04 rr r%. Contract for Services with the Southwest King County (SWKC) Chamber for 2004 Council Admin. X Approve at Regular Meeting Annual Contract with SWKC Chamber is essentially the same as the 2003 Contract. Approve as submitted Finance Safety meeting on February 17, 2004 Move forward Same as sponsor $20,000 Hotel/Motel Tax Fund —101 budget Action ITEM NO. 3, AOSENtilagr Medan Date 1 Attachments 2/23/04 I Proposed Contract and attachment (and Contract 03 -1011 2/23/04 Finance Safety Committee minutes from February 17, 2004 CONTRACT FOR SERVICES Contract No. 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 16400 Southcenter Parkway, Suite 210, Tukwila, Washington 98188. 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. Scone 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 by quarterly billing of $5,000 each during the calendar year 2004. 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, 2004 and ending December 31, 2004, 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 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 performance 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 harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keening 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. 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 termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. 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. 12. 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. 13. 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 written amendments to this Agreement. below. BY: 14. 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 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line 15. Annlicable 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 day of 2004. CITY OF TUKWILA CONTRACTOR: Southwest King County Chamber of Commerce BY: Mayor, Steven M. Mullet Title: General Manager Printed Name. Nancy Damon Al 1EST /AUTHENTICATED: ADDRESS: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney EXHIBIT A Southwest King County Chamber of Commerce /City of Tukwila 2004 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 will participate as a committee member; provide research materials from other economic development agencies; and assist with staffing as requested. Service B: The Chamber will serve as an information center, responding to inquiries received locally and from around the world with regard to demographic information, and other issues to be dealt with by the Government Affairs Committee. All inquiries will be tracked by type and origin; fulfillment will be within ten working days. Inquiries regarding locating a business will be immediately forwarded to the Mayor's office at Tukwila. Service C: The Chamber will serve as an information center, track and forward all 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 within the City (such as a city -wide clean -up effort; encourage businesses to keep their properties clean and litter free). 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 items. 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 Tukwila's Domestic Violence Committee and support and coordinate with the City to promote ending domestic violence for the City of Tukwila. Service H: The Chamber will serve as liaison between the City and the business community with regard to issues such as the implementation of growth 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 will 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. accordance with RCW Chapter 40.14 and by the City. Contauct No. A3-- /61 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 the Southwest King County Chamber of Commerce, hereinafter referred to as "the Contractor," whose principal office is located at 16400 Southcenter Parkway, Suite #210, Tukwila, Washington 98188. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the personnel 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. Scone 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. Comnensation and Method of Payment. The City shall pay the Contractor for services rendered by quarterly billing of $5,000 each during the calendar year 2003. 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, 2003 and ending December 31, 2003, 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 indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attomey'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 performance 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 harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keening 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 O R G GALS XC: C1: Fl L jumpeacalist. 8. Audits ana Insuections. 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. 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 termination. 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. Assienment 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 written amendments to this Agreement. 13. 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 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Annlicable 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. CITY OF TUKWILA c DATED this 4 7 day of nefu, 2003. Jl�i`t'ty tN�t's• ��i1�CC'�'� Mayor, Steven M. Mullet ATTEST /AUTHENTICATED: .u.e— 6, 71 -'.ter dar} E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney BY: VZ i. CONTRACTOR: Southwest King County Chamber of Commerce BY: :7 .s,. Title: General Maga Printed Name: Nancy Damon ADDRESS: ■ri1P, I ca//; 1 '4a) IA -*/11/ Finance and Safety Committee February 17, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Jim Morrow, Frank Iriarte, Viki Jessop, Rhonda Berry, Alan Doerschel, Lucy Lauterbach 1. Council Chamber U parades This issue had been to the COW with a request to pare down the costs, which the engineer's estimate had pegged at $664,000 initially. There was some confusion about what a basic package would cost, and the item was referred back to conunittee. There were sketches of how some new equipment would be placed in the room. The new cost of all improvements would be $503,000. The Committee talked about implementing only parts of the plan, or the whole plan. Dennis argued for putting in the bare necessities of the sound system, which staff emphasized as necessary for various upcoming hearings and cases that will need to be transcribed if the system is not improved. Joan said she also wanted to upgrade the audience seating and carpet, and to improve the look of the whole room, which she said gives a poor impression to visitors. To improve the ability to plug in power point computers would move the project more toward doing everything, since once electronics work is started, everything must be torn out and it makes sense to replace things then. Labor and materials costs are mixed together in part of the proposal, and there is a 25% increase for all the labor since it must be done outside of normal work hours. There was also discussion about biting the bullet and upgrading the Chamber once and for all, as no major upgrades have been done since it was built thirty years ago Putting band -aid replacements in as things fall apart could save money now only to cost more later. Both sides of doing little now or doing everything now were touched on, with no final consensus from the Committee. Refer issue to COW. 2. City Administrator Position Viki had drafted an ordinance covering the issue of the city administrator needing to live in the city. A provision was added for the Mayor and Council to be able to waive this condition if they agreed to do so. The Committee supported the ordinance. Recommend ordinance to COW. 3. SWKC Chamber Contract Alan said the 2004 contract was similar to last year's contract, with the same service levels. Joan ensured that Chamber representation on Equity and Diversity was spelled out. The Committee questioned Service B, which had wording about the Chamber having information about "City projects, facility, issues and services Alan will check with the Chamber on that, and instead will perhaps reference the Government Affairs Committee of the Chamber. Recommend Contract to COW. 14. Council Travel Policy With the Council's travel budget having been cut in 2004, the Committee considered ways to deal with it. They agreed there should be justification for all travel, which explains the proposed benefit the Council member will receive from travel. Joan proposed what some other cities have done, which is to divide the travel budget among all the Council members. If each member got a certain amount of money, she/he could plan to use that funding for a trip. If no more money were available, it could be donated from another member's "pot" of money if one person did not intend to use it. However, this system would all 4ach Council member to travel if he /she wanted to do so. Refer to COW. Committee chair approval