HomeMy WebLinkAbout18-148 - Museum of Flight - 2018 Lodging Tax Tourism Promotion for Multiple EventsCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 18-148
Council Approval 8/20/18
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 Museum of Flight, hereinafter referred
to as "the Contractor," whose principal office is located at 9404 East Marginal Way S; Tukwila, WA 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 July 24, 2018, the City's Lodging Tax Advisory Committee considered and
approved Contractor's request to obtain lodging tax revenue for tourism promotion; and
WHEREAS, the City concurs with the Lodging Tax Advisory Committee's recommendation, with
the City Council approving the funding request application at its August 20, 2018 regular meeting, to
provide lodging tax revenue to 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.
Should any of the events outlined in Exhibit A be canceled, modified, or the scale of the event reduced,
the City may at its sole discretion reduce its sponsorship funding commitment.
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 $30,000.
3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
August 14, 2018, and ending March 30, 2019, unless sooner terminated under the provisions
hereinafter specified.
CA Revised 2012
Page 1 of 8
4. Independent Contractor. Contractor and City agree that Contractor kaanindependent contnactorvvith
respect tothe services provided pursuant tothis Agreement. Nothing in this Agreement shall be
considered to create the relationship ofemployer 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 eem/ioeo provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax orsocial security orcontributing to the State
Industrial Insurance Proynann, or otherwise assuming the duties of an employer with respect tothe
Contractor, orany employee ofthe 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, 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.
6' Insurance. Contractor shall procure and maintain for the duration ofthe against
n|oimm for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the CVntractVr, their agente, repneaentadivee, employees or
subcontractors. Contractor's maintenance ofinsurance, its scope ofcoverage 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 ofthe types and with the limits
described below:
1Automobile Liability insurance with a minimum combined single limit for bodily injury8nd
property damage of$1lX]0,}OO per accident. Automobile liability insurance shall cover all
owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services
Office (|S(]) 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 prod ucts-completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 0001 and ohm|| cover liability arising from pn*noiama, operetiono, independent
oontroctore, pnoduota-conop|eted operations, stop gap |iabi|itv, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall beendorsed toprovide oper project generu|a0gregute|imnituaing|8[)fonm
CG 25O3O50Soronequivalent endorsement. There shall bonoexclusion for liability arising
from explosion, collapse orunderground property damage. The City shall benamed ooan
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 1001 or
substitute endorsements providing atleast aabroad coverage.
CARevised December 2O1G Page 2o[8
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 tothe City. Any insurance, ae|f-|nouronoe, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with o curnent/\M. Best rating
of not less than A: VII.
O. Verification of Coverage. Contractor shall furnish the City with originalnertificateaand000pyof
the amendatory endoreamente, including but not naoeeaah|y limited to the additional insured
endorsement, evidencing the insurance requirementsoftheContnocturbefonaoommancemertof
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance po|ioiee, including endornonnente, required in this Agreement and evidence of all
subcontractors' coverage.
E. Subcontractors. Contractor shall have sole responsibility for determining the insurance coverage
and limits requinad, if any, to be obtained by auboontnoctoro, 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 tmMaintain Insurance. Failure nnthe part ofthe Contractor tomaintain the insurance ua
required ahoU constitute a material breach of contract, upon which the City may, after giving five
business days ncdinm to the Contractor to correct the bneooh, 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 Keepinq and RepmrWnq.
A. The Contractor shall maintain accounts and renondo, 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 bemaintained for e periodofaeven(7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
4U.14and bythe 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
thirtv/days written notice of the City's intention to terminate the same. Failure to provide products
on schedule may result incontract termination. |fthe Contractor's insurance coverage iocanceled for
any reason, the City shall have the right tmterminate this Agreement immediately.
11. Discrimination Prohibited. Contractor, with regard tothe work performed byitunder this
Agreement, will not discriminate onthe grounds of race, na|igion, craed, no|or, national origin, age.
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
CARevised December 201G Page 3m[8
pnanenou ofany disability, or any other pndeobeU n|aon status Linder atnh* or federal |evv, in the
selection and retention of employees or procurement of materials or supplies.
