VISITOR & TOURISM CONTRACT
between the City of Sumner and
Organization Name
THIS CONTRACT is made between the City of Sumner, a Washington municipal
corporation (hereinafter the "City"), and Organization Name organized under the laws of the
State of Washington, located and doing business at Address, Phone (hereinafter the "Service
Provider").
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I.
DESCRIPTION OF WORK.
Service Provider shall implement a professional tourism promotion program for the
City of Sumner which shall include:
Efforts toward a collaborative plan to increase overnight hotel/motel stays in
Sumner. See Exhibit A-Application for details.
Compensation will be completed through reimbursement for approved
services. Service provider understands and will adhere to the compensation
schedule for invoicing, reporting and reimbursement—see Exhibit B. Failure
to follow the schedule terminates this contract. Only those services
rendered within the term of the contract are reimbursable.
Service Provider further represents that the services furnished under this Contract will
be performed in accordance with generally accepted professional practices within the Puget
Sound region in effect at the time those services are performed.
II.
TERM OF CONTRACT. The Term of this Contract shall be from January 1, 2016
through December 31, 2016.
III.
COMPENSATION.
A.
The City shall pay the Service Provider an amount not to exceed $XX for the
services described in this Contract. This is the maximum amount to be paid under
this Contract for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed amendment to this Contract.
B.
The Service Provider shall submit quarterly reports (see Exhibit C) with payment
invoices to the City for work performed according to the schedule in Exhibit B upon
completion of all services described in this Contract. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Service Provider and reserves the
option to only pay that portion of the invoice not in dispute. In that event, the
parties will immediately make every effort to settle the disputed portion.
C.
Reimbursement requests should not be accompanied by receipts. The Service
Provider shall keep all receipts/documentation and provide them to the City or
State Auditor only upon request. All compensation payments shall be subject to
the adjustments for any amounts found upon audit or otherwise to have been
improperly invoiced, and all records and books of accounts pertaining to any work
performed under this Contract shall be subject to inspection and audit by the City
for a period of up to six (6) years from the final payment for work performed under
this Contract.
D.
The Service Provider shall recognize the City of Sumner for this support in some
form such as print or electronic advertisements, website, newsletter.
E.
The Service Provider shall provide reports as outlined in Exhibit C of the work
completed during the contract period as well as any and all other reports requested
by the City. The Final Report for the State of Washington is due to the City of
Sumner no later than February 28 of each year for the prior calendar year. Failure
to provide a Final Report will be cause for termination of the current year’s contract
(if applicable) and may result in the Service Provider being ineligible for future
funding reimbursements or contracts.
IV.
INDEPENDENT CONTRACTOR.
The parties intend that an Independent
Contractor-Employer Relationship will be created by this Contract and that the Service Provider
has the ability to control and direct the performance and details of its work, the City being
interested only in the results obtained under this Contract.
V.
TERMINATION. Either party may terminate this Contract, with or without cause,
upon providing the other party thirty (30) days written notice at its address set forth on the
signature block of this Contract. After termination, the City may take possession of all records
and data within the Service Provider’s possession pertaining to this project, which may be used
by the City without restriction. Any allocated funds remaining will be reallocated to the City. If
the City’s use of Service Provider’s records or data is not related to this project, it shall be
without liability or legal exposure to the Service Provider.
VI.
DISCRIMINATION. In the hiring of employees for the performance of work under
this Contract or any subcontract, the Service Provider, its subcontractors, or any person acting
on behalf of the Service Provider or subcontractor shall not, by reason of race, religion, color,
sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical
disability, discriminate against any person who is qualified and available to perform the work to
which the employment relates.
VII. INDEMNIFICATION/HOLD HARMLESS. Service Provider shall defend,
indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless
from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney
fees, arising out of or in connection with the Service Provider’s performance of this Contract,
except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Service Provider’s work when completed
shall not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Contract 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 Service
Provider and the City, its officers, officials, employees, agents and volunteers, the Service
Provider’s liability hereunder shall be only to the extent of the Service Provider’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE SERVICE PROVIDER’S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Contract.
VIII. INSURANCE.
The Service Provider shall procure and maintain for the
duration of the Contract, 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
Service Provider, its agents, representatives, or employees.
