HomeMy WebLinkAbout12-017 - Southwest King County Chamber of Commerce - 2012 Tourism (Seattle Southside Visitor Services)Contract No 12 -017
CONTRACT FOR SERVICES Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter
optional municipal code city hereinafter referred to as "the City and the Southwest King County
Chamber of Commerce, hereinafter referred to as "the Contractor whose principal office is located at
14220 Interurban Avenue South, Suite 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. Scone 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. Comaensation and Method of Pavment. 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 $20,000 at a rate of $5,000 per
N l
quarter.
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 January 1, 2012 and ending December 31, 2012 unless sooner terminated under the
provisions hereinafter specified.
5. Indeaendent 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.
6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned by any act,
omission or failure of the Contractor, its officers, agents and employees, in performing the work
required by this Agreement. With respect to the performance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees,
and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is
mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages referenced by
this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or
employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the
extent of the negligence of the Contractor, its officers, agents, and employees.
7. Record Keening and Resorting.
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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.
8. Audits and Insnections. 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. 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.
10. Discrimination Prohibited. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be provided under
this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
11. 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.
12. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement,
shall be deemed to exist or bind any of the parties hereto. Either parry may request changes in the
agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement.
13. 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.
14. Auulicable 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 0 day of Pe A r "Or c-1 20 l
CITY TUKWIL
By: t
06 agg��yor
HENTICATED:
Christy 'Flakier, CM City Clerlr
CONT CTOR:
B
T itle: t" (�o 'a (lam
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Printed Name: V�a11 G r t,
Address: MD,-4D ('Lk 16
APPROVED AS TO FORM: 11r.1Lwi G \)sA Q I U
Office of the City Attorney
Date approved by City Council:
BY �,Q,f' la, L" (Applicable if contract amount is over $40,000)
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Exhibit A
Scope of Services
1. Maintain a chamber of commerce office, website, and phone number. Refer all tourism related inquiries to Seattle
Southside. Tourism inquiries include those from leisure travelers, business travelers, and meeting planners.
2. Include Seattle Southside link on the Chamber's website homepage and all relevant sections.
3. Not use "convention and visitors bureau", "tourism or "destination marketing organization" in the Chamber's
name or marketing of itself.
4. Include a Seattle Southside vacation planner and map in all relocation packets issued by the Chamber.
5. Include Seattle Southside as a full chamber member with all the regular benefits of a business member.
6. Promote Seattle Southside's annual Tourism Networking Meeting to the Chamber membership via email invitation
and articles in the Chamber's newsletters.
7. Use Seattle Southside's Facebook, Twitter and blog posting as vehicles for cross promotional partnership on the
Chamber's social media platforms.
8. Encourage Chamber members to participate in Seattle Southside's major marketing initiatives and promotional
campaigns i.e.: Share Your Winter Adventure
9. Include a 1/6 page advertisement in the chamber's 2013 business directory and community profile. Seattle
Southside to provide the artwork.
10. Provide Seattle Southside with the opportunity to market its services to the Chamber membership at one of the
monthly membership luncheons.
1.1. Co- sponsor the Southcenter Marketing Partnership meetings, events, and promotions to attract visitors from
outside the Tukwila city limits to local restaurants, shops, and attractions in Tukwila.
12. Support the City's effort to attract visitors to local events by giving the City the Chamber's list of festival vendors
or giving the city's event information to the festival vendors.
13. With each quarterly invoice, provide a quarterly report showing, by month:
Number of inquiries referred to Seattle Southside (see #1 above)
Number of relocation packets issued (see #4 above)
Number of social media postings (see #7above)
Summary of activities as co- sponsor of the Southcenter Marketing Partnership (see #11 above)
Description of other Chamber work supporting tourism.
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Exhibit B
Compensation
Contractor shall submit invoices to the City within seven (7) days of the end of each quarter. Invoices
shall be mailed to:
Seattle Southside Visitor Services
3100 South 176 Street
Seattle, WA 98188
The total amount to be paid under this contract shall not exceed $20,000 and will be paid at a fixed rate
of $5,000 per quarter.
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