12. Assiqnmmentmnd Subcontract. Contractor shall not assign orsubcontract any portion cfthe services
contemplated by this Agreement without the written consent of the City.
13. Entire Aqreeument; Modification. This Aononmont. together with attachments or eddunUo,
represents the entire and integrated Agreement between the City and the Contractor and supersedes
all prior negotiations, ropreoentadons, oragreements written or oral. Noamendment Vrmodification
of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.
14. SwvmrabilNyand Survival. |fany term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effoct, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,vvhich
by their sense and context are reasonably intended to survive the connp|ehon, expiration or
cancellation ofthis Agreement, shall survive termination ofthis Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City ofTukwila
620O5nu<hcontarBlvd.
Tukwila, Washington S8108
With a copy to:
Office ofEconomic Development
City ofTukwila
O2O0SnuthoenherBlvd.
Tukwila, VVA98188
- Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature
line below.
16, Applicable Law; Venue; Attornmy'sFees. This Agreementshall begoverned by and construed in
accordance with the laws of the State of Washington. In the event any suit` arbihatinn, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall beproperly laid inKing County, Washington, The prevailing party inany such
action shall be entitled to its attorney's fees and costs of suit.
day of` �� `�_
20
DATED this,,,
All
|
"77 6)
%_� '1/ _
City Clerk. ChMty O'Flaherty
APPROVED AS TO FORM:
Q3NTRACTO
Jeff Baukriecht, Grant Program Manager
nd -ameandTitle:
�z1M� E. ������'���| ��������nnth
Addnans�~'�' ^-' Marginal ' ^`~^ ~~~�~'
Tukwila, WA 98108
Office of the City Attorney
CARevised December 2015
Page 4nfB
Exhibit "A"
2018 SCOPE OF WORK
A. The Museum of Fright Halloween event: October 28, 2018
For one night each year, the Museum of Flight becomes the spooky Museum of Fright! Planned events
include: Fun and educational flight-themed activities including storytelling, arts and crafts, simulator
flights, and games themed around Halloween.
The City of Tukwila shall be listed as the presenting sponsor for the "Museum of Fright Family Halloween
Event." The presenting sponsor status shall be listed on all digital media (website and email marketing), print ads, and event
collateral. The Museum will ensure that the City listed for the event location says, "Tukwila."
Presenting sponsor benefits:
o 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
o Minimum of five social media cross -promotion posts leading up to and during the event. The
Museum shall reach out to the City one month prior to the event to collaborate on the social media
posts.
o Dedicated table space during the event to provide information and giveaways about City hospitality
resources
Total Value: $5,000
B. Veterans Day weekend activities: November 10-11, 2018:
Veterans Day 2018 is the 100th anniversary of the end of World War I. Public Programs will center on
the history of WWI and the Vietnam War in connection with the Museum's Project Welcome Home —
Vietnam Veterans Memorial Park.
The City of Tukwila shall be listed as the presenting sponsor of Veteran's Day at the Museum of
Flight. The presenting sponsor status shall be listed on all digital media (website and email marketing), print ads, and
event collateral. The Museum will ensure that the City listed for the event location says, "Tukwila."
Saturday, November 10:
o Vietnam & WWII flying themed Weekend Family Workshops (hands-on family science -based arts
and crafts) in the Side Gallery.
o Author talk in the Great Gallery: Local author David Bly discusses his WWI novels.
o William Allen Theater Presentation: "Beauty and Duty: The History of the American
Servicewoman's Uniform," featuring live models wearing actual vintage service uniforms while
discussing the significance of each.
o Evening: Vietnam film in the theater, free to the public.