No Limitation.
Service Provider’s maintenance of insurance as required by the
Contract shall not be construed to limit the liability of the Service Provider 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.
types described below:
1.
Service Provider shall obtain insurance of the
Automobile Liability insurance covering 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 shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury. The City shall be named
as an additional insured under the Service Provider’s Commercial General
Liability insurance policy with respect to the work performed for the City.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability insurance appropriate to the Service Provider’s
profession.
Minimum Amounts of Insurance:
following insurance limits:
Service Provider shall maintain the
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
B. Other Insurance Provisions.
The insurance policies are to contain, or be
endorsed to contain, the following provisions for Automobile Liability, Professional
Liability and Commercial General Liability insurance:
1. The Service Provider’s insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Service Provider’s insurance and
shall not contribute with it.
2. The Service Provider’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City.
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
Service Provider 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
Service Provider before commencement of the work.
IX.
EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Service Provider for the purpose of
completion of the work under this Contract.
X.
OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Contract shall
belong to and become the property of the City. All records submitted by the City to the Service
Provider will be safeguarded by the Service Provider. Service Provider shall make such data,
documents, and files available to the City upon the City’s request. The City’s use or reuse of any
of the documents, data and files created by Service Provider for this project by anyone other
than Consultant on any other project shall be without liability or legal exposure to Service
Provider.
XI.
CITY'S RIGHT OF INSPECTION.
Even though Service Provider is an
independent contractor with the authority to control and direct the performance and details of
the work authorized under this Contract, the work must meet the approval of the City and shall
be subject to the City's general right of inspection to secure satisfactory completion.
In order to assist Service Provider with supplying the latest, most accurate information about
the community, its businesses and events, the City highly encourages the Service Provider to
work with the City to fact check draft publications prior to printing and seek feedback on
information listed on websites, apps, etc. Failure to do so could result in inaccurate pieces that
may negatively impact the Service Provider’s future ability to receive funding from the City.
XII. WORK PERFORMED AT SERVICE PROVIDER’S RISK. Service Provider shall
take all necessary precautions and shall be responsible for the safety of its employees, agents,
and subcontractors in the performance of the contract work and shall utilize all protection
necessary for that purpose. All work shall be done at Service Provider’s own risk, and Service
Provider shall be responsible for any loss of or damage to materials, tools, or other articles used
or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A.
Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Contract, or to exercise any option
conferred by this Contract in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
B.
Resolution of Disputes and Governing Law.
1.
Alternative Dispute Resolution. If a dispute arises from or relates to this
Contract or the breach thereof and if the dispute cannot be resolved through direct discussions,
the parties agree to endeavor first to settle the dispute in an amicable manner by mediation
administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies
before resorting to arbitration. The mediator may be selected by agreement of the parties or
through JAMS. Following mediation, or upon written agreement of the parties to waive
mediation, any unresolved controversy or claim arising from or relating to this Contract or
breach thereof shall be settled through arbitration which shall be conducted under JAMS rules or
policies. The arbitrator may be selected by agreement of the parties or through JAMS. All fees
and expenses for mediation or arbitration shall be borne by the parties equally. However, each
party shall bear the expense of its own counsel, experts, witnesses, and preparation and
presentation of evidence.
2.
Applicable Law and Jurisdiction. This Contract shall be governed by the laws
of the State of Washington. Although the agreed to and designated primary dispute resolution
method as set forth above, in the event any claim, dispute or action arising from or relating to
this Contract cannot be submitted to arbitration, then it shall be commenced exclusively in the
Pierce County Superior Court or the United States District Court, Western District of Washington
as appropriate. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award provided by law;
provided, however, nothing in this paragraph shall be construed to limit the City's right to
indemnification under Section VII of this Contract.
C.
Written Notice. All communications regarding this Contract shall be sent to the
parties at the addresses listed on the signature page of this Contract, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Contract or such other address as may be hereafter
specified in writing.
D.
Assignment. Service Provider shall not assign this contract or any interest herein,
nor any money due or to become due hereunder without first obtaining the written consent of
the City, nor shall the Service Provider subcontract any part of the services to be performed
hereunder, without first obtaining the written consent of the City.
