HomeMy WebLinkAbout17-124 - Museum of Flight - 2017 Contract for Tourism PromotionCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 17 -124
Council Approval 6/5/17
CONTRACT FOR LODGING TAX FUNDING
This Contract for Lodging Tax Funding (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 the Museum of Flight, hereinafter referred to as "the Contractor," whose principal office is located at
9404 East Marginal Way South; Tukwila, Washington; 98108.
WHEREAS, the City imposes a special excise tax under Chapter 82.08 Revised Code of
Washington ( "RCW "), known as the "lodging tax," on furnishing of lodging in hotels, motels and similar
business enterprises, as authorized under Chapter 67.28 RCW; and
WHEREAS, the City is authorized to use the lodging tax revenue for tourism promotion, as defined
by Chapter 67.28 RCW; and
WHEREAS, 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; and
WHEREAS, it is appropriate for the City to compensate the Contractor for the costs of promoting
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:
1. Scope and Schedule of 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.
2. Compensation and Method of Payment. 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.
3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
June 15, 2017, and ending March 1, 2018, unless sooner terminated under the provisions hereinafter
specified. All services and sponsorships conducted by the Contractor shall occur in 2017.
CA Revised 2012
1 S4- o- 2 0 r-1 b 1 r t ``.L..s
Page 1 of 11
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.
5. Indemnification. Contractor shall defend, indemnify and hold the City, 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 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 Contractor and the City, its officers, officials, employees, and volunteers,
Contractor's liability hereunder shall be only to the extent of Contractor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes 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. It is further provided that no liability shall
attach to the City by reason of entering into this contract except as expressly provided herein.
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. 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 $1,000,000.00 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 $1,000,000.00 for each
occurrence, $2,000,000.00 general aggregate and $2,000,000.00 products - completed
operations aggregate limit. Commercial General Liability insurance shall be written on 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 the Aggregate Per Project Endorsement ISO
form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from explosion,
collapse or underground property damage. The City shall be named as an 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 1010 01 and Additional Insured-
CA Revised 1 -2013 Page 2 of 11
Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing
equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. 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 in excess of the Contractor's insurance and shall not contribute to
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
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.
E. 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 at least as broad as the Insurance Services Office Additional Insured
endorsement CG 20 38 04 13.
F. 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.
G. 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.
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 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 Chapter
40.14 RCW and by the City.
8. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
CA Revised 1 -2013 Page 3 of 11
•
9. Termination.
A. This Agreement may at any time be terminated by the City by giving to the Contractor thirty (30)
days written notice of the City's intention to terminate the same.
B. Failure to provide products and services 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.
C. The parties hereto acknowledge that this Agreement is funded by lodging tax funds, collected and
expended by the City pursuant to Chapter 67.28 RCW. In the event of any amendments to Chapter
67.28 RCW which impact collect or use of lodging taxes, the City may, at its sole discretion,
terminate this Agreement giving the Contractor 30 days written notice of the City's intention to
terminate the same.
10. 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 identity, marital status, political affiliation or the
presence of any disability in the selection and retention of employees or procurement of materials or
supplies.
11. Assignment and Subcontract. Contractor shall not assign or subcontract any portion of the services
contemplated by this Agreement without the 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 of its operations or otherwise in furtherance of the services to be provided under this
Agreement.
12. 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.
13. Severabilitv 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.
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
With a copy to:
Office of Economic Development
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.
CA Revised 1 -2013 Page 4 of 11
15. 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' "day of
CITY OF KWILA
Allan
MP" ."-
•.-
g, Mayor
ATT T / TH NTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
CA Revised 1 -2013
,2017.
CONTRACTOR
By:
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Printed Name and Title: LOJANti 4�•
Address: 14404
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Museum of Flight
Exhibit "A"
2017 Scope of Services
1. As needed, contractor shall refer visitors and convention planners to Seattle Southside Regional
Tourism Authority (SSRTA), a destination marketing organization for the City, for assistance with
lodging, restaurants, attractions, transportation companies, etc. or directly to the City.
2. Contractor will encourage 3rd party organizers holding events at the Museum to utilize Seattle
Southside (Tukwila, SeaTac, and Des Moines) hotels. Contractor will, when appropriate, provide
3rd party organizers a one -page promotional flyer as an attachment to its rental contracts. The
content of the flyer will be mutually agreed upon by the City and the Museum.
