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HomeMy WebLinkAbout19-123 - Westfield Southcenter - Food Truck Sponsorship Agreement19-123(a) Council Approval N/A City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Westfield Southcenter That portion of Contract No. 19-123 between the City of Tukwila and Westfield Southcenter is hereby amended as follows: Attachment "A" The total allowable expense outlined in Attachment "A" is increased from $5,000.00 to a new total amount of $5,055.28. All other provisions of the contract shall remain in full force and effect. Dated this /0 day of CITY OF TUKWILA , 20 ? Derek Speck, ED Ad inistrator CA Revised December 2016 Page 1 of 1 19-123 Council Approval N/A Cit Cntract Number, y oo f Tukwila 6200 Siouthcenter Boulevard, Tukwila WA 98188 v 0, 0 v., -ions AGREEMENT FOR SPONSORSHIP OR GRANT FUNDS THIS AGREEMENT for sponsorship or grant funds ("Agreement") is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Westfield Southcenter, hereinafter referred to as "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, the City's Lodging Tax Advisory Committee and City Council approved the use of lodging tax funds for an International Food Truck Rally; WHEREAS, it is within the power and public interest of the City to sponsor a local community celebration such as the 2019 Intemational Food Truck Rally, Presented by City of Tukwila and Westfield Southcenier (the "Event") and WHEREAS, the City finds that the Recipient celebration will aid and strength the City's sense of community and celebrate the City's diverse cultural; , WHEREAS, the Event will promote tourism to the City and provide greater City exposure through branding and marketing; 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. Event Designation. The funds provided from the City to the Recipient are for the purpose of, and shall only be spent on, the Event. The Event must occurwithinthe corporate boundaries of the City of Tukwila at a venue of the Recipient's choosing, The Event must occur prior to December 31, 2019, 2, Services by Recipient. The Recipient shall make all arrangements for the Event as specified in this Agreement and as necessary to organize and operate it. The Recipient shall arrange for all services, labor and related equipment to conduct and complete the Event. The Recipient shall execute this Agreement by July 15 2019 , in order to receive funding the Event, Payment. The Recipient shall be paid by the City for the Event as follows A. The City shall pay the Recipient in accordance with Attachment A for the sole purpose of sponsorship of Event. B. The Recipient shall maintain time, expense, and spending records of funding and provide them to the City upon request. C. The Recipient shall submit a written report to the City on the Event pursuant to this Agreement, no later than 30 days after completion of the Event. The written component of the report should be no longer than two pages long, excluding budget detail, and should follow the outline below: 0 Summarize the activities undertaken in the Event; J�s • Provide an analysis of actual expenses and income related to the Event, including the expenditure cfCity funds; • Provide agood-faith best estimate ofactual attendance nfthe event. O. The Recipient's Event records and accounts pertaining tothis 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. 4� Event Promotion. All marketing and media announcements for this celebration shall list the iuoetlon as being in "Tukwila." The Recipient is solely responsible for any and all information contained |nthe press release and marketing for the Event. 5. Compliance with Laws. The Recipient shall, in performing the o*n/ioew contemplated by this Agreement, faithfully observe and comply with all 6edera|, state. and local |evvs, ordinances and n3Ou|etions, applicable to the services rendered under this Agmaanlant' Recipient is required to obtain any and permits for the Event. 6. Indemnification. The Recipient shall defend, indemnify and hold the City, its officers, offioiole, employees and volunteers harmless from any and all oUo|me` injuries, damages, losses oir 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 bythe sole negligence ofthe City. Should court ofcompetent jurisdiction determine that this Agreement iasubject 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 C[ty, its offioe[o, officials, employees, and volunteers, the Recipient's liability hereunder sbeU 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 RCVV, 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 ofthis Agreement. A. Insurance Term The Recipient shall procure and maintain for the duration of the Agreement, ioouGaDo* 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 the F<ecipient, its aQents, its guee1s, its representatives, volunteers, or employees, B. No limitation Recipient's maintenance of insurance asrequired 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 anyramedy available at law or in equity. C. Required Insurance Recipient's required insurance shall bemafollows: General Liability insurance shall be at least as broad as Insurance Services Office (IS[)) occurrence form {}B 0001 covering premises, operations, products -completed operations and contractual liability, The City of Tukwila nhmU be named as an additional insured on Recipient's General Liability insurance policy using [S(] 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 User's insurance coverage shall be primary insurance as respect 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 PrOmises. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VIL & 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. 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, agej 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; Attorneys 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. Page 3 13, Severability and Survival. If any term, condition or provision of this Agreement is declarers 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: Westfield Southcenter ATTN: Jason Dyer 2800 Southcenter Mall Tukwila, WA 98188 16. 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 19 day of N/ L�'l 20 j CITY OF TQKWl LA Derek Speck, ED Administrator Approved as to Form: Office of the City Attorney Page 4 Attachment A Payment of City Sponsorship, Funds The City of Tukwila will provide the following sponsorship funds for the purposes set forth below. 1. Marketing of the event, including radio, print, digital marketing and/or any other marketing the Recipient determines will best drive customers to the Event. 2. Operations for the event only, including any police officers or private security required for the event. All expenses must be pre -approved by the City, The City will only pay for actu a I costs, not to exceed $5,000.00. Recipient shall provide proper documentation, to the satisfaction of the City, showing that expenses were incurred and paid. Funds shall be paid directly to the Recipient, with Recipient responsible for payment of all expenses incurred, jngftjble EVenseLs The following expenses are not eligible for reimbursement: 1. Reimbursement for purchase of alcoholic beverages. 2. Staff time for Recipient's employees. 3. Charges related to Recipient's digital or static marketing within or on the property of Westfield Southcenter. 4. Any charge not pre -approved by the City.