Loading...
HomeMy WebLinkAbout26-125 - Contract - King County Parks - Sponsorship Agreement: 2026 Summer Movie SeriesDocusign Envelope ID: E519E768-23E9-45EE-B39F-773C07F7361C 26-125 Council Approval N/A ADVERTISING AND SPONSORSHIP AGREEMENT BETWEEN KING COUNTY PARKS AND RECREATION DIVISION AND THE TUKWILA PARKS AND RECREATION This Advertising and Sponsorship Agreement ( "Agreement") is made and entered into by and between the Parks and Recreation Division of the Department of Natural Resources and Parks of King County, a home rule charter county and political subdivision of the State of Washington ( "County" or "King County Parks"), and the Tukwila Parks & Recreation, a City in the State of Washington ("Tukwila"), located at 12424 42,,d Avenue South, Tukwila, WA 98168 under the following terms and conditions. RECITALS A. King County Parks enters into this Agreement with Tukwila Parks & Recreation for the express purpose of recognizing King County Parks as a sponsor of Tukwila Parks & Recreation's 2026 Summer Movie Series "Event") in all advertising, promotions and marketing materials associated with the Event scheduled for: • August 7, 2026 at the Tukwila Community Center • August 14, 2026 at the Tukwila Community Center B. The Director of King County Department of Natural Resources and Parks or the Director's designee has the authority to enter into this Agreement pursuant to King County Ordinance No. 14509. C. The tracking number for this Agreement (County purposes only) is: 1132419 NOW, THEREFORE, for and in consideration of the mutual agreements herein contained, the parties hereto do hereby agree as follows: GENERAL TERMS Scope of Relationship. Tukwila Parks & Recreation and the County desire to enter into this Agreement specifying the terms and conditions under which the County will compensate Tukwila Parks & Recreation for advertising and sponsorship rights related to the Event. The rights, benefits, and duties conferred upon the County under this Agreement shall be described in Attachment A. 1. Term. The term of this Agreement shall commence on the date it is fully executed, and end following the conclusion of the Event. The County's rights specified herein shall be effective on the date this Agreement is fully executed. Docusign Envelope ID: E519E768-23E9-45EE-B39F-773C07F7361C 2. Consideration. For the promotional consideration, rights and benefits established under this Agreement, the County shall pay a total of THREE THOUSAND ($3,000) DOLLARS upon receipt of an invoice issued from The Tukwila Parks & Recreation on or before September 25, 2026. The County shall make payment to The Tukwila Parks & Recreation at the address referenced in Section 10, Notices and Liaisons. 3. The Tukwila Parks & Recreation Authority. Tukwila Parks & Recreation represents and warrants that it has all the rights, power and authority necessary to enter into this Agreement to carry out the promotional activities stated herein. 4. Control of Advertising Content. The County shall reserve the right and authority to maintain, operate, license, and authorize the County's advertising, promotional activities and displays related to the Event. The County, acting reasonably, shall have final approval as to marketing and advertising collateral, handouts, and giveaway items, web design and graphic/signage content. The County acknowledges and agrees that it shall not, by execution of this Agreement or otherwise, acquire any rights in or to the intellectual property of The Tukwila Parks & Recreation. 5. Hold Harmless/Indemnification. To the maximum extent permitted by law, each Parry shall protect, defend, indemnify and save harmless the other Parry, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the services associated with this Agreement caused by or resulting from each Party's own negligent acts or omissions. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act RC Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity or claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 6. Insurance Requirements. a. Commercial General Liability. Notwithstanding any other provision within this Agreement, The Tukwila Parks & Recreation shall procure and maintain for the duration of this Agreement commercial general liability insurance against claims for injuries of persons or damages to property, which may arise from or in connection with The Tukwila Parks & Recreation use of the Event. Such insurance shall be as broad as that provided by Connnercial General Liability "occurrence" form CG 00 001 (to include Products - Completed Operation) (current edition). The insurance limits shall be no less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, Two Million Dollars ($2,000,000) aggregate limit. 