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Home My WebLink AboutCDN 2017-06-12 COMPLETE AGENDA PACKETCity of Tukwila Community Development & Neighborhoods Committee O Kathy Hougardy, Chair O Verna Seal O Kate Kruller AGENDA MONDAY, .TUNE 12, 2017 — 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Distribution: Recommended Action K. Hougardy Mayor Ekberg V. Seal D. Cline K. Kruller C. O'Flaherty D. Robertson L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA Contracts for recipients of lodging tax funds: Forward to 6/19 Consent Pg.1 • Seattle Southside Regional Agenda. Tourism Authority (SSRTA) ............. $472,500 • Museum of Flight .. ............................... $50,000 • Starfire Sports ........ ............................... $42,000 Brandon Miles, Business Relations Manager 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, June 26, 2017 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 ( TukwilaCityClerk (a)TukwilaWA.aov) for assistance. TO: FROW CC: DATE: SUBJECT: -V . .. C* I-Okwila I!Y- Allao Ekberg, Mayor Community Development and Neighborhoods Brandon J. Miles, Business Relations Manager Mayor Ekberg June 6, 2'017 Lodging Tax Award Contracts ISSUE Authorizing the Mayor to execute agreements with Seattle Southside Regional Tourisr-ri Authority (SSRTA), Museum of Flight, and Starfire Sports for award of lodging tax fund BACKGROUND On June 5, 2017, the Tukwila City Council approved lodging tax applications for the following third party entities: I�Wvwflwf MEMO . I • WA61*1111i SSRTA is a key partner in the City's efforts to draw overnight guests to the City. SSRTA is the City's lead in marketing the region to out of area guests. A I The Museum of Flight is one of the premier aviation museums in the United States. The City's lodging tax funds, will be used to sponsor several events at the Museum and to support general marketing efforts. Starfire Sports is the epicenter of soccer in the Pacific Northwest. It is estimated that 1.3 million people will visit Starfire this year to play soccer, view soccer, and to participate in other family friendly activities. The City's lodging tax funds wilil be used to support marketing activities by Starfire and to assist the City's in its branding and marketing efforts. DISCUSSION The draft Gontracts implement the scope of works of the lodging tax applications approved by the City Council at its June 5, 2017 Regular Council meeting. All third party recipients of lodging tax funds are required to enter into municipal service contracts with the City, Besides outlining the scope of work to be performed, the contracts also provide indemnification language, require the contractors to maintain insurance, and outline require deliverables to be provided to the City, FINANCIAL IMPACT The total value of the three contracts is $564,500 ($362,000 in 2017 and $202,500 in 2018,), These funds are included in 2017/18 City Budget out of the 101 fund, which is the Ci�ty's Lodging Tax fund, Lodging tax funds are collected at area hotels, motels, and Airbnibs, Under e used for tourism -grornotion activities. No general fund dollars will be used for these three contracts. • "" • • w RECOMMENDATION Authorize the Mayor to execute the three contracts, Staff suggests the three contracts be placed on the June 19t" Consent Agenda. ATTACHMENTS • Graft contracts Seattle Southside Regional Tourism Authority o Museum of Flight * Starfire Sports 2 W1201 "7 Info f emoslOOGING TAX VO rvEMO,doc. City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 WHEREAS, the City is authorized to use the, lodging tax revenue for tourism promotion, as ;Vefined by Chapter 67.28 RCW; and WHEREAS, the Contractor is able to help promote the City to both overnight and day visitors, driving business to Tukwila restaurants, hotels, retailers,, and entertainment establishments', and WHEREAS, on April 25, 2017, the City"s Lodging Tax Advisory Committee considered and approved Contractor's request to obtain lodging tax revenue for tourism promotion; and WHEREAS, on June 5, 2017, the Tukwila City Council concurred with the Lodging Tax Advisory Committee's recommendation to provide lodging tax revenue to the Contractor for tourism promotion; 2nd WHEREAS, it is appropriate for the City to compensate the Contractor for the costs of prornoti tourism (both day and overnight) in the City; I IN CONSIDERATION OF the mutual benefits and conditions, hereinafter contained, the parties hereto agree as follows: Scope and Schedule • Services to be Performed by Contractor. 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, 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, Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. CA Revised 2012 Pagel of 3 2. Authorized Destination Marketi�ng Organization, Contractor shall be an authorized destination marketing organization for the City, Contractor shall not represent itself, either explicitly or i as `i i the City in any iii i efforts with other governmental organizations, i express T i ati 'on of i i i the foregoing, i i' in this section prec:ludes Contractor from iii i efforts on behalf of itself: (and not other governmental organizations. i . w ,i T . M. . i i I • i ♦ T: ., T: it .. i i i i i' ■ ,. ', , .» i . . i •, T i i iTi'T i i TI i� i` i "i i ' i T li II' ii i r li i' ■ i, �i 4. Duration of Agreement. Agreement shall be in full force and effect for peri I commencing 0 and ending . r unless ii terminated i. provisions hereinafter . 