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Home My WebLink About15-168 - Seattle Theatre Group - Memorandum of Understanding for Ailey Camp at the Tukwila Community Center15 -168 Council Approval N/A Memorandum of Understanding between The City of Tukwila and Seattle Theatre Group This Memorandum of Understanding ( "MOU ") between the City of Tukwila ( "City") and Seattle Theatre Group ( "STG ") is developed to ensure understanding and cooperation as it pertains to use of the Tukwila Community Center ( "TCC ") by the Seattle Theatre Group to host the Seattle Theatre Group AileyCamp. WHEREAS, each agency wishes to set forth expectations and obligations to ensure a collaborative work effort. NOW THEREFORE, the City of Tukwila and Seattle Theatre Group agree to the following: • Each agency agrees to assign one staff member to be responsible for coordination of facility rental contract requirements which may include scheduling room use dates, coordinating contract payments, and providing for equipment needs such as tables, chairs, and kitchen access. • Each agency agrees to assign one onsite staff member to be responsible for day to day coordination of space needs not detailed within the rental contract. Examples may include coordinating use of gymnasium space, outdoor spaces, and on rare occasion the use of the administrative conference room. GENERAL PROVISIONS, the City of Tukwila and Seattle Theatre Group agree to the following: The City agrees to provide the following: • Two dedicated and communicative staff members to serve as point person. One staff member will coordinate the rental contract, one staff person will coordinate day to day space needs not detailed within the rental contract. • Provide additional space as follows: o Gymnasium space may be provided, with advanced coordination, when Tukwila Parks and Recreation is not utilizing the gymnasium. o Provide access to the kitchen for approximately 30 minutes each morning for breakfast preparation. Advanced coordination with Tukwila Parks and Recreation will occur on a weekly basis. o Provide one shelf and access to the kitchen's walk -in cooler when AileyCamp is in session. This shelf shall be cleaned off and left empty each Friday. o Provide on occasion, with advance arrangements, access to the administrative conference room for the purpose of counseling camp participants. • Provide the Dance Studio storage closet for use throughout the six week summer camp program. • Secure space at the Tukwila Community Center to ensure availability to host AileyCamp program in 2016, 2017, and 2018. Space reservations will be secured through a rental contract and agreement process. • Provide use of equipment that is normally provided when renting space at TCC. Equipment includes tables, chairs, podiums, and other equipment found in specific rooms (white boards, screens etc.) • Facilitate the coordination of one service learning project with Tukwila Parks and Recreation V—cla_Ort staff. Project opportunities could include AileyCamp participants performing /rehearsing for Tukwila Parks and Recreation summer program participants, volunteering at a park clean up event, offering intergenerational activities or other opportunities as mutually agreed upon. • Provide space within TCC to place media to promote AileyCamp. The Seattle Theatre Group agrees to provide the following: • Two dedicated and communicative staff members to serve as point person. One staff member will coordinate the rental contract, one staff person will coordinate day to day space needs not detailed within the rental contract. • Ensure the Tukwila School District is included within the recruitment process of AileyCamp participants. • Coordinate one service learning project with Tukwila Parks and Recreation staff. Project opportunities could include AileyCamp participants performing /rehearsing for Tukwila Parks and Recreation summer program participants, volunteering at a park clean up event, offering intergenerational activities or other opportunities as mutually agreed upon. • Ensure the Tukwila Parks and Recreation department logo is placed within all AileyCamp related print media. • Ensure all policies related to renting space at TCC is adhered to by all Seattle Theatre Group AileyCamp staff and participants. • Ensure that the City of Tukwila is included along with STG in all STG hold harmless /release agreements signed by AileyCamp participants. OTHER TERMS 1. TERM. This MOU shall remain in effect through August 31, 2018, each party agrees to revisit this MOU annually to determine if changes shall be made in 2017 and 2018. 2. INDEMNIFICATION. STG shall indemnify and hold harmless the City of Tukwila, its officers, employees, agents and officials from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for loss or damage to property, which arise out of STG's use of the Tukwila Community Center or other City facilities, or from the conduct of STG or its officers, employees, agents or AileyCamp participants, or from any activity, work or thing done, permitted or suffered by STG, in or about the Tukwila Community Center or other City facilities, except that STG shall have no obligation to indemnify the City of Tukwila to the extent that any claim, suit, action or liability arises from or is related to the negligence or other tortious act or omission, in whole or in part, of the City of Tukwila, or its officers, employees, agents or officials. The City of Tukwila shall indemnify and hold harmless STG and its officers, employees, agents, and members from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for Toss or damage to property, to the extent that such claim, suit, action or liability arises from or is related to the negligence or other tortious act or omission, in whole or in part, of the City of Tukwila, or of its officers, employees, agents or officials, except that the City shall have no obligation to indemnify STG to the extent that any claim, suit, action or liability arises from or is related to the negligence or other tortious act or omission, in whole or in part, of STG, or its officers, employees, agents or AileyCamp participants. 3. INSURANCE. Seattle Theatre Group shall procure and maintain for the duration of the use or rental period insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of City of Tukwila facilities and the activities of Seattle Theatre Group and its, representatives, volunteers and employees. Seattle Theatre Group's maintenance of insurance as required by the agreement shall not be construed to limit the liability of Seattle Theatre Group to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Seattle Theatre Group's required insurance shall be as follows: a. General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products - completed operations and contractual liability. The City of Tukwila shall be named as an additional insured on Seattle Theatre Group's General Liability insurance policy using ISO Additional Insured - Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate. b. The insurance policy shall contain, or be endorsed to contain that the Seattle Theatre Group's insurance coverage shall be primary insurance as respect the City of Tukwila with regard to any claim allocable to STG's indemnification obligation. With regard to any claim allocable to STG's indemnification obligation, any insurance, self - insurance, or self- insured pool coverage maintained by the City of Tukwila shall be excess of Seattle Theatre Group's insurance. c. If Seattle Theatre Group maintains higher insurance limits than the minimums shown above, the City of Tukwila shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by Seattle Theatre Group, irrespective of whether such limits maintained by Seattle Theatre Group are greater than those required by this contract or whether any certificate of insurance furnished to the City of Tukwila evidences limits of liability lower than those maintained by the Seattle Theatre Group. d. Seattle Theatre Group shall provide a certificate of insurance evidencing the required insurance before using the Tukwila Community Center. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 4. Should any of the terms of this MOU conflict with any of the terms of the TCC rental agreement entered into by STG concurrently with this MOU, the terms of this MOU shall govern. a or Ji erton Cit of Tukwila Date: f _ BY: t� 1 L • Date: 9 .2 5 Seattle Theatre Group /AileyCamp,