3.
The Museum will invite City staff and SSRTA staff members to present to Museum staff and /or
volunteers the SSRTA guest relations program in order to ensure staff and /or volunteers help
promote tourism in the City in partnership and through the City and SSRTA.
4. The Museum will work with the City's partner, SSRTA, to create vacation packages directed
toward overnight guests.
5. The Museum will seek public relations opportunities to recognize the City in press releases,
posters, etc.
6. The Museum will include the City in all appropriate donor listings.
7. The Museum will publish an article in a 2017 issue of aloft magazine (read by over 50,000
people) about the City of Tukwila. The article could include a discussion about things to do
outside of the Museum on visits to the City, dining options, and /or stories of interests as well as
highlighting the Museum — Tukwila partnership. The City will have the opportunity to provide input
to the content of the article.
8. The Museum shall contribute an article to one edition of the City's section of the Tukwila Reporter
or Hazelnut (as deemed most appropriate by the City) about the partnership and corresponding
economic impacts. The insertion shall include a redeemable Museum coupon for City residents.
9. The Museum shall provide the City two social media posts in order for the City to promote
upcoming events and festivals in the City. .
Total Value: $5,000
CA Revised 1 -2013 Page 6 of 11
10. Memorial Day Weekend Activities: Activities honoring fallen military service men and women. The
City shall be listed as the presenting sponsor for Memorial Day Weekend.
Planned events include:
• Performance by the Boeing Employee Concert Band
• Public program featuring civilian and military guest speakers
• Free admission for US Military personnel with identification
Presenting Sponsor Benefits:
a. Opportunity for City of Tukwila staff to make brief remarks during the public program
b. Logo on Museum website event page for Memorial Day
c. Display City of Tukwila banner (provided by the City). in prominent location
d. Six (6) passes for guests admission to the Museum
Total Value: $10,000
11. Jet Blast Bash /Seafair Activities: Outdoor family weekend festival right on the Blue Angels' flight line
with static displays in the Museum's parking lot and guest speakers in the Museum's theater. The
City shall be listed as the presenting sponsor for the Jet Blast Bash /Seafair Activities on August 5th
and 6th.
Planned events include:
• 10,000+ Museum members and guest visitors enjoy food, drinks, entertainment, and special
activities in the east parking lot including up -close viewing of the Blue Angels flights.
• In addition to activities in the parking lot, special guests such as legendary SR -71 Blackbird
spy -plane pilot Brian Shul share their stories in the theater.
Presenting sponsor benefits:
a. Acknowledgment on the Museum's Jet Blast Bash webpage with linked logo. Tukwila's name
shall appear near the top of the webpage, with linked logo at the bottom of the page.
b. A prime dedicated 10' by 10' tent with 6' tables for giveaways, information, and /or for
hospitality. Museum understands the City will use its booth to promote other businesses in the
City or make the booth available to SSRTA.
c. Photo booth (or equivalent opportunity) at VIP viewing party with City of Tukwila (or similar
props) included and opportunity for guests to take home their photos.
d. Minimum of five social media cross - promotion posts leading up to and during the event. City
can use the cross - promotions to promote activities, dining, shopping, and hotels in Tukwila.
e. Opportunity to put promotional items in VIP goodie bags or distribute at lunch tables.
Promotional items could be discounts and coupons for activities, dining, shopping, and /or
hotels in Tukwila.
f. Museum shall work with media promoting the event to ensure that "Tukwila" is used in articles
and radio broadcast about the event. For example, "Jet Blast Bash, presented by the City of
Tukwila."
Total Value: $15,000
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12. Museum of Fright Halloween Event: For one night each year, the Museum of Flight becomes the
spooky Museum of Fright! The City shall be listed as the presenting sponsor for the "Museum of
Fright Family Halloween Event" with the following benefits.
Planned events include:
• Fun and deaducational flight - themed activities including storytelling, arts and crafts, simulator
flights, and games.
Presenting sponsor benefits:
a. Acknowledgment on the Museum of Fright webpage with linked logo. Tukwila's name shall
appear near the top of the webpage, with the linked logo at bottom of the page
b. Minimum of five social media cross - promotion posts leading up to and during the event
c. Dedicated table space during the event to provide information and giveaways about City
hospitality resources
d. Museum shall work with media promoting the event to ensure that "Tukwila" is used in articles
and radio broadcast about the event
Total Value: $5,000
13. Veteran's Dav Activities: The Museum salutes the outstanding contributions of America's veterans at
the annual Veterans Day Ceremony. The City of Tukwila shall be listed as the presented sponsor of
Veteran's Day at the Museum of Flight.
