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HomeMy WebLinkAbout04/01/2025 07.F. Resolution authorizing an agreement with the Capitol Theatre Committee for Tourism Promotion Services r<- `y ^� ljlt '111 .1 s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.F. For Meeting of: April 1, 2025 ITEM TITLE: Resolution authorizing an agreement with the Capitol Theatre Committee for Tourism Promotion Services SUBMITTED BY: Mike Bailey, Interim Director of Finance and Budget SUMMARY EXPLANATION: The City of Yakima is authorizing a Tourism Promotion Services Agreement with the Capitol Theatre Committee utilizing lodging taxes collected from various accommodations, which are intended to support tourism marketing and related capital projects. The Lodging Tax Advisory Committee reviewed applications and provided recommendations to the Council on September 17, 2024. The Tourism promotion grants were approved by Council and the funding was adopted in the budget on Dec 17, 2024. This agreement will meet the city's needs as outlined in the Scope of Services and Budget included in the contract. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_Capitol Theatre Committee_tourism promotion services.docx 121224 Tourism Promotion Services Agreement.pdf 28 RESOLUTION NO. R-2025- A RESOLUTION authorizing a Tourism Promotion Services Agreement with the Capitol Theatre Committee. WHEREAS, the City levies lodging taxes on lodging at hotels, motels, short-term rentals and other housing and lodging accommodations; and WHEREAS, the revenue is to be used to benefit tourism marketing, operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; and WHEREAS, the Lodging Tax Advisory Committee reviewed all applications for Lodging Tax grants and submitted their recommendations to Council on September 17, 2024; and WHEREAS, the City desires to enter into a Professional Services Agreement with the Capitol Theatre Committee; and, WHEREAS, the Scope of Services and Budget included in this contract meet the needs and requirements of the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached Tourism Promotion Services Agreement with the Capitol Theatre Committee in the amount of $150,000.00. A copy of the Tourism Promotion Services Agreement is attached and incorporated herein. ADOPTED BY THE CITY COUNCIL this 1st day of April 2025. Patricia Byers, Mayor ATTEST: Rosalinda Ibarra, City Clerk 1 29 TOURISM PROMOTION SERVICES AGREEMENT WITH THE CITY OF YAKIMA THIS AGREEMENT is made by and between the City of Yakima, hereinafter referred to as"City" and capitol Theatre Committee, hereinafter referred to as"Entity",for tourism promotion services. I. Scope of Services. Entity shall provide tourism promotion services for the City as outlined in their Application, and incorporated by this reference. "Tourism promotion" means,for the purposes of this Agreement, activities, operations, and expenditures designed to increase tourism to the City, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists. II. Term. This Agreement shall commence on the date of execution by both parties and shall continue in full force and effect until December 31,2025, unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation. In consideration of the Services provided pursuant to this Agreement, City agrees to pay Entity an amount not to exceed$150(000.00, which is the amount awarded by the City Council. IV. Payment. City shall pay Entity upon presentation of an invoice to City quarterly. V. Reporting. Entity shall follow all laws regarding its reporting requirements. Reporting must include, but not limited to, an economic report (the form is attached as Exhibit A) which states the actual number of people attending the event (1)travelling for business or pleasure on a trip away from their place of residence or business and staying overnight in paid accommodations; (2)traveling for business or pleasure on a trip to a place fifty miles or more one way from their place of residence or business for the day or staying overnight; and (3)traveling for business or pleasure on a trip from another country or state outside of their place of residence or their business. Reports must be filed by Entity by July 31st and January 315t for each contract year. VI. Relationship of Parties. It is understood, agreed and declared that Entity, its employees, agents and assigns shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Entity. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Entity. Entity shall be solely responsible for the conduct and actions of all employees of Entity under this Agreement. VII. Insurance. Entity 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 Entity, its agents, representatives, employees or subcontractors. a. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than one million dollars ($1,000,000) per accident. b. Commercial general liability insurance with limits no less than one million dollars($1,000,000)for each occurrence, and two million dollars($2,000,000)for general aggregate. The policy shall name the City, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. c. All insurance shall be placed with insurers with a current Best rating of not less than A:VII and admitted in the State of Washington. d. Entity's insurance coverage shall be primary insurance with respect to those who are Additional Insures and any coverage maintained by City shall be in excess of Entity's insurance and neither the City nor its insurance providers shall 1 30 contribute to any settlements, defense costs, or other payments made by Entity's insurance. All additional insured endorsements required by this Section shall include an express waiver of subrogation. e. Entity shall furnish acceptable insurance certificates to the City at the time Entity returns the signed Agreement. The certificate shall specify all of the parties who are additional insures, and shall include applicable policy endorsements, and the deduction or retention level. VIII. Indemnification. Entity 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 resulting from the acts, errors, or omissions of Entity in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The provisions of this section shall survive the expiration or termination of this Agreement. Entity Specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by and limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided that Entity's waiver of immunity under this provision extends only to claims against Entity by the City, and does not include,or extend to, any claims by the Entity's employees directly against Entity. IX. Termination. This Agreement may be terminated by either party for convenience upon thirty(30) days written notice to the other party. The City may terminate for cause with no notice if City determines Entity has used funds provided under this Agreement for purposes other than allowed under the Agreement. X. Jurisdiction and Venue, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action that arises pursuant to this Agreement shall be file in the proper state or federal court located within Yakima County, Washington. XI. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. IN WITNESS WHEREOF,the undersigned have read and agreed to the terms of this Amendment. City of Yakima: Entity: Date: Date: /a//`Vc By: By: Victoria Baker, City Manager / Name: (? 4-,q-,24 E p> �t1 Title: The above-named person hereby certifies that they are authorized to execute this agreement on behalf of the above referenced Entity. 2 31 Exhibit A 1. Organization: 2. This report covers: a. Event name: b. Date: 3. Total Lodging Tax funds allocated to this event$ 4. Total Activity Costs$ 5. Overall Attendance Information a. Predicted b. Actual c. Method to determine Attendance 6. Attendance,Travelled 50+miles a. Predicted b. Actual c. Method to determine Attendance 7. Attendance,Out of State,Out of Country a. Predicted b. Actual c. Method to determine Attendance 8. Attendance, Unpaid Accommodations a. Predicted b. Actual c. Method to determine Attendance 9. Total Paid Lodging Nights (One lodging night is one or more persons occupying one room for one night) a. Predicted b. Actual c. Method to determine Attendance 3 32