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HomeMy WebLinkAbout10-064 - Seattle Sports Commission - 2010 Sports CampaignCONTRACT FOR SERVICES Crt Soicce Contract No.10 06 4 Council Approval N/A 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 Seattle Sports Commission, a 501(c)(6) non- profit organization, hereinafter referred to as "the Contractor whose principal organization contact is located at 701 Pike Street, Suite 800, Seattle, WA 98101, http: /www.seattlesports.ori. WHEREAS, the City is designated as the Administrator responsible for administering this contract for services with the cities of SeaTac, Kent and Des Moines to provide tourism and marketing services under the program name Seattle Southside Visitor Services "SSVS WHEREAS, SSVS desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, WHEREAS, SSVS has determined the need to have certain services perfoiuued for SSVS's tourism development program but does not have the manpower or expertise to perform such services; and 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. 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 compensate the Contractor upon receipts of reports and invoices for services rendered according to the method set forth in Exhibit B here to attached and incorporated herein by reference.. The Contractor shall use the Event or Facility Lodging Tax Expenditure Report Form (Exhibit B) in conjunction with the annual Invoice Form (Exhibit C) to invoice the City only once at the completion of this Agreement. The total amount to be paid shall not exceed $10,000. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2010, and ending December 31, 2010, unless sooner terminated under the provisions hereinafter specified. 4. Independent Contractor. The Contractor and the City agree that the 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 the Contractor nor any employee of the 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. Page 1 of 9 5. Indemnification. The Contractor shall indemnify, defend and hold harmless the City and SSVS, 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 perfoiniing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City and SSVS, 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 or SSVS, 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 or SSVS, 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. 6. 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 and SSVS 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. 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 perfolined 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 SSVS. 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 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. If the Contractor's insurance coverage is canceled for any reason the City shall have the right to terminate 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. Page 2 of 9 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 written amendments to this Agreement. 13. Notices. Notices to the City and SSVS shall be sent to the following addresses: City Clerks Office City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 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 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 l CITY OF TUKWILA By: m Ha eon, City o wila 6200 uthcenter i oulevard Tukwila, WA 98188 Attest/Authenticated: 8 0' Christy O'Flaherty, CMC Cit Cler Approved as to Form: Of fce City)Atf rney day of _aped' 20 /O CONTRACTOR: Seattle Southside Visitor Services Attn: Katherine Kertzrnan 3100 S 176 St Seattle, Washington 98188 2 By: Ralph Seattle Sports Commission 701 Pike St. Suite 800 Seattle, WA 98101 on, Executive Director Page 3 of 9 PURPOSE OF FUNDING The Seattle Sport Commission "SSC will use the money for implementing its marketing strategy for developing an economic impact for Seattle Southside Visitor Services "SSVS Funds will be used for services and marketing expenses associated with achieving results. WORK PLAN The mission of the SSC is to provide a positive economic impact on the region through sporting events and attractions. The goal is to develop the Seattle southside community and the greater Puget Sound region into a premier sports and recreational destination. The SSC works to market and book sports events by partnering with cities, companies, professional teams, and amateur and professional organizations for the purpose of enhancing employment opportunities and the economic prosperity of the region. Through this agreement, the SSC will work with SSVS to assist and represent the area in creating, attracting, evaluating and promoting sports and recreational events that have an economic impact on the community. 