E.
Amendment, Modification or Waiver. No amendment, modification or waiver of any
condition, provision, or term of this Contract shall be valid or of any effect unless made in writing,
signed by the party or parties to be bound, or such party's -or parties' duly authorized
representative(s) and specifying with particularity the nature and extent of such amendment,
modification or waiver. Any waiver by any party of any default or the other party shall not
effect or impair any right arising from any subsequent default.
F.
Compliance with Laws. The Service Provider agrees to comply with all federal,
state, and municipal laws, rules, and regulations that are now effective or in the future become
applicable to Service Provider’s business, equipment, and personnel engaged in operations
covered by this Contract or accruing out of the performance of those operations.
G.
Counterparts. This Contract may be executed in any number of counterparts, each
of which shall constitute an original, and all of which will together constitute this one Contract.
H.
Captions, Headings, and Titles. All captions, headings or titles in the
paragraphs or sections of this Contract are inserted for convenience of reference only and shall
not constitute a part of this Contract or act as a limitation of the scope of the particular
paragraph or sections to which they apply. As used herein, where appropriate, the singular shall
include the plural and vice versa and masculine, feminine and neuter expressions shall be
interchangeable. Interpretation or construction of this Contract shall not be affected by any
determination as to who is the drafter of this Contract, this Contract having been drafted by
mutual agreement of the parties.
I.
Severable Provisions. Each provision of this Contract is intended to be
severable. If any provision hereof is found by a court of competent jurisdiction to be illegal or
invalid, or not applicable to any person or circumstance, for any reason whatsoever, such
illegality, invalidity or non-applicability shall not affect the legality or validity of the remainder
of this Contract, or its applicability to other persons or circumstances.
J.
Entire Contract. The written provisions and terms of this Contract, together with
any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Contract. All of the above
documents are hereby made a part of this Contract. However, should any language in any of
the Exhibits to this Contract conflict with any language contained in this Contract, the terms of
this Contract shall prevail.
K.
Service Provider’s Employees – Employment Eligibility Requirements (E-Verify).
If this contract is for $25,000 or more, the Service Provider and any subcontractors shall comply
with E-Verify as set forth in Sumner Municipal Code Chapter 3.30. E-Verify is an Internet-based
system operated by United States Citizenship and Immigration Services in partnership with the
Social Security Administration. E-Verify is free to employers and is available in all 50 states. EVerify provides an automated link to federal databases to help employers determine employment
eligibility of new hires and the validity of their Social Security numbers. The Service Provider
shall enroll in, participate in and document use of E-Verify as a condition of the award of this
contract. The Service Provider shall continue participation in E-Verify throughout the course of
the Service Provider’s contractual relationship with the City. If the Service Provider uses or
employs any subcontractor in the performance of work under this contract, or any subsequent
renewals, modifications or extension of this contract, the subcontractor shall register in and
participate in E-Verify and certify such participation to the Consultant. Upon execution of this
Contract, the Service Provider shall provide proof of compliance with this section by filling out
and signing the attached Certification of Compliance with Sumner’s Municipal Code 3.30 “EVerify.”
IN WITNESS, the parties below execute this Contract, which shall become
effective on the last date entered below.
SERVICE PROVIDER:
CITY OF SUMNER:
By:
By:
Print Name:
Its
(signature)
(signature)
Print Name: David L. Enslow
Its
Mayor
(Title)
DATE:
(Title)
DATE:
By:
(signature)
Print Name: John Galle
Its
City Administrator
(Title)
DATE:
Approved as to Form:
Attest:
City Clerk
DATE:
Approved as to form:
City Attorney
DATE:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
SERVICE PROVIDER:
CITY OF SUMNER:
Carmen Palmer
City of Sumner
1104 Maple Street
Sumner, WA 98390
253-299-5503 (telephone)
253-299-5509 (facsimile)
CITY OF SUMNER
CERTIFICATION OF COMPLIANCE WITH SUMNER MUNICIPAL CODE CHAPTER 3.30
“E-VERIFY“
As the person duly authorized to enter into such commitment for
______________________________________________________________________,
[Insert Company or Organization Name]
I hereby certify that the Company or Organization named herein will
(check one box below)
Be in compliance with all of the requirements of City of Sumner Municipal Code Chapter
3.30 for the duration of the contract entered into between the City of Sumner and the Company
or Organization.
