HomeMy WebLinkAbout25-212 - Contract - Starfire Sports - Lodging Tax Funding: Tourism Promotion Activies25-212
Council Approval 6/23/25
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 Starfire Sports, a 501(c)(30 non-profit,
hereinafter referred to as "the Contractor," whose principal office is located at 14800 Starfire Wy, Tukwila,
WA 98188.
WHEREAS, theCity imposes a special excisetaxunder Chapter 82.08 Revised Codeof 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 May 9, 2025, 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. Scope and Schedule of Services to be Performed by Contractor. Contractor shall perform those
services described on MExhibit 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 $160,000.
3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing July
1, 2025, and ending January 31, 2027, 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
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 torm 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 $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 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.
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.
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 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 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 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.
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. 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
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. Aoplicable Law, 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.
RN
DATED this 8th day of July 2025.
CITY OF TUKWILA
ESigned by:
At(tu�
45B*4
Thomas McLeod, Mayor
Signed by:
Youn-Barnett, City Clerk
IVW*2200�*• t 1l
Signed by-
a"-d�
E -452 --
Office of the City Attorney
By:
Printed Name:
Title:
Address:
.................
Scope of Services
Contractor shall organize, prornote, and facilitate soccer tournaments, Leagues, and events at
Starfire Sports with the goat of attracting over 10,000 overnight hotel/motel roorn 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,
1. 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 Lodging, restaurants, attractions, and transportation companies, etc.
or directly to the City.
2. Contractor will encourage, and where possible, require 3,rl 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 be directed
to lodging businesses in the cities of SeaJac and/or Des Moines before going to a non -
Explore Seattle Southside city. Contractor wilt provide 3rd party organizers a one-
page promotional flyer as an attachment (to be provided by the City) to its rental
U-MMOOM
3. The contractor shall, provide a prominentLy placed Experience Tukwila
Logo and link to ExperienceTukwita.com on the Partners page of
Starfire Sports website. This wilt include the clickable logo that
Tukwila chooses to use.
4. The contractor shalt provide two (2) prominent social media posts
highlighting the City's sponsorship per year. Draft post to be
5, The contractor's social media accounts shall follow the City's
Experience Tukwila accounts on at[ applicable social media
channels.
For Tournament communications, 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, through the contractor, cannot be in
conflict with business interests of Starfire Sports,
6. Contractor and City shalt work in conjunction to provide content in regular e -newsletters
from Sta rfire Sports about Tukwila attractions and activities. Attractions and events
promoted by the City, through the contractor, cannot conflict with the business, interests
of Starfire Sports.
7. In all collateral, press releases, media, etc. where a location is mentioned,
contractor shalt always identifythe location of Starfire as being located in
"Tukwila, WA." Contractor shalt encourage third parties operating at or hosting
events at Starfire to also list the location as "Tukwila, WA."
8. As deemed appropriate by Contractor, use the #Tukwila or the name Tukwila in social
media posts. Additionally, Contractor shalt took for oppo tag the
@ExperienceTukwila social media handles.
9, Contractor shalt 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 the City. Events promoted by the City with the
contractor, cannot conflict with the business interests of Starfire Sports.
10. The City of Tukwila shalt also be considered a tournament partner for 2025 and
2026. As a touirnament partner the City shalt receive the following benefits:
aTukwila shalt be included as part of the tournament name and/or logo.
Logos are already designed including the word Tukwila.
b. A link to ExperienceTukwita.com on the Starfire homepage, youth
tournaments landing page, tournament event page, and drop-down
navigation menu.
c. Six 4'xB' banners displayed dUringeach day of the tournament; banners to b(;
provided by the City.
dOne 10'x10' booth duringeach day of the sponsored tournament, The City,
with Starfire's permission, may assign this booth to another partner.
e. One 8.5" x 11 " promotional flyer in all sponsored tournament(s) coach's
packets (to be provided by City, which could include promotional flyers from
Explore Seatte southside).
MMAURM
-on =ne GITI, a ruqijes of, lialrMen or sell-Tices an,#, sl s 1 i ren ell
under this Agreement. The tota I compensation to the Contractor under this Agreement shall not
exceed $ 60,000 ($80,000 in 2025 and $80,00lO in 2026).
T --on
,to
,tqPfiF??L" —'# dT 111 TtP r s•F.' I I L bi ,a LL M
III illiq
Invoice #
Date (No Later Than)
Amount
1
July 31, 2025
$20,000
2September
. ........................... ....
........... 30, 2025
$20,000
3
November 30, 2025
$20,000
...... .. .... . ...........
4 (final payment for 2025)
......
January 20, 2025
. . . . . . . ....................................... ..... ....
$20,000
5
April30,2026
$20,000
6 . ........ . ..... .. . . . ............ . ..
..............w.
June 30, 2036
$20,000 ------------------- ----- - - ---
.
7
September 30, 2026
$20,000
. .... . --------- . . . . ......................................... - . .........
8 (final 20
payment payfor 26)
................ ..................... . ... ...
................................. ... ........................................................ ............... .
January 20 1
, 2027
... ... . ...... . . . .......................
$200
,00
. ... . . . . ... ... . . ....................... ..............
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
shalt be atthe sole discretion of the City.
With each invoice, the Contractor shall provide the following to the City:
1. Estimate number of attendees for tournaments and events at Starfire.
717MOIN
MES=
41 r=
��11111!11!
it Mr=
P,
I I I I a L. 1, 1. 511 C:1 L L A t 4. Lit
the, City no, later than January 20, 2026 for the calendar year of 2025 and no later thian
Ja nua ry 20, 2027 f or th e cate Ind a r yea r of 202 6. T h is i nf o rmation is req u i red to be
collected by the City and reported to the State of Washington.
As a direct result of your proposed tourism-retated service, provide an estimate of:
.................. ....... . -- ........ . . -- . ....... ------ ---
a.
Overatt attendance at your proposed event/activity/facility.
1130000
b
Number of people who wit) travel fewer th an 50 miles for your
event/activity.
1-40-4, 0 0C)
c.
Number of people who will travel more than 50 mites, for your
event/activity.
1010C)o
d.
. ........ .... -- ----------------- ------------------
Of the people who travel more than 50 mites, the number of people
. ...... ............ ..... . . ....... .............
who will travel from another country or state.
----------
e.
- - ----- ----------------------- - - . .
Of the people who travel more than 50 miles, the number of people
. ........
�
who will stay overnight in Tukwila.
f.
Of the people staying overnight, the number of people who will stay
in PAID accommodations (hotet/motel/bed-breakfast) in Tukwila.
.
g.
.... .................... ------
Number of paid lodging room nights resulting from your proposed
event/ activity/facility (for example: 25 paid rooms on Friday and 50
paid rooms on Saturday = 75 paid lodging room nights)
City of Tukwila Contract plumber:
6200 Southcenter Boulevard, Tukwila WA 98188
d. Of the people who traveled more than 50
miles, the number of people who traveled I Z, 3,co
from another country or state?
e. Of the people who traveled more than 50
miles, the number of people who stayed I
ovemight in Tukwila?
f, Of the people who stayed overnight, the
number of people who stated in PAID
accommodations (hotel/motel/bed- DO
breakfast) in Tukwila?
g. Number of paid lodging room nights
resulting from your proposed
event/activity/facility (example: 25 paid lot
room nights on Friday and 50 paid room
nights on Saturday == 75 paid lodging
room nights)?
provide in1brmation on how the above acttials were detennined.. Reports
an([ Deliverables shall be submitted to:
Attachments:
CA Revised May 2020 Page I I of'
1.1