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HomeMy WebLinkAbout18-043 - Southwest King County Chamber of Commerce - Event Promotion and Management for Southcenter 50City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 18-043(b) Agreement Number: Council Approval N/A CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and the Southwest King County Chamber of Commerce (dba as "Seattle Southside Chamber of Commerce"), hereinafter referred to as the "Contractor." That portion of Contract No. 18-043 between the City of Tukwila and Contractor is hereby amended as follows: Exhibit "A" All text in exhibit "A" is deleted and replaced with the following language: Contractor shall help the City celebrate the 501h Anniversary of the Southcenter District by helping organize a Retail Symposium (the "Event,. The event shall occur no later than December 31, 2019 and must be held within the corporate boundaries of the City. The Contractor shall provide the following services to support the event: a. Promotion of the Event. Contractor shall work with the City and other parities to issue a press release announcing the event. Contractor shall also use social media and other online tools to promote the Event. b. Event Registrations. The Contractor shall organize and manage an online system to allow for the public to register for the Event. c. Event and Catering Management. Upon mutual agreement, Contractor shall select a venue within the City to host the Event. Contractor shall coordinate the desired menu and service options. All costs incurred for the venue and catering shall be paid by the Contractor. d. Sponsorship. Contractor and City shall work to identify possible sponsors (both cash and in -kind contributions). Potential sponsors shall be approved by both the City and Contractor. Contractor shall manage sponsorship agreement, acceptance of funds from sponsor, and any other sponsorship management. e. Event Management The Contractor will provide staff and volunteers to assist with managing onsite event logistics that may be necessary, including but not limited to: onsite registration, management of tables, seating, and coordination of speakers. f. Social Media and Photography. Contractor will provide photographic services, as well as contribute social media content that meets the City's goals to promote Tukwila as a retail leader in Washington State. CA Revised December 2016 Page 1 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Exhibit "B" Agreement Number All text in Exhibit "B" is deleted and replaced with the following text regarding compensation: The City shall compensate Contractor $10,000 for the services outlined in this Agreement. The parties acknowledge that the City has already provided an initial payment of $5,000 for pre -event planning and marketing activities conducted by Contractor. Upon conclusion of the event, Contractor shall invoice the City the remaining $5,000 to be paid by the City within 30-days of receipt of the invoice. All other provisions of the contract shall remain in full force and effect. Dated this i day of CV,6( , 20 CITY OF TUKWILA ) CONTRACTOR Derek Speck, ED Administrator Printed Name: CA Revised December 2016 Page 2 of 2 Ci of Tukwila Agreement Number 18-043(a) Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and the Southwest King County Chamber of Commerce (dba as "Seattle Southside Chamber of Commerce), hereinafter referred to as the "Contractor." That portion of Contract No. 18-043 between the City of Tukwila and the Contractor is hereby amended as follows: Section 4: The termination date of the contract shall extend to December 31, 2019. Exhibit "A": The specific dates listed for Event #1 and Event #2 are removed and the dates shall now be mutually agreed on by the City and the Contractor. All other provisions of the contract shall remain in full force and effect. Dated this 2/ day of , 20 CONTRACTOR Printed Name: Rachel Bianchi, Deputy CA CA Revised December 2016 Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 18-043 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 the Southwest King County Chamber of Commerce (dba as "Seattle Southside Chamber of Commerce, hereinafter referred to as "the Contractor," whose principal office is located at 14220 Interurban Ave S. #134; Tukwila, WA; 98168. 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 $10,000.00. 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 February 15, 2018, and ending December 31, 2018, 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. 151- 2 p1 'y Lj CA Revised December 2016 Page 1 of 7 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, 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 Public Entity. 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 Public Entity, its officers, 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 $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 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. 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. 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 excess of the Contractor's insurance and shall not contribute with it. CA Revised December 2016 Page 2 of 7 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. 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. E. Subcontractors. The 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. 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. 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. 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 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. 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; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and CA Revised December 2016 Page 3 of 7 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 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. 15. 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. 