OR
Hire no employees for the term of the contract between the City and the Company or
Organization.
NAME
TITLE
DATE
Exhibit A – Application
Organization Name: Click here to enter text.
Please note: only non-profit or government destination marketing organizations may apply to
request receiving a grant from the City of Sumner for use of Lodging Tax funds.
Activity Name: Click here to enter text.
Activity Type: ☐ Event/Festival
☐ Facility ☐ Marketing
Brief Description: Click here to enter text.
Start Date: Click here to enter a date.
End Date: Click here to enter a date.
Projected overall attendance: Click here to enter text.
Number of attendees projected to travel 50 miles or more to attend: Click here to enter text.
Of total from above, number of attendees projected to travel from another state or country: Click here to
enter text.
Number of attendees projected to stay overnight in:
Paid accommodations: Click here to enter text.
Unpaid accommodations: Click here to enter text.
Total number of projected paid lodging nights: Click here to enter text.
For each indicated use, please describe the activity and how it will benefit tourism to Sumner.
Click here to enter text.
☐ I understand the conditions of receiving Lodging Tax funding from the City of Sumner and agree to comply with the
terms stipulated in the contract.
Applicant’s Signature:
Date:
Exhibit B – 2016 Timeline
October 19, 2015—Applications “opened” and sent to returning applicants by City of Sumner.
November 19, 2015 – Applications due to Communications Director and must be received electronically by 5 pm according to
the Outlook system.
Week of December 7, 2015 – Meeting of the Lodging Tax Advisory Committee (LTAC) (date to be determined based on
members’ availability)
 Advertised open, public meeting
 Review applications received
 Each applicant has up to five minutes to discuss past/future efforts
 Others have opportunity to ask questions of each applicant
 To avoid questions that put applicants “on the spot,” Councilmembers are encouraged to attend and ask questions at
this meeting rather than wait for the final approval vote at televised Council meeting.
 Confirm way to divide up funds among applicants and forward recommendation to City Council
January 4, 2016 – All applications and funding recommendations forwarded to Sumner City Council.
January 18, 2016 – Sumner City Council votes on funding recommendations.
January 21, 2016 – Contracts sent by City to Service Providers.
February 1, 2016—Signed contracts due to City from Service Provider by 5 pm.
February 28, 2016—Funding Reports for 2015 due to City of Sumner’s Communications Director.
April 4, 2016—Quarter 1 Report & Invoice due to the City.
April 6, 2016—Processed invoices due to Finance Dept. (internal deadline)
April 15, 2016—Quarter 1 Reimbursement checks mailed to recipient.
July 1, 2016—Quarter 2 Report & Invoice due to the City. (Deadline moved forward to accommodate holiday.)
July 6, 2016— Processed invoices due to Finance Dept. (internal deadline)
July 15, 2016—Quarter 2 Reimbursement checks mailed to recipient.
October 3, 2016—Quarter 3 Report & Invoice due to the City.
October 5, 2016— Processed invoices due to Finance Dept. (internal deadline)
October 14, 2016—Quarter 3 Reimbursement checks mailed to recipient.
January 2, 2017—Quarter 4 Report & Invoice due to the City.
January 4, 2017— Processed invoices due to Finance Dept. (internal deadline)
January 13, 2017—Quarter 4 Reimbursement checks mailed to recipient.
February 28, 2017—Funding Reports for 2016 due to City of Sumner’s Communications Director.
Exhibit C – Reports
Attachments:
Quarterly Report for Reimbursement
Final Report for JLARC
2016 Quarterly Report for Reimbursement
Lodging Tax Funds
Due: April 4, July 1, October 3, January 2 (2017)
Please fill out this report completely, answering the two questions as fully as you’d like. You may use a bullet
list, anecdotes, accomplishments, and/or numbers however you think best tells how you used City of Sumner
Lodging Tax Funds to increase overnight stays in Sumner. Please do not provide receipts but keep them in
your files to be available upon request.
