HomeMy WebLinkAbout19-055 - Starfire Sports - 2019-2020 Tourism PromotionCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR LODGING TAX FUNDING
19-055
Council Approval 3/18/19
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 Starfire Sports, hereinafter referred
to as "the Contractor," whose principal office is located at 14800 Starfire Wy; Tukwila, WA 98188.
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 January 22, 2019 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 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. Sco a and Schedule of Services to be Performed b 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 $44,500.
3. Duration of A reement. This Agreement shall be in full force and effect for a period commencing
March 1, 2019, and ending March 30, 2020, unless sooner terminated under the provisions
hereinafter specified.
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
CA Revised 2012
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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,
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 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. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. 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.
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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,
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. 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. 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, 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.
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12. 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.
13. 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.
14. Severabiility 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
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.
16. AplicableLaw: 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 C'
day of
CITY OF TUKWILA
Ilan (berg, Mayor
ATTEST/AUTHENTICATED;
City clerk, Christy O'Flaherty
APPROVED AS TO FORM.
CA Revised December 2016
,20 �..
CONACTOR
By:
Printed Name and Title: GJ
Address: i 4' be. SA--.rt
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Office of the City Attorney
CA Revised December 2016
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Exhibit "A„
Scope of Services
General:
Contractor shall organize, promote and facilitate tournaments, leagues and events at Starfire Sports
Complex with the goal of attracting over 10,000 overnight hotel/motel room nights and 1.3 million annual
visitors (not unique visitors) in a collaborative working relationship with the City of Tukwila. The purpose
of this agreement is for the tracking of hotel bookings, promotions and marketing.
1. As needed, contractor shall refer teams and event directors directly 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 and, where possible, require other 3rd party organizers holding
tournaments and events at Starfire to utilize Seattle Southside (Tukwila, SeaTac, and Des
Moines) lodging businesses. Contractor will provide 3rd party organizers a one -page promotional
flyer as an attachment (to be provided by the City) to its rental agreements.
3. Contractor shall provide a prominently placed City of Tukwila logo to the sponsor section of the
landing page of www.starfiresports.com website.
4. Contractor will promote City of Tukwila attractions and activities through its marketing
department, league information, and tournament relations via links in email signatures and
information in event documents. Information may be regarding non -city activities. Attractions and
events promoted by the City, with the contractor, cannot be in conflict with business interest of
Starfire Sports.
5. Contractor and City shall work in conjunction to provide content in the regular e-newsletters from
Starfire Sports about Tukwila attractions and activities. Attractions and events promoted by the
City, with the contractor, cannot be in conflict with the business interests of Starfire Sports.
6. In all collateral, press releases, medias, etc. where a location is mentioned, contractor shall
always identify the location of Starfire as being located in "Tukwila." Contractor shall encourage
third parties operating at or hosting events at Starfire to also list the location as "Tukwila."
7. Provide a minimum of four social media post per month promoting activities, dining, shopping,
and/or hotels in the City. Content to be provided by the City and approved by Contractor.
8. As deemed most appropriate by Contractor, use the #Tukwila or the name "Tukwila" in social
media posts on Facebook, Twitter, Google+ and/or Instagram.
9. Contractor shall make available free meeting space, during regular operating hours by the
Contractor, for the City, provided City events do not conflict with paid meeting reservations.
10. Contractor shall work with the City to promote events in the City, including but not limited to City
sponsored events, events sponsored by third parties, and grand openings of businesses within
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the City. Events promoted by the City, with the contractor, cannot be in conflict with the business
interests of Starfire Sports.
11. The City of Tukwila shall also be considered a tournament partner for 2019. As a tournament
partner the City shall be receive the following benefits:
a. City included as part of the Tournament /logo (e.g. The Starfire AstroTurf® Cup, Tukwila,
WA).
b. Visibility on www.starfiresports.com homepage, youth tournaments landing page,
tournament event page, and drop -down navigation menu
c. 300px by 300px placement on the tournament event page and tournament landing page
of starfiresports.com
d. 300px by 300px placement in all registration and announcement emails related to the
tournaments
e. (6) Banners displayed during each day of the tournaments; banners to be provided by
City
f. (1) 10' x 10' booth during each day of the sponsored tournaments
g. (1) PA Announcement mention every 4 hours during each day of the tournaments
h. (1) 8.5" x 11" promotional flyer in all sponsored tournament(s) coach's packets
i. (1) 100px by 75px placement in two Starfire newsletters
j. (1) Marketing email sent to all tournament participants
k. (1) Rotating placement in the Starfire Media Center during the tournament season
I. Mentions via Starfire's social media platforms
m. Opportunities for City officials to participate in Tournament award presentations
CA Revised December 2016 Page 7 of 9
Exhibit "B"
Compensation, 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 $44,500.
Invoices and request for reimbursements 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 invoices to the City:
Invoice #
1
2
3
Date o later than Amount
June..........a30, 2�0139.........................................._...$14,834
September 0, 2019
$14,833
December 31, 2019 I $14,833
Should the Contractor choose to reduce or modify services outlined in Exhibit "A" of this Agreement,
the City may choose to reduce the awarded funds. The amount reduced shall be at the sole
discretion of the City.
Renortin„a Requirements
With each invoice, the Contractor shall provide the following to the City:
1. Estimate number of attendees for tournaments and events at Starfire.
2. Social Media Engagmene.t
3. Any other document the Contractor wants to provide to demonstrate success of the event and
marketing activities.
CA Revised December 2016 Page 8 of 9
In additional the items outlined above, the following information shall be submitted to the City no later
than February 1, 2020. 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 a
.�.. _.....aa.. _.w. ....
ttendance at your proposed
event/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
eventiactivity/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
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