HomeMy WebLinkAbout23-141 - Starfire Sports - 2023-2024 Tourism PromotionCity of
Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 23-141
Council Approval 7/17/23
CONTRACT FOR LODGING TAX FUNDING
This Agreement is entered into by and between the City of Tukuv|a. VVaahinotmn, a non -charter
optional municipal code city hereinafterrofgrnedbo aa"the Citx.^ and Starfire Sports, hereinafter referred
to as "the Contractor," whose principal office is located at 14800 Starfire Wy, Tuhwi|o, VVmehington,
98188.
WHEREAS, the City imposes a special excise tax under Chapter 82.08 Revised Code of
Washington /RCVV\, known as the "lodging tax," on furnishing of lodging in hota|a, motels and similar
business enterprises, as authorized under Chapter 67.28 RCWand
WHEREAS, the City is authorized to use the lodging tax revenue for tourism promotion,oa
defined by Chapter 67.28 RCW; and
WHEREAS,Contractor is able to help promote thCity both overnight and day visitors, driving
business to Tukwila restaurants, hotels, retailers, and entertainment establishments; and
WHEREAS,on February 10, 2023, 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. agsiste 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 aan/|oaa. Contractor shall at all times comply with all Federal, State,
and local ototubae, 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. Com ce isatiot and Method ofPa ment. 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 tobapaid shall not exceed $110,ODW.
3. Duration of iyireement. This Agreement shall be in full force and effect for a period commencing
upon aracudon, and ending December 31, 2024, unless sooner terminated under the provisions
hereinafter specified.
4. Inde endent 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
CA R.evised May 2020
Page 1 of 9
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. 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. insuran.ce. Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for ijuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contnaotor, their aQento, rapneoantmUvea,
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 iimit the City's recourse to any remedy availabie at Iaw or
in equity.
A. Minimum Scope of Insurance. Contractor shali obtain insurance of the types and with the Iimits
described below:
1 Automobile liabilityAutornobUeL.iabUty insurance with a minimum combined single limit for bodily ijury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover all
ovvnmd, non-oxvnmd, 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 poiicy shail be endorsed to provide contractuai Iiability coverage.
2. ConnmerciaLGeneral LabHity insurance with iimits no Iess than $2,000,000 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 shali cover Iiability arising from premises, operations,
independent contractors, products -completed opmrabone, stop gap Iiability, peraonml injury
and advertising ijury.and|iob/|ityaoaunnadunderaninounedoontnact. The Commercial
General Liability insurance shali be endorsed to provide a per prject general aggregate
limit using ISO form CG2503O5O9oranequivalent endorsement. There shall be no
exclusion for liability arising from explosion, collapse or underground property damage. The
City shail 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.Compensation coverage as required by the industriai insurance iaws of the State
CA Revised May 2020 Page 2 of 9
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the full
available limits of Commercial General and Excess or Umbrella liability maintained by the
Contnactor, irrespective of whether such limits maintained by the Contractor are greater than
those required by this Contract or whether any certificate of insurance furnished to the Public
Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to cmntain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any inouronog, ae|f-inauranom, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
D. Acceptabilityof|msumonm. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
E. 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
endoromnnmnt, 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 po|inieo, including ondoreennenta, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits 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
policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations
and CG 20 37 10 01 for completed operations,
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy oanco||otion, within two business days of their receipt of
such notice.
H. 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 thanym/ith, with any sums so expended to be repaid to the City on dannond, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
8. Recoriii,(21,epjn and Re ortin
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 periodofsaven[DymonemfterternlinaUonharaofunksas
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 Ins ections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to |namecbon, review or audit by law during the performance
CA Revised May 2020 Page 3 of 9
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 regardtothe work performed by it underthis
Agnaarnant, will not discriminate on the grounds of race, na|igion, oraed, oo|mr, national oriQin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any diaabi|ity, or any other protected class status under state or federal |axv, in the
selection and retention of employees or procurement of materials or supplies.
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 Agnaannant, together with attachments or addendo,
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. Severability 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 Aoneemant,
which by their sense and context are reasonably intended to survive the oonnp|ation, expiration or
cancellation of this Agneernent, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the foflowing address:
City Clerk, City of Tukwila
O2DO8outhcantarBlvd.
Tukwila, Washington 98188
With a copy to:
Office of Economic Development
City of Tukwila
02OO8outhoanterBlvd.
Tukwila, WA 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. A Law' Fees. This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington. In the event any suit, orbitraton, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be properly Iaid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit.
CA Revised May 2020 Page 4 of 9
DATED this 18th day of Au ust
CITY OF TUKWILA
DocuSigned by:
BJM
2023
CONTRACTOR;.
`w--- 1F89FE09132B402...
Allan Ekberg, Mayor 8/18/2023 1 12 : 32 PM PDT
By.
ATTEST/AUTHENTICATED:
DocuSigned by:
L
u' `Sfy 6)-' F
88678483CB594E7...