Sunday, November 11:
o Performance by a local community orchestra
o A color guard presentation
o Public program featuring civilian and military guest speakers
o Family programs throughout the day
o All U.S. veterans and current U.S. military personnel receive free Museum admission
CA Revised December 2016 Page 5 of 8
o William Allen Theater Presentation: WWI Centennial talk with US Air Force historian, presented
by AFAA
Presenting Sponsor Benefits:
o Acknowledgment of City of Tukwila as a presenting sponsor for the entire weekend
o Logo on Museum of Flight Veterans Day related website and calendar pages
o Display of City of Tukwila banner in prominent locations. Banner provided by city.
o 8-10 posts that tag and mention Tukwila supporting Veterans Day activities, also allowing the
City to cross promote other activities in the City. Museum shall reach out to the City one month prior to the
event to collaborate the social media posts.
o Dedicated table space to provide information and giveaways about City Hospitality resources.
o Tukwila City logo on full -page back cover event ad in the Museum's November/December Aloft
magazine seen by 20,000 people, including 18,000 members who receive the magazine in the
mail and Museum visitors who pick up the magazine at the Membership or Visitor Service desk.
Total Value: $20,000
C. Santa's Landing Party weekend: December 15-16, 2018
Santa's Landing Party Holiday Event: Holiday themed activities in and around the Museum welcome
families. The City shall be listed as the presenting sponsor for the "Santa's Landing Party." The
presenting sponsor status shall be listed on all digital media (website and email marketing), print ads, and event collateral.
The Museum will ensure that the City listed for the event location says, "Tukwila."
Planned events include:
o Santa and Mrs. Claus make a dramatic entrance by airplane or helicopter (weather dependent).
o Local community orchestras provide holiday music.
o The Museum hosts a variety of family -fun activities.
Presenting Sponsor Benefits:
o 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.
o Minimum of five social media cross -promotion posts leading up to and during the event. Museum
shall reach out to the City one month prior to the event to collaborate on the social media posts.
o Dedicated table space to provide information and giveaways about City Hospitality resources.
Total Value $5,000
CA Revised December 2016 Page 6 of 8
Exhibit "B"
Compensation and Method of Pavnment and R�»poxtinq
Compensation and Method ofPaymert
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
$30'000.00.
Invoices and request for reimbursement shall bemailed to:
City of Tukwila
ATTN:Brandon Miles
62OOGouthoenterBlvd.
Tukwila, VVA981M8
The following are the dates and amounts to be invoiced to the City.
Invoice
#
Date (no later
than):
Amount:
For:
1
November 30.
2018
$25.000
Museum ofFright and Veteran's Day
2
Decenlbar31.
2018
$5.000
Santa Fly |n
Should the Contractor choose tocancel ormodify any of the events sponsored bythe 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.
Repnrtinq Requirements
With each invoice, the Contractor shall provide the following bothe City:
1. Estimate number ofattendees for each event.
2. VVebaiteviews onthe Contractor's mmbnitoofthe event page
3. Likes, follows, and shares unsocial media for the event.
4. Examples ofmarketing material prepared Uopromote the event.
5. List ofany earned media for the event.
8. Any other document the Contractor wants to provide to demonstrate success of the event and
marketing activities.
CARevised December 2O10 Page 7of8
|nadditional the items outlined above, the following information shall be included with the December 31,
2018 invoice. This information is required to be collected by Washington State law.
Aoadirect result ofyour proposed tourism -related service, provide anestimate of:
a. Overall attendance atyour proposed
eve nUaCtivitv/faci|itv?
b. Number ofpeople who traveled fewer
than 5Umiles for your event/activhx?
c. Number mfpeople who traveled more
than 5Omiles?
d. Ofthe people who traveled more than
5Omiles, the number ofpeople who
traveled from another country or
state?
e. Of the people who traveled more than
5Umiles, the number ofpeople who
stayed overnight in ?
f. [)fthe people who stayed overnight,
the number ofpeople who stayed in
PAID accommodations
(hotel/motel/bed-breakfast) in
Tukwila?
/exommp|e:25paid rooms onFriday and 5O
paid rooms on SetunJey= 75paid lodging
room nights.)
g. Number ofpaid lodging room nights
resulting from your proposed
eve nt/activitv/faci|i[y(exornp|e: 25
paid rooms VnFriday and 5Opaid
rooms onSaturday =75paid lodging
room nights)?
Provide information onhow the above actuakswere determined.
Reports and Deliverables shall besubmitted to:
City OfTukwila
ATTN:Brandon Miles
820O8outhoonkarBlvd.
Tukwila, VVAS81M8
CARevised December 2018 Page 8o[8