2010 Events: 1. 2010 RIDE Shakedown 2. 2010 NCAA Division I Women's Basketball Championship 1 2nd Rounds 3. 2010 LIVESTRONG Challenge 4. 2010 Rock `n' Roll Seattle Marathon and 1/2 Marathon 5. 2010 SUBWAY® Washington Games 6. 2010 US Senior Open 7. 2010 Boeing Classic 8. 2010 US Amateur Championship 1. Service Booked Business EXHIBIT (A) The SSC will work collaboratively with SSVS to assist event organizers with booked business if needed, through the following: Serve as a liaison between event rights holders, sports facilities and hotels, ground transportation and any related service providers, as requested by SSVS. Offer assistance with media function, i.e. press releases, press conferences, etc. Recommend key contacts within the community, i.e. government, local businesses, etc. Provide SSVS destination information. Service the local sports industry, meeting the objectives of franchises, universities sports organizations and Southside athletic venues. Assist SSVS with the evaluation of bid opportunities. Compliment the needs and objectives of SSVS. Page 4 of 9 EXHIBIT (A) CONTINUED 2. Aggressively turn pending bids into booked business The SSC staff will continue to lead the bid effort on the events listed below by continuing to facilitate the event bidding process and coordinating the bid team; develop site inspection strategy with local partners. Future/Potential Events and Projects 2011 AVP Pro Beach Volleyball Tour (annual) 2011 NCAA Division I Men's Golf Championship 2011 NCAA Division I Women's Basketball Championship -1 2 Rounds 2012 College Football/Bowl Game 2012 World Cyber Games –Grand Final 2012 Red Bull Air Race World Championship 2012 US Olympic Team Trials— Diving 2012 NCAA Division I Men's Swimming Diving Championship 2012, 2013 2014 Pac -10 Women's Basketball Tournament 2014 NCAA Division I Men's Basketball Championship 1 2 Rounds 2014 National Sports Forum 2015 US Open 2018/2022 FIFA World CupTM 3. Explore and develop other bid opportunities as they arise The SSC staff will help facilitate the event bidding process, including but not limited to the following: bid preparation, distribution of bid proposals and coordination of the bid team; host site inspection by coordinating sports facilities, hotels, ground transportation and related service providers; and meeting the bid deadline. 4. Target Utilization of SSVS Venues The SSC staff will work with SSVS and other venues in the area to bring events to Seattle Southside that will increase the utilization of key venues. Sporting Facilities in Seattle Southside City, State and Federal Parks Starfire Sports Complex at Fort Dent Park Tukwila o Four grass fields, four lighted FIELDturf fields including a 2,000 -seat stadium, specialized training areas and indoor athletic center featuring two FIELDturf soccer fields. o Four premiere fields with elevated viewing and concession stand Russell Road —Kent o Sports Illustrated selected Kent as the Sports Illustrated 50th Anniversary Sportstown for the state of Washington o Baseball /softball, bleachers, concession stand, play equipment Steven Underwood Memorial Park —Des Moines o Newly completed three adult softball fields Page 5 of 9 EXHIBIT (A) CONTINUED Celebration Park Federal Way o 4- lighted batting fields with bleachers, restroom and concession building o 4- lighted soccer fields with restrooms and concession building o children's playstructure, trails and pathways Weyerhaeuser King County Aquatic Center Federal Way o The Weyerhaeuser King County Aquatic Center is a legacy venue of the 1990 Seattle Goodwill Games. The facility maintains one of the most active competition schedules in the country hosting more than 50 events annually. It has been the site of Olympic Trials, top national and international competitions, and the Pacific Northwest's premiere events. A recent economic study conducted for King County measured the financial impact of these events in excess of $7.5 million annually New Kent Events Center: ShoWare Center SeaTac Park SeaTac o Three baseball /softball fields, two outdoor soccer fields o Sunset Playfields and Valley Ridge Park also located in SeaTac Sunset Playfields include 4 baseball /softball fields and one soccer field Valley Ridge Park includes 4 baseball /softball fields and three soccer fields Kent Valley Ice Centre —Kent o Hockey, Ice Skating, and Batting Cages Foster Golf Links— Tukwila o