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
L!DocuSigned by: �"
tA46/tilt/p. Th�(v.w,�
402D232E834A49E... (/
Office of the City Attorney
CA Revised May 2020
Printed Name:
.,'ntlie:
Address:
Page 5 of 9
Exhibit "A"
Scope of Services
General
Contractor shall organize, promoteand facilitate soccer tournaments, leagues, and events at Starfire Sports 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 Explore Seattle Southside (Seattle
Southside Regional Tourism Authority), a destination marketing organization for the City, for assistance
with lodging, restaurants, attractions, and transportation companies, etc. or directly to the City.
2. Contractor will encourage, and where posible, require other 3' party organizers holding tournaments
and events at Starfire to utilize Tukwila lodging businesses. In the event that Tukwila hotels are unable to
accommodate a group, referrals should lodging businesses in the cities of SeaTac and/or Des Moines
before going to a non -Explore Seattle Southside city. Contractor will provide 3rhd party organizers a one-
pagepromotiona|0yerasanattachment(tobeprovidedbythe[ity)toi1srenta|a8veements.
3. The contractor shall provide a prominently placed Experience Tukwila logo and link to
ExperienceTukwila.com on the sponsor section of the landing page.
4. The 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 the event
documents (to be provided by City). Information may be regarding non -city activities. Attractions and
events promoted by the City, with the contractor, cannot be in conflict with the business interest of
5tarMneSports.
S. 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
identifythe|ocabonofStarOneasbeing|ostedin^Tukmi|a.^ContractorshaUencouragethindparbes
operating at or hosting events at Starfire to also list the location as "Tukwila."
7. Provide a minimum of four social media posts per month promoting activities, dining, shopping and/or
hotels in the City (to be provided by City).
8. As deemed mosappropriate by Contractor, use the #Tukwila or the name Tukwila in social media posts.
Additionally, Contractor shall look for opportunities to tag the @ExperienceTukwila social media
handles.
9. Contractor shall work with the City to promote events in the City, including but not limited to City
CA Revised May 2020 Page 6 of 9
Event promoted by the City ,with the contractor, cannot conflict with the businessinterest of Starfire
Sports.
10. The City of Tukwila shall also be considered a tournament partner for 2023 and 2024.As a tournament
partner the City shall receive the following benefits:
a. Tukwila shall be included as part of the tournament name and/or logo. Logos are already
designed including the word Tukwila.
b. A link to ExperienceTukwila.com on the Starfire homepage, youth tournaments landing page,
tournament event page, and drop-down navigation menu.
c. Six banners displayed during each day of the tournament; banner to be provided by the City.
d. One booth during each day of the sponsored tournament. City, with Starfire permission, may
assign this booth to another partner.
e. One83"by11^promobuna|flyerinaUsponsoredtournament(s)coach'spacket(tobeprovided
by City).
f. One marketing email sent to all tournament participants (to be provided by City).
g. Rotating placement in the Starfire Media Center during the tournament season.
h. Mentioned in Starfire's social media platforms.
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Exhibit "B"
Compensation and Payment Method
Compensation and Method of Pa nent
Contractor shall submit to the City a request for payment for services and sponsorships rendered under
this Agreement. The total compensation to the Contractor under this Agreement shall not exceed
$110,000 ($55,000 in 2023 and $55,000 in 2024).
Invoices and requirement for payment shall be emailed to .
The foliowing are the dates and amounts to be invoiced:
|mmke#�a�|���a� Amount
(no'
1 $18,333
2 October 3O.2D23 $18,333
3 December 31^2O23 $18,334
4 March 3O.2O24 $13.750
5 �June 3O^2O24 $13.750
6
7
Sgptember3D.2O24
December 31, 2024
$13,750
$13,750
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.
Reporting Rpg.gtrements
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 engagement.
3. Any other document the Contractor wants to provide to demonstrate success of the events and
marketing activities.
In addition to the items outlined above, the following information shall be submitted to the City no later
than February 1, 2024 for the calendar year of 2023 and no later than February 1, 2025 for the
calendar year of 2024. This information is required to be collected by the City and reported to the State
of Washington.
As a direct result of your proposed tourism
related services, provide an estimate of:
a. Overall attendance at your proposed
b. Number of people who traveled fewer
than 50 miles for your event/activity?
c. Number of people who traveled more
than 50 miles?
CA Revised May 2020
Page 8ufH
d. Of the people who traveled more than 50
miles, the number of peole who traveled
from another ����
e. Of the people who traveled more than 50
miles, the number of people who stayed
overnight iTukwila'?
f. Of the people who stayed overniht, the
number of people who stated in PAID
accommodations (hotel/motel/bed-
breakfast) in Tukwila?
Number of paid lodging room nights
resulting from your proposed
event/activity/facility (example: 25 paid
room nights on Friday and 50 paid room
nights on Saturday = 75 paid lodging
room ni•hts)?
Provide information on how the above actuals were determined..
CA Revised May 2020 Page 9 of 9