2 111 a Docusign Envelope ID: E519E768-23E9-45EE-B39F-773C07F7361C b. Automobile Liability. If the use of a vehicle is required, then One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage per Occurrence are required of The Tukwila Parks & Recreation. c. Workers Compensation. If The Tukwila Parks & Recreation has employees, then Statutory Workers Compensation and One Million Dollars ($1,000,000) Employers Liability/Stop Gap coverage is required. d. The required liability insurance policies (except Workers Compensation) are to be endorsed to: i. Name "King County, its officers, officials, agents and employees" as additional insured with respect to use of the Event as outlined in this Agreement (Form CO 2026 or its equivalent). ii. Such coverage shall be primary and non-contributory insurance as respects County. iii. State that The Tukwila Parks & Recreation insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits or the insurer's liability. iv. State that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except atter forty-five (45) days prior written notice to the County. The insurance provider must be licensed to do business in the State of Washington and have a Bests' rating of A -VII I or better. Any deductible or self-insured retention must have been declared to and approved by County. The deductible and/or self- insured retention of the policies shall not limit or apply to The Tukwila Parks & Recreation's liability to County and shall be the sole responsibility of The Tukwila Parks & Recreation. The Tukwila Parks & Recreation shall provide a Certificate of Insurance and required policy endorsements to the County on or before the date this Agreement is fully executed. e. Insurance Provisions Material. The Tukwila Parks & Recreation understands, acknowledges and agrees that the insurance provisions of this Agreement are material, and that County may unilaterally terminate this Agreement if The Tukwila Parks & Recreation fails to comply with the insurance requirements of this Agreement. 7. Termination. a. For Public Safety. The County reserves the right, acting reasonably, to terminate this Agreement and The Tukwila Parks & Recreation's rights under this Agreement, as needed to protect the public health, safety, or welfare. b. For Appropriations. All County obligations under this Agreement beyond the current appropriation year are conditioned upon the King County Council's appropriation of sufficient funds to support the obligations described in this Agreement. If the Council does not approve such appropriation, then as required under King County Charter Article 4, Section 495, this Agreement will automatically terminate at the close of the current appropriation year or biennium. In the event the County cannot meet its obligations 3 111 a Docusign Envelope ID: E519E768-23E9-45EE-B39F-773C07F7361C under his Agreement because it has not received sufficient appropriations, The Tukwila Parks & Recreation may terminate this Agreement immediately without penalty. If either party terminates this Agreement under this Section 8.A or 8.13, the financial consideration owed to County shall be pro -rated on a Term basis to cover only that portion of the Term in which the Agreement was in effect, and The Tukwila Parks & Recreation shall receive an appropriate refund of any funds paid to County, if applicable. Survival. Any provision of this Agreement which by its nature must survive termination or expiration in order to achieve the fundamental purposes of this Agreement shall survive any termination or expiration of this Agreement. Without limitation of the foregoing, Sections 6 and 11 shall survive any termination or expiration or this Agreement. 9. Notices and Liaisons. Any notice or communication hereunder shall be in writing, and may be given by registered, certified or electronic mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise than by registered or certified mail, it shall be deemed to have been given when delivered and received by the party to whom it is addressed. Such notices or communications shall be given to the liaisons for the parties hereto at the following addresses: If to the County: If to the Tukwila Parks and Recreation: Ryan Dotson, County Liaison Michael May, Tukwila Parks & King County Parks Recreation Liaison 201 S. Jackson Street 12424 42nd Avenue South Seattle, WA 98104 Tukwila, WA 98168 or or 10. Washington Law Controlling; Jurisdiction and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington, without regard to its choice of law principles. Any litigation related to or arising out of this Agreement shall be brought in King County Superior Court, in King County, Washington. 11. Compliance with Laws and Regulations. The Tukwila Parks & Recreation shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Restoration Act of 1987. 