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Home My WebLink AboutGRA2019-018 - Original - Highline College Foundation - Highline College Golf Tournament - 05/08/2019 `�--/EON TRecords Management Document w.sNoxo« CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Highline College Foundation 2032901 Vendor Number (JDE): Contract Number (City Clerk): &440?011-C2/6 Category: Grant Related Agreement (Non-Real Property) Sub-Category (if applicable): None Project Name: Highline College Golf Tournament upon execution 12/31/2019 Contract Execution Date: Termination Date: Contract Manager: Michelle WilmotDepartment: ECD Contract Amount: $Z900 Budgeted: P1 Grant? Part of NEW Budget: Local: 7 State: F Federal: Related to a New Position: Notice required prior to public disclosure? Basis for Selection of Contractor? Other Approval Authority: 1:1 Director FV1 Mayor City Council Other Details: /''`► Lodging Tax Grant Agreement emu/ KEN T W......— 1. Parties. This agreement is entered into by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Highline College Foundation, a Washington limited liability company (hereinafter the "Recipient"), located at 6426 Radiance Blvd, Fife, Washington 98424. In consideration of the mutual promises identified herein, the parties agree as follows: 2. Revenue Award and Payment. The City awards lodging tax revenue in the amount of Two Thousand Nine Hundred and 00/100 Dollars ($2,900) to Recipient. The City shall issue lodging tax revenue to Recipient on a reimbursement basis. (Notwithstanding the foregoing, the City has the sole discretion to issue lodging tax revenue to the Recipient in a lump sum, in installments, or pursuant to any other reasonable method.) In order to obtain reimbursement, Recipient shall submit an invoice with supporting documentation to the Director of Economic and Community Development. 3. Use of Revenue. Recipient shall use the lodging tax revenue to benefit the City of Kent through: (1) business or leisure tourism marketing; (2) marketing and operations of special events and festivals designed to attract business or leisure travelers; or (3) supporting the operations of tourism-related facilities owned or operated by nonprofit organizations. "Tourism promotion" shall have the meaning set forth in RCW 67.28. RCW 67.28 defines tourism promotion to mean activities, operations, and expenditures designed to increase tourism, including but not limited to: a. advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; b. developing strategies to expand tourism; C. operating tourism promotion agencies; or d. funding the marketing of or the operation of special events and festivals designed to attract tourists. Furthermore, Recipient's tourism promotion activities, operations and expenditures shall be wholly consistent with the program or activities described in Recipient's application for lodging tax revenue, a copy of which is attached hereto, and incorporated by this reference as Exhibit A. If the Recipient's application and this contract conflict, the provisions of this contract shall control. If any grant funds remain unused as of the termination date below, or if Recipient fails, for any reason, to use the lodging tax revenue as required herein or by applicable law, or fails to perform its obligations under this contract, the Recipient shall, upon demand of the City, repay the lodging tax revenue to the City. Interest shall accrue at the Page 1 of 5 Lodging Tax Grant Agreement Highline College Foundation Highline Golf Invitational rate of twelve percent (12%) per year from the time the City demands repayment of the lodging tax revenue, and the City may use any method available to it by law to collect any such funds. 4. Marketing and Promotional Materials. All events and activities funded with lodging tax revenues must list the City of Kent as a sponsor. Recipient will feature either the City of Kent logo and web address (KentWA.gov) on business- related event marketing and promotional materials or the Visit Kent logo and web address (VisitKent.com) if the activity is for leisure or entertainment purposes. Use of City logos and web addresses shall be consistent with City policies and procedures, and such policies and procedures are hereby incorporated into this agreement. Permission for the use of City logos may be revoked at any time by the City and such use shall not exceed the term of this agreement unless expressly permitted by the City. 5. Term and Termination. This contract shall be effective when both parties have executed this contract and shall terminate once Recipient expends the lodging tax revenue or on December 31, 2019, whichever is earlier. The City may terminate this contract if the Recipient breaches this contract and then fails to cure the breach after the City provides written notice of the breach and allows the Recipient a reasonable opportunity to cure, if such breach is curable. The City may suspend this contract, with or without cause, by providing written notice of suspension to Recipient. 6. Reports and Information. Recipient shall maintain records that fully and accurately reflect any use of the lodging tax revenue and Recipient's tourism promotion activities, operations and expenditures. Recipient, at such times and in such forms as the City may require, including after the cessation of its tourism promotion activities, operations and expenditures, or termination of this contract, shall make available to the City for audit and inspection any and all records that relate to the lodging tax revenue and Recipient's tourism promotion activities, operations and expenditures. Recipient shall maintain accounting records in accordance with generally accepted accounting principles and practices. 