Planned events include:
• Performance by a local community orchestra
• A color guard presentation, and guest speakers from the U.S. military
• Public program featuring civilian and military guest speakers
• Special family programs throughout the day. 2017 will pay special tribute to the American
Fighter Aces Association
• All U.S. veterans and current U.S. military personnel receive free Museum admission
Presenting Sponsor Benefits:
a. Logo on Museum website event page for Memorial Day
b. Display City of Tukwila banner (provided by the City) in prominent location
c. Six (6) passes for guests admission to the Museum
Total Value: $10,000
14. Santa Fly -In Holiday Event: Holiday themed activities in and around the Museum welcome families.
The City shall be listed as the presenting sponsor for the "Santa Fly In."
Planned events include:
• Santa and Mrs. Clause make a dramatic entrance aboard his deHavilland Beaver aircraft
(weather dependent).
• Local community orchestras provide holiday music.
• The Museum hosts a variety of family -fun activities.
Presenting Sponsor Benefits:
CA Revised 1 -2013 Page 8 of 11
a. Acknowledgment on the Santa Fly In webpage with linked logo. Tukwila's name shall appear
near the top of the webpage, with the linked logo at the bottom.
b. Minimum of five social media cross - promotion posts leading up to and during the event.
c. Dedicated table space to provide information and giveaways about City Hospitality resources.
Total Value $5,000
CA Revised 1 -2013 Page 9 of 11
Exhibit "B"
Compensation and Method of Payment and Reporting
Compensation and Method of Payment
Contractor shall submit to the City a request for reimbursement for services and sponsorships rendered
under this Agreement. The total compensation to the Contractor under this agreement shall not exceed
$50,000.00.
Invoices and request for reimbursement shall be mailed to:
City of Tukwila
ATTN: Brandon Miles
6200 Southcenter Blvd.
Tukwila, WA 98188
The following are the dates and amounts to be invoiced to the City.
Invoice
#
Date (no later
than):
Amount:
For:
1
August 18, 2017
$25,000
Memorial Day Event and Jet Blast Bash.
2
December 1, 2017
$15,000
Museum of Fright and Veteran's Day
Event
3
January 5, 2018
$10,000
General Marketing and Santa Fly In.
Should the Contractor choose to cancel or modify any of the events sponsored by the City under this
agreement, the City may choose to reduce the awarded funds. The amount reduced shall be at the sole
discretion of the City.
Reporting Requirements
With each invoice, the Contractor shall provide the following to the City:
1. Estimate number of attendees for each event.
2. Website views on the Contractor's website of the event page
3. Likes, follows, and shares on social media for the event.
4. Examples of marketing material prepared to promote the event.
5. List of any earned media for the event.
6. Any other document the Contractor wants to provide to demonstrate success of the event and
marketing activities.
CA Revised 1 -2013 Page 10 of 11
In additional the items outlined above, the following information shall be included with the January 5,
2018 invoice. This information is required to be collected by Washington State law.
As a direct result of your proposed tourism - related service, provide an estimate of:
a. Overall attendance at your proposed
eve nt /activity /facility?
b. Number of people who traveled fewer
than 50 miles for your event/activity?
c. Number of people who traveled more
than 50 miles?
d. Of the people who traveled more than
50 miles, the number of people who
traveled from another country or
state?
,
e. Of the people who traveled more than
50 miles, the number of people who
stayed overnight in Tukwila?
f. Of the people who stayed overnight,
the number of people who stayed in
PAID accommodations
(hotel /motel /bed- breakfast) in
Tukwila?
(example: 25 paid rooms on Friday and 50
paid rooms on Saturday = 75 paid lodging
room nights.)
g. Number of paid lodging room nights
resulting from your proposed
event/activity /facility (example: 25
paid rooms on Friday and 50 paid
rooms on Saturday = 75 paid lodging
room nights)?
Provide information on how the above actuals were determined.
Reports and Deliverables shall be submitted to:
City of Tukwila
ATTN: Brandon Miles
6200 Southcenter Blvd.
Tukwila, WA 98188
CA Revised 1 -2013
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