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. Each party hereto shall defend, indemnify and hold the rather party, its officers, agents, 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, or arising out of or in connection with the activities described in Exhibit A of this Agreement„ except for injuries and damages caused by the sole negligence of the party at issue. 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 Contractor and the City, its officers, officials, employees, and volunteers, Contractor's and the City's liability hereunder shall be only to the extent of Contractor's or the City's, as applicable, negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Contractor "s and the City's waiver of immunity under Industrial Insurance, Title 1 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. It is further provided that no liability shall attach to the City or the Contractor by reason of entering into this contract except as expressly provided herein. 7. insurance. Contractor shall maintain liability coverage with Washington Cities insurance Authority ( "WCIA") for the full term of this Agreement. Contractor shall provide a letter to the City from WCiA demonstrating coverage prior to requesting first payment. The letter shall be dated within 30 days of the date of the first invoice. The letter shall be submitted directly from W"CIA to the City. A Revised 1 -2013 0 A. Notice of Cancellation. The Contractor shall, provide the City with written notice of any policy cancellation by WCIA, within two businesses days of its receipt of such notice. The City shall have the right to contact WCIA at any time to verify coverage. MA i C. Workers' Coml2ensation. Contractor shall maintain coverage as required by the Industrial Insurance, laws of the State of Washington. D. Subcontractors. Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. B. These records shall be maintained for a period of seven (7) years after termlinatio of unless permission to destroy them is granted by the office of the archivist in accordance with Chapter 40.14 RCW and by the City. 9. Audits and Insrections. 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. A. This Agreement may at any time be terminated by either party by giving to the other party thirty (30) days written notice of the intention to terminate the same. B, Failure to provide products and services on schedule may result in contract termination. If t Contractor's insurance coverage is canceled for any reason, the City shall have the right terminW te th!is Agreement immediately. I C. The parties hereto acknowledge that this Agreement is funded by lodging tax funds, c:ollect and expended by the City pursuant to Chapter 67.28 RCW. In the event of any amendments Chapter 6i7.28 RCW which impact the collection or use of lodging taxes, the City may, at is so discretion, terminate this Agreement by giving to the Contractor thirty (30) days' written notice the City's intention to terminate the same, I 11. Discrimination Prohibited. Contractor, 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 'IN'ntity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials • supplies. CA Revised 1-2013 Page 3 of 9 12. Assignment and Subcontract. Contractor shall not assign or subcontract aniy portion of the services contemplated by thiis Agreement without the prior written consent of the City. Nothing in this Agreement shall prohibit the Contractor from engaging outside vendors or, other service providers in the normal course • its operations • otherwise in furtherance of the services to be provided under this Agreement. 13. Entire kgreernent; Modification. This Agreement, together with attachments • addenda, represents the entire and integrated Agreement between the City, and the Contractor regarding the provision of tourism promotion services from the Contractor to the City and with the exception of the terms of the TP,A Interlocal Agreement, this Agreement 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. 14. Severability and Survival. If any term, condition or provision • this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provis,ions 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. 11 11 1 , AN=10 I IM Wim MINTM amii r Office • Economic Developme City of Tukwila 620iO Southcenter Blvd. Tukwila, WA 98188 1 Notices to the Contractor shall be sent to the address provided by the Contractor upon the ilignature line below. 16. 