HomeMy WebLinkAbout18-123 - Renton Chamber of Commerce - Rencon Marketing and PromotionCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 18-123
Council Approval 6/4/18
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 Renton Chamber of Commerce, hereinafter referred to as "the Contractor," whose principal
office is located at 625 S. 41" St. Renton, WA 98057.
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 May 22, 2018, 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 4, 2018, 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 $10,000.00. 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. The City may ask for background documentation for
any items provided to the City as part of the Invoices or year-end reports. Contractor shall
provide any requested Information to the City as soon as responsibility possible. Payment by the
City shall not be made until requested information is provided to the City.
CA Revised 2012
Page 1 of 8
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3. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing June 4, 2018, and ending February 1, 2019, unless sooner terminated under the
provisions hereinafter specified. All services and sponsorships conducted by the Contractor shall
occur in 2018.
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. 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.
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
CA Revised 1-2013
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.General UebUbv insurance shall he endorsed to provide the Aggregate Per Project
Endorsement |SC) form CG 25 08 11 85 or an equivalent endorsement. There shall be no
endorsement ormodification ufthe Commercial General Liability Insurance for liability arising
from exp|oG|on, 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 |8[> Additional Insured endorsement CG OU 10 10 01
and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing equivalent coverage.
O. 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 hothe Qty. 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 cumantA.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 kmunad
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 co[DpU8G with all applicable requirements of the Contractor -provided
insurance aaset forth herein, except the Contractor shall have sole responsibility for determining
the |irn|te 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 policyUo|n8anendo[oernenta1|aaetuabnoadaothe1nauoanooSemiceo(]ffiue
Additional Insured endorsement CG2O38O418.
F. Notice of Cancellation. The Contractor shall providethe City and all Additional Insureds for this
work with VVdtt8D notice of any policy cancellation, within two business days of their receipt of
such notice.
G. FmkUmnm to Maintain Insurance. FoUuna on the partofthe 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 Keepinqmod
A. The Contractor shall maintain accounts and records, Including personnel,property, financial and
programmatic records which muff|derd|y and properly reflect all dlrao1 and indirect costs of any
nature expended and services performed |nthe performanceofUlhSAo[eerDentaOd{theraVch
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall bemaintained for operiod ofseven years after termination hereof unless
pe[[n|SSiOD to destroy them Is granted by the office of the archivist in accordance with Chapter
4O'14RCVVand bvthe City.
CA Revised 1-2013
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.
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 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 the collection or use of lodging taxes, the City may, at is sole
discretion, terminate this Agreement by giving to the Contractor thirty (30) days' written notice of
the City's intention to terminate the same,
D. If the Contractor does not perform the event described in Exhibit "A", the location is moved, or
the total number of days of the event reduced, the City may, at its sole discretion and absolute
authority, terminate this agreement with 24-hour notice to the Contractor.
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:
CA Revised 1-2013
Page 4 of 8
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.
15. Applicable Law; Venue; Attornev'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 I day of ,..5n , 20 a
CIT UKWILA
Speck, ED )\dministrator
CONTRA TOR
By: Cht/L6.-
Printed Name and Title:
AVress: 602,6-
/-6 kJ A ?ko S
CA Revised 1-2013 Page 5 of 8
Exhibit "A"
Rencon
2018 Scope of Services
General:
Rencon is a third -year event with a 2018 goal of bringing 5,000 attendees and creating 400+ hotel room
nights for the weekend of its convention. Recon will occur on September 14, 15, and 16 in the City of
Tukwila. This event will work in collaboration with Seattle Southside Chamber of Commerce, Seattle
Southside Regional Tourism Authority, and the City of Tukwila. This scope of works lays out tracking,
promotion, and marketing plans of the applying contractor.
1. Contractor will co -brand City of Tukwila as a presenting sponsor and will be included on all
marketing and event promotion.
2. Contractor will use #Tukwila or equivalent name or tagging on all social media platforms no less
than 6 times a month, leading up to event.
3. Contractor shall provide largest co -branded footprint of all sponsors on website, press kits, and
posters/flyers.
