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PED 2020-07-20 Item 1A - Agreement - "Experience Tukwila" Marketing Campaign with Mammoth Agency for $95,000
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2020-07-20 Planning and Economic Development
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PED 2020-07-20 Item 1A - Agreement - "Experience Tukwila" Marketing Campaign with Mammoth Agency for $95,000
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1/14/2021 12:21:59 PM
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7/16/2020 9:02:07 AM
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Council Committees
Committees Date (mm/dd/yy)
7/20/2020
Committee Name
Planning and Economic Development 2020
Record Type
Agenda Packet
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B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher <br />insurance limits than the minimums shown above, the Public Entity shall be insured for the full <br />available limits of Commercial General and Excess or Umbrella liability maintained by the <br />Contractor, irrespective of whether such limits maintained by the Contractor are greater than <br />those required by this Contract or whether any certificate of insurance furnished to the Public <br />Entity evidences limits of liability lower than those maintained by the Contractor. <br />C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General <br />Liability insurance policies are to contain, or be endorsed to contain that they shall be primary <br />insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage <br />maintained by the City shall be excess of the Consultant's insurance and shall not be <br />contributed or combined with it. <br />D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best <br />rating of not less than A:VI I. <br />E. Verification of Coverage. Consultant shall furnish the City with original certificates and a <br />copy of the amendatory endorsements, including but not necessarily limited to the additional <br />insured endorsement, evidencing the insurance requirements of the Contractor before <br />commencement of the work. Upon request by the City, the Consultant shall furnish certified <br />copies of all required insurance policies, including endorsements, required in this Agreement <br />and evidence of all subcontractors' coverage. <br />F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy <br />cancellation, within two business days of their receipt of such notice. <br />G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the <br />insurance as required shall constitute a material breach of contract, upon which the City may, <br />after giving five business days notice to the Consultant to correct the breach, immediately <br />terminate the contract or, at its discretion, procure or renew such insurance and pay any and <br />all premiums in connection therewith, with any sums so expended to be repaid to the City on <br />demand, or at the sole discretion of the City, offset against funds due the Consultant from the <br />City. <br />9. Independent Contractor. The Consultant and the City agree that the Consultant is an <br />independent contractor with respect to the services provided pursuant to this Agreement. Nothing <br />in this Agreement shall be considered to create the relationship of employer and employee <br />between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be <br />entitled to any benefits accorded City employees by virtue of the services provided under this <br />Agreement. The City shall not be responsible for withholding or otherwise deducting federal <br />income tax or social security or for contributing to the state industrial insurance program, <br />otherwise assuming the duties of an employer with respect to the Consultant, or any employee of <br />the Consultant. <br />10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or <br />retained any company or person, other than a bonafide employee working solely for the <br />Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any <br />company or person, other than a bonafide employee working solely for the Consultant, any fee, <br />commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or <br />resulting from the award or making of this contract. For breach or violation of this warrant, the City <br />shall have the right to annul this contract without liability, or in its discretion to deduct from the <br />contract price or consideration, or otherwise recover, the full amount of such fee, commission, <br />percentage, brokerage fee, gift, or contingent fee. <br />0. <br />
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