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HomeMy WebLinkAbout19-044 - Seattle Seawolves - Sponsorship or Grant Funds19-044 (a) Council Approval N/A AGREEMENT FOR SPONSORSHIP OR GRANT FUNDS Amendment #1 Between the City of Tukwila and Seattle Seawolves That portion of Contract No. 19-044 between the City of Tukwila and Seattle Seawolves is hereby amended as follows: Section 1 is amended as follows: Services by Recipient. a. The Recipient shall create and execute a paid social media campaign ("Campaign") to promote the USA versus Uruguay and USA versus Canada rugby matches scheduled to be played in March of 2019. The goal of the Campaign will be to generate more ticket sales. The Recipient agrees to place the City's tourism logo on all digital advertisement created as part of the Campaign. The Recipient is solely responsible for the content of any advertisements and will ensure compliance with applicable copyright laws. b. The Recipient shall provide Seawolves players, between 4:00 P.M. and 5:30 p.m.. at a fan rally and meet and greet (the "Fan Event") at Westfield Southcenter on Friday. March 8, 2019. The Recipient shall promote the Fan Event throuQ h its digital platforms. Recipient shall also allow the City to use of its logo and player images to promote the Fan Event. Section 2. Payment is amended as follows: Payment. a. City agrees to reimburse the Recipient for the cost to secure paid social media advertisements, on social media platforms chosen by the Recipient, for the Campaign. City shall only pay for the actual costs billed by the social media platforms and City's commitment shall not exceed $1,500. The Recipient shall submit to the City a final invoice with relevant documentation showing the paid social media posts by April 15, 2019. b. City shall provide the Reci lent a total of $1,000 for the Fan Event scheduled for Friday March 8, 2019. c. Total compensation to the Recipient shall not exceed $2.500 under this Agreement. All other provisions of the contract shall remain in full force and effect. Dated this20 day of ,� � � � CITY OF TUKWILA Derek Speck, ED Administrator CONTRACTOR Printed Shane Skinner APPROVED AS TO FORM Office of the City Attorney City of 7 ukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract .:umber: AGREEMENT FOR SPONSORSHIP OR GRANT FUNDS 19-044 Council Approval N/A THIS AGREEMENT for sponsorship or grant funds ("Agreement") is entered into between the City of Tukwila, Washington (the "City") and the Seattle Seawolves (the "Recipient"), in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the Recipient requested sponsorship or grant funds from lodging taxes obtained by the City of Tukwila; and WHEREAS, it is within the power and public interest to assist the Recipient in promoting two international rugby matches scheduled to be played at Starfire Sports in the City of Tukwila; and WHEREAS, the City finds that the international rugby matches will aid and strengthen the City's sense of community; help to bring people to area restaurants; generate hotel room stays; and overall help to brand the City; and WHEREAS, there is a demonstrated need to allocate funds to assist the Recipient promote the upcoming international rugby matches; and NOW, THEREFORE, in consideration of the mutual benefits, covenants, conditions, promises and agreements set forth herein, it is agreed by and between the City and the Recipient as follows: 1. Services by Recipient. The Recipient shall create and execute a paid social media campaign ("Campaign") to promote the USA versus Uruguay and USA versus Canada rugby matches scheduled to be played in March of 2019. The goal of the Campaign will be to generate more ticket sales. The Recipient agrees to place the City's tourism logo on all digital advertisement created as part of the Campaign. The Recipient is solely responsible for the content of any advertisements and will ensure compliance with applicable copyright laws. 2. Payment. City agrees to reimburse the Recipient for the cost to secure paid social media advertisements, on social media platforms chosen by the Recipient, for the Campaign. City shall only pay for the actual costs billed by the social media platforms and City's commitment shall not exceed $1,500. The Recipient shall submit to the City a final invoice with relevant documentation showing the paid social media posts by April 15, 2019. 5. Compliance with Laws. The Recipient shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. The Recipient's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 6. Indemnification. The Recipient shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Recipient in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement 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 Recipient and the City, its officers, officials, employees, and volunteers, the Recipient's liability hereunder shall be only to the extent of the Recipient's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Recipient's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. A. Insurance Term The Recipient 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 Agreement by the Recipient, its agents, its guests, its representatives, volunteers, or employees. B. No limitation The Recipient's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Recipient to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. C. Required Insurance The Recipient's required insurance shall be as follows: 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 the Recipient'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. The insurance policy shall contain, or be endorsed to contain, that the Recipient's insurance coverage shall be primary insurance with respect to the City of Tukwila. Any insurance, self- insurance, or self -insured pool coverage maintained by the City of Tukwila shall be excess of the Recipient's insurance and shall not contribute with it. D. City of Tukwila Full Availability of User Limits If the Recipient 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 the Recipient, irrespective of whether such limits maintained by the Recipient 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 Recipient. E. Certificate of Insurance and Acceptability of Insurers The Recipient shall provide a certificate of insurance evidencing the required insurance before using the Premises. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. Page 2 8. Contractual Relationship. The Recipient and the City agree that the Recipient is an independent entity with respect to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Recipient nor any employee of the Recipient shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Recipient, or any employee of the Recipient. 9. Discrimination Prohibited. The Recipient, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 10. Assignment. The Recipient shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 11. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 12. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Recipient shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 13. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 14. Notices. Notices to the City shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Recipient shall be sent to the following address: Seattle Seawolves 1421 34th Ave Suite 100 Seattle, WA 98122 15. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Recipient and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this tl_ ., day of , 20 'a Page 3 CITY O„UIA Recipient Dekak-Bp ck, ED Administrator By: Printed Name: Title: Shane Skinner President Page 4