4. Contractor will promote City of Tukwila in all community events leading up to event. This currently
includes Renton River Days, Renton River Days Parade, Auburn City Parade, Stormtroopers
Clean Up, Lake City Days Parade.
5. Contractor agrees to work with City of Tukwila and provide resources for any geek themed
community events or publicity stunts. This could include police dance offs, cleanups, or any
original promotion the city comes up with.
6. Contractor shall include City of Tukwila's brand in all Rencon related eblast and newsletters. This
will include Renton Chamber of Commerce, Seattle South Side Chamber of Commerce, and any
other Chambers that join this regional project.
7. In all collateral, press releases, medias (including tv and radio), etc. where a location is
mentioned, contractor shall identify Rencon as being in "Tukwila."
8. Contractor shall provide the City of Tukwila a booth (if desired) at both event footprints. This
would include the inline store at the mall and Hotel Interurban.
9. Contractor shall provide the City of Tukwila (if desired) 2 minute 'spot' before the premiere of
Rencon's film at AMC theatre screening.
10. Contractor shall provide 'a sponsored by' panel to the City of Tukwila. This panel will be of the
cities choice.
11. If any VIP bags or bags for RenCon attendees Contractor shall allow the City of Tukwila to place
an item in the bags.
CA Revised 1-2013 Page 6 of 8
Exhibit "B"
Compensation and Method ofPavmeoand Reportinq
ConloenmoUonand Method nfPayment
Contractor shall submit tothe City a request for reimbursement for services and sponsorships rendered
under this Agreement. The total compensation tothe Contractor under this agreement shall not exceed
$10,000.00.
Invoices and request for reimbursement shall bemailed to:
City of Tukwila
ATTN: Brandon Miles
62OUGouthoanterBlvd.
Tukwila, WA 98188
The following are the dates and amounts to beinvoiced to the City.
Invoice
#
Date (no later
than):
Amount:
1
Doce[nbar31,
2018
$10.000I0
As pad of its invoice, Contractor shall submit report with the following information to the City.
Provide the total number of:
o. Total Number ofAttendees.
b' Total Number ofPaid Attendees
o' Social Media Engagement
d. Number ofpress mentions and articles for the event.
e. The |DfonA8t|oD outlined the table bg(oVV which is required to be collected UDd8[
Washington State Law:
Asmdirect result of your proposed service, provide the actuabmf:
a. Overall attendance mtyour proposed eve n+/n d|bv
b. Number mfpeople who traveled fewer than GOmiles for your
event/activity.
c. Number ofpeople who traveled more than 5Omiles for your
event/activity.
d. Ofthe people who traveled more than SOmiles, the number ofpeople
who traveled from another country or state.
CA Revised 1-2013
Page 7of8
e. Of the people who traveled more than 50 miles, the number of people
who stayed overnight in Tukwila.
f. Of the people staying overnight, the number of people who stayed in
PAID accommodations (hotel/motel/bed-breakfast) in Tukwila.
g. Number of paid lodging room nights resulting from your event/
activity/facility (for example: 25 paid rooms on Friday and 50 paid
rooms on Saturday = 75 paid lodging room nights)
*Methodology (Descriptions below from the Lodging Tax Expenditure Reporting System Website):
Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry
points, vehicle counts or number of chairs filled. A direct count may also include information collected directly from
businesses, such as hotels, restaurants or tour guides, likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed
discount certificates, brochures handed out, police requirements for crowd control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a
highly structured data collection tool, based on a defined random sample of participants, and the results can be reliably
projected to the entire population attending an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is
not representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor
population and provide a limited indicator of attendance because not all participants had an equal chance of being
included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event or location. For example,
on jurisdiction estimated attendance by dividing the square footage of the event area by the international building code
allowance for persons (3 square feet).
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
Admission Tax Collection
Contractor acknowledges that the event outlined in Exhibit "A" is subject to Tukwila Municipal Code 3.20
"Admission and Entertainment Tax." Contractor shall remit the collected tax to the City's Finance
Department. Final payment by the City for its sponsorship, as outlined above, shall not occur until the tax
is remitted to the City.
CA Revised 1-2013 Page 8 of 8