HomeMy WebLinkAbout18-128 - Seattle Southside Regional Tourism Authority - Drag Queen BowlingCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number 18-128
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 Southside Regional Tourism
Authority, hereinafter referred to as "the Contractor," whose principal office
is located at 3100 S. 176'h Street, SeaTac, WA 98188.
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 bv Contractor. The Contractor shall perform
those services described on FxhibitA 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 $4,000.
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
July 17, 2018, 2018 , and ending October 30, 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.
CA Revised December 2016
Page 1 of 4
6. Thdemnificatiort. 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. 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 WCIA to the City.
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.
B. Failure to Maintain Coverage from WCIA. Failure of the part of the Contractor to maintain coverage
as required shall constitute a material breach of contract, upon which the city may, after giving five
business day's written notice to the Contractor to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at its sole discretion of
the City, offset against funds due the Contractor from the City.
C. Workers' Compensation. 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 practice
CA Revised December 2016 Page 2 of 4
8. j3ecord 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 Aareement: 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.
14. 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.
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
CA Revised December 2016 Page 3 of 4
such action shall be entitled to its attorney's fees and costs of suit.
11 A,
DATED this it day of 1 i ' . 3L ,20ig.
CITY F TU CONTRACTOR
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CA Revised December 2016 Page 4 of 4
Exhibit "A"
���f . SeTvices
Contractor shall serve asthe public relations, advertising, and event promotion lead for the "Drag Queen Bowling"
event (hereinafter "the event") scheduled to occur on August 25 at Acme Bowl in the City of Tukwila, which is
sponsored by both the City and Contractor. The goal of both the City and Contractor is to jointly promote the region
and to create a fun and exciting event that creates buzz, excitement and positive media coverage. Contractor shall
use bestjudgement to promote the event in a variety of manners that the Contractor thinks will meet the goal of
the event.
Possible Examples mfContractor's work under this Agreement:
1. Secure adbuys indigital and print publications.
3. Secure placement of posters on utility poles and other structures within Seattle.
3. Social Media presence, including paid posts 10promote the event.
4. Event day activation, including giveaways and decorations.
5. Video0rapherservices for the event.
6. Other activities the Contractor believes will help to promote the event.
Contractor is responsible for securing and paying any vendors to meet the goal of this Agreement.
CARevised December %0ld Page 5nf4
Exhibit "13"
Compensation and Method of Payment
For the work outlined in Exhibit "A" Contractor and City agree to split the actual, third party costs 50/50. The City's
contribution shall not exceed $4,000. City and Contractor agree that each party shall be responsible for its own staff
time, which shall not be reimbursed under this Agreement.
Contractor shall submit an invoice no later than October 1, 2018, with back up documentation showing the total
expenses. Compensation for expenses covered under this agreement includes expenses incurred before execution
of this Agreement.
CA Revised December 2016 Page 6 of 4