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, 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 g day of1/1 C?. rc l t , 2018 . CITY OFTUKWILA 14' Derek Speck, ED Administrator CONTRACTOR By: ( )J 1 Printed Name and Title: s / C. 3 Address: %`i,�:) v 1 l L )c Ja (lv ,z S )UX Ick ,L (N' mot' Ji, CA Revised December 2016 Page 4 of 7 Exhibit "A" Scope of Services The Contractor shall help the City celebrate the 50th Anniversary of the Southcenter District by helping the City host two events. Event #1 The Contractor shall provide event logistics, planning, and oversight to host the Southcenter 50th Anniversary Celebration on July 31, 2018 at a location in the City of Tukwila. The Contractor shall provide the following services for the July 31, 2018 event: a) Promoting the event. Contractor shall work with the city and other parities to issue a press release announcing the event. b) Event invitations. The Contractor will invite attendees in accordance with the city's desires. Manage event RSVPs and setting up a system to allow people to RSVP online. c) Catering management. The Contractor shall coordinate the desired menu and service options. Cost per attendee and menu options to be approved by the city and either paid by the attendees or covered by the City. (Typical cost of other events comparable estimated at $40 per attendee). d) Sponsorships. Contractor and City shall work to identify possible sponsors (both cash and in -kind contributions). Potential sponsors shall be approved by both Contractor and City. Contractor shall manage sponsorship agreements, acceptance of any funds from the sponsor, and any other sponsorship management. e) Event Management. The Contractor will provide staff and volunteers to assist with managing any onsite event logistics that may be necessary. Including but not limited to: registration, management of tables, seating, coordination with presentations or speeches, etc. f) Social media and photography. The Contractor will provide photographic services as well as contribute social media content that meets the goals of the city to commemorate the occasion. g) Marketing and Advertising. Contractor shall help the City identify opportunities to market and promote the event. Event #2 The Contractor shall host a "Retail Summit" on November 9, 2018 at a location in the Southcenter area of the City of Tukwila, preferably at Westfield Southcenter. The Summit will bring together business leaders, subject matter experts, and managers to brainstorm ideas and review data to help and encourage our local retailers to build systems and policies to help maintain retail competitiveness in a changing retail environment. The Contractor shall provide the following: a. Promoting the event. Contractor shall work with the city and other parities to issue a press release announcing the event. b. Event invitations. The Contractor will invite attendees in accordance with the city's desires. Manage event RSVPs and setting up a system to allow people to RSVP online. CA Revised December 2016 Page 5.of 7 c. Catering management. The Contractor shall coordinate the desired menu and service options. Cost per attendee and menu options to be approved by the city and either paid by the attendees or covered by the City. (Typical cost of other events comparable estimated at $30 per attendee). d. Event Management. The Contractor will provide staff and volunteers to assist with managing any onsite event logistics that may be necessary. Including but not limited to: registration, management of tables, seating, coordination with presentations or speeches, etc. e. Social media and photography. The Contractor will provide photographic services as well as contribute social media content that meets the goals of the city to commemorate the occasion. f. Marketing and Advertising. Contractor shall help the City identify opportunities to market and promote the event. CA Revised December 2016 Page 6 of 7 Exhibit "B" Compensation Compensation for the two events outlined above shall be as follows: Event #1 The City agrees to compensate the Contractor $5,000 for the services outlined in the scope of work outlined in Exhibit "A", except for the food service which shall either be paid directly by attendees to the Chamber or by the City. The City shall provide an initial payment of $2,500 to the Contractor. After execution of this Agreement the Contractor shall provide the City with an invoice, which shall be paid by the City within 30 days of receipt. The remaining balance shall be due 30-days after the event and once the Contractor presents the City with the final invoice. If sponsorships are obtained to offset the costs of Event #1 the sponsorship contributions shall be used as follows: 1) to reduce the City's $5,000 cash contribution amount and/or 2) to lower the fee for attendees to attend the event. The City shall determine how the funds are used. Any surplus funds from the event will be retained by the Contractor. Cancellation The following applies if Event #1 is canceled: 1) If Event #1 is canceled by the Contractor the City shall be entitled to a refund of the initial $2,500 payment. 2) If Event #1 is canceled by the City, the Contractor shall retain the $2,500 initial payment. 3) If cancelation occurs due to circumstances outside the control of either the City or Contractor, the parties shall work to reschedule the event. Event #2 The City agrees to compensate the Contractor $5,000 for the services outlined in the scope of work outlined in Exhibit "A", except for the food service which shall either be paid directly by attendees to the Chamber or by the City. The City shall provide an initial payment of $2,500 to the Contractor. After execution of this Agreement the Contractor shall provide the City with an invoice, which shall be paid by the City within 30 days of receipt. The remaining balance shall be due 30-days after the event and once the Contractor presents the City with the final invoice. Cancellation The following applies if Event #2 is canceled: 1) If Event #2 is canceled by the Contractor the City shall be entitled to a refund of the initial $2,500 payment. 2) If Event #2 is canceled by the City, the Contractor shall retain the $2,500 initial payment. 3) If cancelation occurs due to circumstances outside the control of either the City or Contractor, the parties shall work to reschedule the event. CA Revised December 2016 Page 7 of 7