Newly redeveloped 18 hole course with new clubhouse and Gordon's on the Green Restaurant Riverbend Golf Complex —Kent Tyee Valley Golf Course SeaTac o Nine and 18 hole courses, club house, restaurants, driving range, miniature golf Des Moines Marina and Beach Front Park —Des Moines ACME Bowl, Billiards and Events Tukwila o 30 state -of -the -art public bowling lanes. Each lane features lane -side food and drink service, and has a dedicated 36" video monitor Southside Conference and Meeting Facilities 4. Website Links Add the SSVS Event Calendar to the Outside Calendar page, including www.seattlesoorts.or2, www.poweredbvvou.com, www.subwavwashinztonzames.or2. Add locations in the Seattle Southside area to the online directory of venues 5. Bi- Annual Meeting between SSC and SSVS staff person/s the purpose of which is to maximize the partnership between the organizations and optimize cooperative marketing. Page 6 of 9 PAYMENT STRUCTURE SSVS, through the City, shall compensate the SSC for satisfactorily performing the services described in Exhibit A upon receipt of reports and invoices for services. SSC shall use the Invoice Form (Attachment I) to invoice SSVS for up to $10,000.00 and complete the Event or Facility Lodging Tax Expenditure Report Form (Attachment II). CORRECTIVE ACTION If actual performance in any period is inadequate, the SSC shall submit a written narrative outlining barriers to performing at planned levels and a corrective action plan to bring performance into compliance with this Agreement. The corrective action plan shall include, at a minimum, specific actions and timeframes the SSC will implement to address the barriers. If the SSC fails to implement the stated corrective action and performance remains inadequate, the SSC shall be considered not in compliance with this Agreement. SUBMITTAL OF REPORTS Seattle Southside Visitor Services Attention: Katherine Kertzman 14220 Interurban Avenue S., Suite 130 Seattle, WA 98168 EXHIBIT (B) Page 7 of 9 Seattle Southside Visitor Center AGENCY'S INVOICE No. Agency's Name: Seattle Sports Commission Agency's Address: 701 Pike Street, Suite 800, Seattle, WA 98101 Contact Person: Ralph Morton Tel No: (206) 461 -5819 Fax No: (206) 461 -5855 Invoice Date: Invoice Period 1/1/10 to 12/31/10 Project Title: Marketing Seattle Southside Athletic Venues Contract No: Contract Period: Activity /Project Description Budget Billed To Current Balance Date Invoice Remaining Performance Based Activities 1 1 I Subtotal 1 0 Adjustments (Specify Amount) 1 Total Invoice 1 INVOICE CERTIFICATION ATTACHMENT (I) 1, the undersigned, do hereby certify under penalty of perjury, that this invoice represents eligible expenses incurred by the Agency to provide the services rendered or the labor performed in full compliance with the Agreement in the amounts stated. also certify that I am authorized to authenticate and certify to said claim. Ralph Morton, Executive Director Typed Name Authorized Signature Date Payment Source To be completed by OED Staff Contract Fund So Fund So Fund So Fund So Total Budget Payments to Date Net Amount of This Request Contract Budget Balance PAYMENT AUTHORIZATION Amount Authorized for Payment: By Print/Signature Payment Voucher No: Date: Date: Page 8 of 9 1. Organization: 2. This report covers: Event Name: Tourism Facility: ATTACHMENT (II) EVENT OR FACILITY LODGING TAX EXPENDITURE REPORT FORM FESTIVALS, SPECIAL EVENTS AND TOURISM- RELATED NONPROFIT FACILITIES Dates: Dates this report covers: 3. Total Lodging Tax funds allocated to this event or facility: Estimated total event attendance or user count for the facility: Describe methodology used to determine this figure: 4. Estimated total event attendance or user count for the facility: Describe methodology used to determine this figure: 5. Estimated percentage of total attendance for event or facility that were tourists: (A tourist is defined as an individual who traveled at least 50 miles one way or stayed overnight in the jurisdiction.) Describe methodology used to determine this figure: 6. Estimated total room nights generated by tourists: Describe methodology used to determine this figure: 7. Estimated average expenditures within the jurisdiction, per tourist: Describe methodology used to determine this figure: 8. Estimated total expenditures within jurisdiction by all tourists: Describe methodology used to determine this figure: 9. Any other information that demonstrates the impacts of the event or organization, please describe: Date: E -mail or phone: Submitted by: Page 9 of 9