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, arbiltration, 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 Count�y, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and: costs of suit, DATED this - day of 20 CITY OF TUKWILA SEATTLE SCILITHSIDE REGIONAL TOURISM AUTHORITY, as Contractor WEEW�� ATTEST/AUTH'EN'TICATED: City Clerk, Christy O'Flaherty 0 Printed Name and Title: Office of the City Attorney CA Revised 1-2013 Page 5 of 9 Seattle Southside Regional Tourism Authority 1 . Maintain a destination marketing website and toll�-free phone number to attract inquiries from leisure and business travelers and meeting planners primarily outside a 50-mile radius. The website will include information and business listings for tourism-related businesses located in Tukwila that hold a Tukwila business license including those business that do not pay lodging tax • tourism promotion area ("TPA") assessmients; business listings are to be provided by the city. 2. Produce and distribute a Destination Guide that includes information and business listings for tourism-related businesses that hold a Tuilkwila business license (list of licensees to be provided • City staff), including those business that do not pay lodging tax • TPA assessments. 3. Provide meeting planning assistance to planniers looking host events in the Tukwila area. List all meeting resources in guide and distribute to potential clients. -1 Work with tourism-related business to promote the area as a meeting- and event-friendly destination at trade shows and client meetings. 5. Produce and distribute a Dining Guide, at least every other year that includes information and business listings for area full service restaurants, including those located in Tukwila. 6. Organize familiarization ("FAM") tours that highlight local tourism-related businesses to other industry affiliates, planners and media. 7. Include a reciprocal link to the City on www.SeattleSouthside.com in the "About Us" section under "Our Cities" (or comparable section on, a successor website operated by the Contractor). V. Use social media platforms such as Facebook, Twitter, blog posts, press releases, and e- newsletters as vehicles to promote the City's relevant tourism activities, events and festivals and tourism business happenings. S. Support the City's efforts to attract visitors to local events by acting as a sourcing partner t* help secure vendors as well as social media and PR support. T#7r-7T#.Tce an annit •I - • s orgat 7NrT1er1T_"F10F_prUSenUtMGn report to the City Lodging Tax Advisory Committee, City Council, • other meetings, if requested by the City. Ell "'.+w- . M 53,100 M01 City of Tukwila ATTN: Brandon Miles 1 "16 fill a 1, e 111111MMOUT J101-HINN Should the Contractor choose to reduce any of the activities identified in the scope of service identified in Exhibit "A", the City may choose to reduce the awarded funds. The amount reduced shall be at the sole discretion of the City. =M# Web analytics a. Number of user sessions. b. Number of unique users c. Number of repeat visits. d. Number of clicks to the Seattle Souths,ide website. e. Number of specific webpage view counts, f. Traffic source. g, Bounce rate. h. Number of hotel bookings made via the Seattle Southside website (This deliverable is not required in the event SSRTA's website no longer provides a hotel booking engine). L Average session duration. 2. Media impressions (When reporting, include whole numbers to reference increases or decreases over time, do not just report percentages). 3. Social media engagement (When reporting, include whole numbers to reference increases or decreases over time, do not just report percentages). 4, Group/Meeting Stats, for the Seattle Southside region, including: ?_ Leads, booked, assists, and services requieist leads. • List • trade shows & sales conventions, attended. c. Number of prospects outreached to (calls, emails, meeit-ups, etc.) Estimated number • overnight guests and room nights generated in the City • Tukwila (to •_Q provided as part of the March 1, 2018 and March 1, 2019 invoices). 10 g�- � 177 Mr, invN ice (#3) and March 1, 2019 invoice (#7). This inform,atioin is required to be collected by Washington St,?te law. MUM=- Reports and Deliverables shall be submitted to: City of Tukwila ATTN: Brandon Miles 6200 Southcenter Blvd. Tukwila, WA 98188 11 12 ,�= "N ' h Contract Nurnbei-� ca<o 14 1 City of Tukwila ,I io 0 0 6200 S• uthcenter Boulevard, Tukwila WA 98188 4 0-11 a Mw w I pig M I I 14,41,49Q a Hq 9 • 1 61r;WM M- WHEREAS, the City is authorized to use the lodging tax revenue for tourism promotion, as defined #y Chapter 67.28 RCW; and A I . 0 1 Uralk .' q= � M191MMIM-1:11*2 Mo[s] ##] i I r4aloral Liu 10 ton 9017JEONE1016 10 Up mr, Ke ma-711 IM L.-Atoll I lizimol all rg"tal 0 to] Stoll I I &lea it 11!k • a moms= WHEREAS, it is appropriate for the City to compensate the Contractor for the costs of promoti tourism (both day and overnight) in the City; and • IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: M-45 M MIN 2L.T.17TIT." 7011TM o I I r M M i (01wilralIVIN I ITA I I I — • ------- • — -- — ----------- 17101111 t�� 1 11 wilpir; I Compensation and Method of Paymen . The City shall pay 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 $50,000.00. By entering into this Agreement, the City accepts no responsibility for the activities or events, or the operation of the activities or events, described in Exhibit A. CA Revised 2012 Page I of 11 13 4. 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. W -Mgt Offila 0 6, Insurance. 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. *dnimium Scope of Insurance. Contractor shall obtain insurance of the types and with the limit� described below: 14 Mom. .04 M a