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Home My WebLink About19-124 - Seattle Seawolves - Partnership Agreement/Event Promotion19-124 Council Approval N/A �� Contract Number: x�� x ��V� PARTNERSHIP AGREEMENT THIS AGREEMENT for Event Promotion, ("Agreement") is entered into between the City of Tukwila, VVash|ngton, hereinafter referred to as "the City", and Seattle Seawm|ves, hereinafter naharned to as "the Flonipiwm1^, in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the City'mLodging Tax Advisory Committee and City Council approved the use oflodging taxfunds for anInternational Food Truck Rally (the ^Event"\; WHEREAS, the Recipient desires tohelp the City promote the Event; and WHEREAS, the Recipient's promotion of the event will help draw more people tnthe City increase spending at the Event, and increase sales tax contributions to the City; and NOW, THEREFORE, in consideration of the mutual benefits, ooxmnamks, oonditionw, promises and agreements set forth herein, it is agreed by and between the City and! the Recipient as 1. Player Appearance. Recipient ehoU provide o Snavvolves' p|my*r, at a time mutually agreed between the player and the CNx. on Sunday' Jmk' 28. 2018 for the Event described above. The player shall remain onsite greeting fans for atleast 6Ominutes. 3. Payment. The City shall reimburse the Recipient $250 for the player appearance described in paragraph 1. Recipient shall provide the City an invoice, which shall be paid by the City within 38 days of receipt. The invoice can be mailed to the address below or ermai|ed to . 3. Compliance with Laws. The Recipient shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all fodenm|, state, and local |amm. ordinances and regulations, applicable to the services rendered under this Agreement. 4. Indemnification. The Recipient shall defend, indemnify and hold the Cih/, its offioens, off|oja|s, employees and volunteers harmless from any and all r|airmo, 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 Aoreemmemt, except for injuries and damages caused bvthe sole negligence wfthe City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, inthe event ofliability for damages arising out ofbodily injury topersonp or damages to property caused by or resulting from the concurrent negligence of the Recipient and the City, its officers, officia|e, 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 RCVV, solely for the purposes of this imdemnificodun. This waiver has been mutually negotiated by the parties. The provisions of this section nho|K survive the expiration or termination of this Agreement. 5. AInsurance Term The Recipient shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons ordamage to property which may arise from or in connection with the performance of the work hereunder by the Recipient, its agents, its guests, its representatives, volunteers, or employees. 11MENTIM71W Me Recipient's maintenance of insurance aareqmimed by the agreement shall not baconstrued to limit the liability of the Recipient to the coverage provided by such |nsurmmms' or otherwise limit the Citv'srecourse imany remedy available otlaw orinequity. C. Required Insurance Recipient's required insurance shall beaefollows: General Liability insurance shall be etleast ae 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 on odUiUnmm| 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 [mast as broad coverage. The General Liability insurance shall be written with limits no less than $1.0OO.QOBeach occurrence, $1,000,0OOgeneral aggregate. The insurance policy ohu|| 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, orse;f-|neured pool coverage maintained by the City of Tukwila shall be excess of the Recipient's insurance and ahm|| not contribute with if. D. City of Tukwila Full Availability of User Limits If the Recipient nlmintoima higher insurance Nrnito 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 orwhether any certificate of insurance furnished to the City ofTukwila evidences limits of liability lower than those maintained by the Recipient. E. Certificate ofInsurance and Acceptability of Insurers The Recipient shall provide a certificate of insurance evidencing the required insurance before oe|nQ the Premises. Insurance is to be p|wmad with insurers with o nurn*ntA.W1. Beet rating of not less than A: 6. 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 omma&a the relationship of employer and employee between the perfies 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 tothe state industrial insurance program, otherwise assuming the duties of an employer with respect to the Recipient, or any employee of the Recipient. 7. Discrimination Prohibited. Recipien(, with regard to the work performed by it under this Agneament, will not discriminate on, the grounds of race, ra|igion, creed, color, national origin, age, veteran status, sex. sexual orientation, Sender identity, rnmrite| status, political affiliation, the presence of any disability, or any other protected class status under state or federal Uovv. in the selection and retention of employees or procurement of materials or supplies. 8. Assignment. The Recipient shall not sublet or assign any of the services covered by this Agreement without the express written consent nfthe City. 9. . VVmiwar by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute o waiver of any other provision. 10. This Agreement shall basubject to, and the Recipient shall at all times comply xvi1h, all' applicable federal, state and local |avvs, 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 Cmunty, Washington. The prevailing party in any such action shall be entitled to its ottoroey's fees and costs of suit. Venue for any action arising from or ma|otad to this Agreement shall be exclusively in King County Superior Court. 11. Severability and Survival. If any term, condition or provision of this Agreement is declared void orunenforceable 8r UrnKed in its application oreffect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Aoreennent, which by their sense and context are reasonably intended to survive the comp|etioO, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 12. Notices. Notices to the City shall be sent to the following address: City Clerk City ofTukwila 62O0SouthcenherBoulevard Tukwila, WA 98188 Notices to Recipient shall be sent to the address below the execution line for the Recipient. 13. This Agreement, together with attachments or addenda, represents the entire and integrated /\gn*ennan1 between the City and the Recipient and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or nnodiMostium of this Aomyermemd shall be cfany force or effect unless it is in writing and signed bythe parties. o- DATEDihis day of CITY OFTUKWULA Recipien By: Derek Speck, ED,Administrator Printed Name: Shane Skinner Title: President Address: AM