HomeMy WebLinkAbout24-150 - Somali Independent Business Alliance - Sullivan Center Fashion ShowCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number: 24-150
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 the Somali Independent Business
Alliance, hereinafter referred to as "the Contractor," whose principal office is located at 9421 Shaffer Ave
South, Seattle WA 98108.
WHEREAS, the City has determined the need to have certain services performed for its community
but does not have the staffing 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 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. 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 $10,000.
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
October 30, 2024 and ending December 15, 2024, 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.
6. Indemnification. 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.
CA Revised May 2020 Page 1 of 4
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. The 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:
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2. Commercial General Liabilitv 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.
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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 Contractor, 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 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
CA Revised May 2020 Page 2 of 4
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
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.
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 Public
Entity 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 cancellation, 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
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 Renortina.
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.
CA Revised May 2020 Page 3 of 4
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 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. Annlicable Laws 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 28th day of
CITY OF TUKWILA
DCS CSigned by:
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Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Signed by:
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Andy Youn, City Clerk
APPROVED AS TO FORM:
Signed by:
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Office of the City Attorney
October , 2024.
CONTRACT �OR:
By:
Printed Name: Nafiso Samatar
Title: President
Address: 9421 Shaffer Ave South
Seattle WA 98108
CA Revised May 2020 Page 4 of 4
EXHIBIT A
SCOPE AND SCHEDULE OF SERVICES
Contractor's Responsibilities:
Reservation of Sullivan Center: Contractor will reserve the Sullivan Center at Tukwila Village for the
event.
Event Flyers: Contractor will provide draft event flyers to City with text only, no graphics. Contractor will
advise City on appropriate photos, images, and graphics.
Business Photo Shoot: Contractor will arrange a single, 3 -hour time where the City's photographer can
visit Medina Mall and take photos of at least 7 businesses. Businesses will need to sign City's form
allowing City use of the photos. Contractor will post the photos on Contractor's website bie(finai[_ .a U IeD
and provide electronic copies of the photos to the businesses.
Google Profiles: Contractor will help at least 7 businesses in Medina Mall create free business profiles on
Google using the photos provided by the City.
Marketing: Contractor will promote the event using the flyers, websites, and links to the Experience
Tukwila social media provided by City. Contractor will distribute the flyers.
Host Event: Contractor will host a fashion show at the Sullivan Center on December 8, 2024. Contractor
will arrange the fashion show's models, clothing, music, program, decorations, and food. Contractor will
coordinate opportunities and incentives for the audience to visit local businesses such as the Medina Mall,
Cafe Pie, and Spice Bridge before and after the fashion show.
Report: Contractor will provide a report to City by December 10. Report needs to include a description of
the event plus:
• # of businesses participating
• # of women and minoritv owned businesses (WMBE) aarticipatina
• # of attendees at the event
• # of website visits, pace visits, and links clicked on medinamall.net durina promotional period
Prohibitions: Contractor may not use employees unless it meets requirement 7 A (3) under this contract
Contractor may not operate motor vehicles unless it meets requirement 7 A (1) under this contract.
City's Responsibilities:
Event Flyers: City will create finished event flyers using City's graphics and text from Contractor's draft
event flyers. City will provide final event flyer to Contractor in PDF and printed copies.
Business Photos: City will provide a photographer for a single, 3 -hour photo shoot to take photos of
businesses in Medina Mall. City will provide JPEG versions of the photo to Contractor for Contractor to use
and share with the businesses for their use.
Marketing: City will market the event through its Experience Tukwila social media, including some paid
advertising.
Event Photos: City will take photos at the event and provide digital copies to Contractor.
Assignment: City may assign City's work to City staff or other contractors.
CA Revised May 2020 Page 5 of 4
EXHIBIT B
COMPENSATION AND PAYMENT
City shall pay Contractor according to the following schedule:
Phases of Contractor's Work
Payment to
Contractor
Confirmed reservation of the venue rental
$2,000.00
Completion of draft event flyers
$1,000.00
Completion of visit by photographer to at least 7 businesses in Medina Mall _..
$1,000.00
CompletionProfiles for least.7...Medina...M... 11 businesses
pletio f Google s i al
. ................................._... ..
Completion of event and submittal of final invoice and report
$5,000.00
Total
$10,000.00
Contractor may invoice City at any time for any of the phases of work shown above once that phase is
complete. Contractor must provide the final invoice to City by December 10.
City will put a check in the mail according to the following schedule:
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City Puts Check in the Mail
November 5
November 12
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November 19
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November 19
November 26
November 26
December 3
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December 3December
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10
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December 10December
17
CA Revised May 2020 Page 6 of 4