4 111 Docusign Envelope ID: E519E768-23E9-45EE-B39F-773C07F7361C a. Nondiscrimination in Employment. KCC Chapter 12.16 is incorporated by reference as if fully set forth herein and such requirements apply to this Agreement. During the performance of this Agreement, The Tukwila Parks & Recreation shall not discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification in the employment or application for employment or in the administration or delivery of services or any other benefit under this Agreement. b. Nondiscrimination in Subcontracting Practices. KCC Chapter 12.17 is incorporated by reference as if fully set forth herein and such requirements apply to this Agreement. During the solicitation, award and term of this Agreement, The Tukwila Parks & Recreation shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, The Tukwila Parks & Recreation shall not discriminate against any person on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. c. Fair Employment Practices. KCC Chapter 12.18 is incorporated by reference as if fully set forth herein and such requirements apply to this Agreement. During the performance of this Agreement, The Tukwila Parks & Recreation shall not engage in unfair employment practices. 12. Powers of the County. Nothing contained in this Agreement shall be considered to diminish the governmental or police powers of the County. 13. No Partnership. No Third -Parry Beneficiaries. Nothing contained herein shall make, or be deemed to make, the County and The Tukwila Parks & Recreation a partner of one another, and this Agreement shall not be construed as creating a partnership or joint venture. Nothing in this Agreement creates or will be deemed to create any right, duty, or obligation in any person not a parry to it. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all other oral or written representations, understandings or agreements. No amendments to this Agreement shall be allowed or be effective unless in a writing approved by both parties. 15. Assignment. No assignment of The Tukwila Parks & Recreation's rights hereunder shall be allowed without the prior written approval of County, except to a parent or affiliate company of The Tukwila Parks & Recreation or in connection with a merger or consolidation involving The Tukwila Parks & Recreation. 5 111 a Docusign Envelope ID: E519E768-23E9-45EE-B39F-773C07F7361C IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below. KING COUNTY DocuSigned by: By: 64 (Wsm& Ev43FBA7686E4D49A... Doug Hodson, Deputy Director Parks and Recreation Division Date: 4/10/2026 11:15 PM PDT 61 1', T C, ,n TUKWILA PARKS AND RECREATION DocuSigned by: By: 2CED1DOE5664414... Michael May, Program Manager Parks & Recreation Date: 4/9/2026 14:41 PM PDT Docusign Envelope ID: E519E768-23E9-45EE-B39F-773C07F7361C Attachment A 7 111 a King County Rights and Benefits Responsibilities The Tukwila Parks & Recreation will coordinate logistics related to production of at least one (1) movie Event night event, including but not limited Production to: hiring vendor; selecting site, event date, and movie; acquiring necessary permits; and day -of coordination. County's `'Your Big Backyard" brand or logo County will provide to The Tukwila Marketing will be included in Event marketing collateral, Parks & Recreation its brand, web Collateral including digital and print media and other links, and graphic materials in Event -related marketing collateral. The accordance with the specifications Tukwila Parks & Recreation may use the requested by The City of Tukwila. following Marks in conjunction with the Project. Standards of use and downloadable images are provided in the County's Style Guide (see link below). 1{an. Coon Parks I,o o.zapa (dro box.c�rn�� LgKi.gC..-y g�c.���,,,,ty LjKk,gC--y. �llgKii 3PAiLIMS 31"111 ice/ 11,011;; ��%�rr, 0(11311,o- K V,.... Bl , Il2­ "",.... Y4,nk' Big iiAkSfi{C,yi d YkMYkNMICBSA.M1;Ii}z&11d On-site County may set-up and staff a promotional County will be responsible for Presence booth/tent at the Event. providing its own tent and staff. County will receive recognition from The If interested in the option to make Tukwila Parks & Recreation as a sponsor on remarks at Event, County will provide site at the Event, including but not limited to a representative to The Tukwila Parks On-site signage, verbal recognition, and opportunity for & Recreation. Recognition a King County representative to make remarks at the Event. The Tukwila Parks & Recreation will provide the County with a brief written event report, comprising of, but not Event limited to, the following information: Report 7 111 a Docusign Envelope ID: E519E768-23E9-45EE-B39F-773C07F7361C event re -cap; summary of promotional activities; and event attendance.