1. Please describe what your organization has done in the past three months to promote tourism to Sumner.
Click here to enter text.
2. Please describe what your organization has done in the past three months to promote tourism to the region
and how that benefits Sumner.
Click here to enter text.
These forms will be included as part of your 2017 Funding Application for consideration of future funding.
LODGING TAX REPORTING WORKSHEET
for JLARC Municipality Reporting
Due: February 28, 2017
Organization Name: Click here to enter text.
Reporting Year: Choose an item.
Activity Name: Click here to enter text.
Start Date: Click here to enter a date.
End Date: Click here to enter a date.
Activity Type1: Choose an item.
Funds Requested $ Click here to enter text.
Funds Awarded $ Click here to enter text.
Total Cost $Click here to enter text.
Overall attendance: Projected 2 Actual3
Methodology used to estimate the actual number of visitors/participants4: Choose an item.
More if chose “other”: Click here to enter text.
Number of attendees who traveled 50 miles or more to attend5: Projected Actual
Methodology used to estimate the actual number of visitors/participants (select one): Choose an item.
More if chose “other”: Click here to enter text.
Of total, attendees who traveled from another state or country6: Projected Actual
Methodology used to estimate the actual number of visitors/participants (select one): Choose an item.
More if chose “other”: Click here to enter text.
Attendees who stayed overnight in paid accommodations7: Projected Actual
Methodology used to estimate the actual number of visitors/participants (select one): Choose an item.
More if chose “other”: Click here to enter text.
Attendees who stayed overnight in unpaid accommodations8: Projected Actual
Methodology used to estimate the actual number of visitors/participants (select one): Choose an item.
More if chose “other”: Click here to enter text.
Paid lodging nights9: Projected Actual
Methodology used to estimate the actual number of visitors/participants (select one): Choose an item.
More if chose “other”: Click here to enter text.
Activity Notes: Click here to enter text.
State Definitions
1 Activity:
Event/Festival: Short-term activity occurring between specific dates (e.g., 4th of July celebration, local marathon)
Facility: Municipally-owned facility that operates some or all of the year (e.g., county historical museum, convention center)
Marketing: Activity that provides information to encourage visitors to an area; is typically a year-round activity but may also
operate for less than a full year.
2 Projected: For marketing activity, enter the number of persons expected to visit area as result of marketing activity.
3 Actual: Persons estimated to have actually participated in event/festival or visiting a facility. For marketing activity, enter the
number of persons estimated to have actually visited area as result of marketing activity.
4 Methodology:
Select the methodology used to estimate the actual number of visitors/participants.
 Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points,
vehicle counts or number of chairs filled. A direct count may also include information collected directly from businesses,
such as hotels, restaurants or tour guides, likely to be affected by an event.
 Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed
discount certificates, brochures handed out, police requirements for crowd control or visual estimates.
 Representative Survey: Information collected directly from individual visitors/ participants. A representative survey is a
highly structured data collection tool, based on a defined random sample of participants, and the results can be reliably
projected to the entire population attending an event and includes margin of error and confidence level.
 Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not
representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and
provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey.
 Structured Estimate: Estimate produced by computing known information related to the event or location. For example,
one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code
allowance for persons (3 square feet).
 Other: (please describe)
 Overall Attendance: Total projected and estimated actual attendance recorded for event, facility or resulting from marketing
activity
5 Total attendees: Total projected and estimated actual number of visitors traveling more than 50 miles to attend event or
facility. For marketing organizations, report visitors traveling more than 50 miles to visit area
6 Another State or Country: Of the total projected and estimated actual number of visitors traveling more than 50 miles to
attend event or facility or visit area, report projected and estimated actual number of visitors who traveled from another state or
country.
7 Paid accommodations: Total projected and estimated actual number of visitors staying in paid lodging establishments such as
hotels, motels, bed and breakfasts, etc.
8 Unpaid accommodations: Total projected and estimated actual number of visitors staying in unpaid accommodations such as
family and friends.
9 Lodging Nights: Total projected and estimated actual number of paid lodging nights. One Lodging night = one or more
persons occupying one room for one night