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Home My WebLink About19-137 - Virtual Sports Tukwila WA, LLC - 2019 Overwatch E-Sports Event19—l37 Council Approval N�/A x�x ��tv � ��x�� eu«uxwx"a 82OOSouthoentarBoulevard, Tukwila VVA88108 PARTNERSHIP AGREEMENT Contract Number: THIS AGREEMENT for Event Promotion ("Agreement") is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Virtual Sports Tukwila WA LLC, hereinafter referred t000"the Recipient", in consideration of the mutual benefi1s, ternmn, and conditions hereinafter specified. WHEREAS, the Citv's Lodging Tax Advisory Committee and City Council approved the use of lodging tax funds by the {}hv ofTukvv|o'o [ffima of Economic Development to support events vvNoh help increase tourism (both day and night) within the City; VVHEREAG, recipient has requested sponsorship for 2010 {)vemvmtoh Es9orts Event Watch Party (the "Event") to occur at variousclates and times in the month of Auglust, 2019; WHEREAS, the Recipient desires to promote the Event on social media to help increase attendance -, and WHEREAS, the Recipient's promotion of the event will help draw more people to the City, increase spending at the Event, and increase sales tax contributions to the City; and NOW, THER!EFORE, in consideration of the mutual benafite, covenan\s, conditions, promises and agreements set forth herein, it is agreed by and between the City and the Recipient as 1Social Media Campaign. Recipient shall provide, pnapena and axauuha a social media campaign topromote the Event, as further described >nAttachment �.~ 2. Payment. The City shall naimmbursa the Recipient for the actual social media costs incurred by Reci9iemt, up to m total nnmxinnunn contribution of $750.00. Recipient shall provide, documentation from social media platforms showing the specific costs incurred. Recipient is responsible for paying sno|a| media platforms directly. All 000iG| media costs shall be incurred no later than August 18, 2010. Recipient shall provide the City an invoice, which shall be paid by the City within 30 days of receipt. The invoice can be mailed to the address below uremai|ed to Bnandon.8Ni|ea(ajukmi|awa.clov. 3. Compliance with Laws. The Recipient shall, in performing the services contemplated by this A0naennen1, faithfully observe and comply with all fadana|, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 4. Indemnification. The Recipient shall defend, indemnify and hold the Cib/, its officers, off|cio|s, employees and volunteers harmless from any and all daims, injuries, damages, losses or suite including attorney hmes, arising out of or resulting from the acto, errors or omissions of the Recipient in performance of this Agneernent, except for injuries and damages caused bythe sole negligence ofthe City. Should a court of competent jurisdiction determine that this Agreement is subject to RCVV 4.24.115.thmn' in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or nanu|Ung from the concurrent negligence of the Recipient and the Citv, its nffioers, offinio|s, employees, and volunteers, the Recipient's liability hereunder shall be only tathe extent ufthe Recipient's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Recipient's waiver of immunity under Industrial |Oour8noo. Title 51 RCVV, solely for the purposes of this indemnification. This vvaivo, has been mutually negotiated by the �� K1 parties. The provisions of this section shall survive the expiration or 0arnlnmtinm of this Agreement. 5. ImsurmnmgAInsurance Term - lhe Recipient shall �c�and �i��n�r�du��e�ins�r� 3gohmat claims for injuries to persons or damage to property vvMoh 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. B. No limitation 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 inaunanoe, or otherwise limit the City's recourse to any remedy available at law or in equity. CRequired Insurance Recipient's required insurance shall boaafollows: General Liability insurance shall be etleast os broad as Insurance Services Office (|8{}) occurrence form CG0001 covering premmises, operations, prod ucta-oommo|eted operations and contractual liability. The City of Tukwila shall be named as, an additional insured on Recipient's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form {}G 20 11 or an endorsement providing at least an broad coverage. The General Liability insurance shall be written with limits no less than $1.O8O.QOOeach occurrence, $1.0QO'OOOgeneral aggregate. The insurance policy shall contain, or be endorsed to contain that the Users insurance coverage shall be primary insurance as respect the City of Tukwila. Any inaumanms, self- insurance, or self-insuped pool coverage maintained by the City of Tukwila shall be excess ofthe Recipient's insurance and shall not contribute with it. O. 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 1iobihh/ maintained by the F(ecipient, 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 Vovvur than those maintained, by the Recipient. E. Certificate of Insurance and Acceptability of Insurers Upon request, the Recipient shall provide acertificate cfinsurance evidencing the required insurance before using the Premises Insurance i3tob8placed with insurers with acurrent A.K8, Best rating ufnot less than /\: 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 wmP|oyees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax orsocial security orfor contributing tothe state industrial insurance programn, otherwise assuming the duties of an employer with respect to the Reo|pient, or any employee ofthe Recipient. 7, Discrimination Prohibited. Recipient, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of raoe, religion, cnaod, co|or, national nrigin, age, veteran status, sex. sexual orientation, gender identity, marital status, pnUtioo| aMi|iation, the presence of any diaobiUh/, or any other protected class status under state or federal |avv, in the selection and retention of employees or pnnnunarnent of materials or supplies. M. AssiqnmnenL The Recipient ahmU not sublet or assign any of the services covered by this Agreement without the express written consent ofthe City. 8. 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. 10.AppNicmb|e Law; \/emoe;Attqrney's Fees. This Agreement shall besubject to, and the Recipient mhm|| at all times comply vvith, aU| applicable federa|, state and local |ovvs, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances ofthe City. |nthe event any suit, orbitrodon, orother proceeding is instituted to enforce any term ofthis 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 ottnrney'ofeoo and costs of suit, Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 11. Severability and Survival. Ifany term, condition or provisionofthis Agreement indeclared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall nannaim fully enforceable. The provisions of this AOneernent, which by their sense and context are reasonably intended to survive the cnrnp|etion, expiration or cancellation of this Agrearnend, shall survive termination of this Agreement. 12. Notices- Notices to the City shall be sent to the following address: City Clerk City ofTukwila 02O0SoothcemberBoulevard Tukwila, WA 98188 Notices to Recipient shall be sent to the address below the execution line for the Recipient. 13. Entire Aqnomnlent| Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Recipient and supersedes all prior neQotiotiono, repnaoentotione, or agreements vvrd1an or oral. No amendment or modification of this Agreement shall be of any force or effect unless itisin writing and signed bvthe parties. CITY OF TUKWILA Derek Speck, ED Administrator ' L°'"��' s Y�� Recipient Printed Name: Brian DeIler Title: CEO Address: 17600 W Valley Hwy 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 on social media in a manner Recipient determines will best drive customers to the Event. 2. Where possible, the City's wordmark shall be shown in social marketing ads and the Event shall be promoted as being held in the City of Tukwila. The City will only reimburse for actual social media costs, not to exceed $750. Recipient shall provide proper documentation, to the satisfaction of the City, showing that expenses were incurred and paid. Reimbursement funds shall be paid directly to the Recipient, with Recipient responsible for payment of all expenses incurred on social media. In the event any hotel referrals are needed for the Event, Recipient shall direct such referrals to hotel(s) within the City of Tukwila of Recipient's choosing. Page 5