7. Independent Contractor. Recipient shall be an independent contractor for all federal, state and other purposes. S. Indemnification. 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, except for injuries and damages caused by the sole negligence of the City. 9. Insurance. The recipient shall provide proof of and maintain insurance as defined in Exhibit B which is attached and incorporated by this reference. 10. Notices. Any notices given by the City to Recipient or by Recipient to the City shall be in writing and delivered to the other party. Page 2 of 5 Lodging Tax Grant Agreement Highline College Foundation Highline Golf Invitational 11. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this contract shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. 12. Applicable Law; Venue. The venue for any legal action arising from this contract shall be King County, Washington, and that this contract shall be governed, construed, and interpreted according to the laws of the State of Washington. 13. Compliance with Laws and Regulations. Recipient shall comply with all applicable laws, rules, regulations, and orders from any and all authorities having jurisdiction. 14. Compliance with the Public Records Act. Recipient acknowledges that the City is subject to the Public Records Act, Chapter 42.56, RCW (the "Act"). All records owned, used, or retained by the City are public records subject to disclosure unless exempt under the Act, whether or not such records are in the possession or control of the City or the Recipient. The Recipient shall cooperate with the City so that the City may comply with all of its obligations under the Act. To ensure the City's compliance, the Recipient shall, within ten (10) days after receipt of notice from the City, deliver to the City copies of all records relating to this Agreement or relating to the Work, which the City determines qualify as the City's public records under the Act. If the City receives a public records request relating to this Agreement or relating to the Work, the City shall seek to provide notice to the Recipient at least ten (10) days before the City releases records pursuant to such public records request, but in no event will the City have any liability to the Recipient for any failure of the City to provide such notice. In addition to its other indemnification and defense obligations under this Agreement, Recipient shall indemnify and defend the City from and against any and all losses, penalties, fines, claims, demands, expenses (including, but not limited to attorney's fees and litigation expenses), suits, judgments, or damage arising from or relating to any failure of Grant Recipient to comply with this section. 15. Discrimination Prohibited. In all Recipient programs, operations or activities, and all hiring and employment made possible, directly, indirectly, by or resulting from this contract, Recipient shall not discriminate against any protected class or on any basis prohibited by federal or state law, including, but not limited to, sex, race, color, creed, religion, national origin, disability, use of a guide dog or service animal by a person with a disability, HIV/AIDS or hepatitis C status, sexual orientation, gender identity, or honorably discharged veteran and military status. 16. Assignment and Subcontract. Accept as noted or identified in Recipient's Hotel/Motel Tax Fund Application, Recipient shall not assign or subcontract any portion of the Service contemplated by this contract without the written consent of the City. Page 3 of 5 Lodging Tax Grant Agreement Highline College Foundation Highline Golf Invitational 17. Cumulative Remedies. The rights and remedies of each party set forth in any provision of this contract are in addition to and do not in any way limit any other rights or remedies afforded to such party by law. 18. Severability. The invalidity or unenforceability of any particular provision of this contract shall not affect the other provisions, and this contract shall be construed as if such invalid or unenforceable provisions were omitted, unless such invalidity or unenforceability destroys the purpose and intent of this contract. 19. Entire Contract; Possible Amendments. This contract contains the entire agreement between the parties and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall be deemed to exist or bind any of the parties. Either party may request changes in the contract. Proposed changes mutually agreed upon will be incorporated by written amendments to this contract. 20. Misuse of Funds for Political Activity. Awarded Lodging Tax Funds may not be used directly or indirectly to further political activity and/or endorse rather than use such funds for their intended purpose. Any such use shall be grounds for immediate termination of this contract and in that event the Recipient hereby agrees to refund all grant funds. (Remainder of Page left blank intentionally) Page 4 of 5 Lodging Tax Grant Agreement Highline College Foundation Highline Golf Invitational May. 01 . 2019 21 :22 steb PAGE. 3/ 3 RECIPIENT: Highline College CITY OF KENT: Foundatlo j By. 13yY�a �,� (signature) (sign atur ) Print Narn Stev . T r- Print Name;_ Dana RalDh Its b VY"oawoA &0s� C, Its - Aavor {tltie r'� Date. S ! ` Date; NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Steve Turcotte Michelle Wilmot, Economic Development Highltne College Foundation Manager 6426 Radiance Blvd E City of Kent Fife, WA 98424 220 Fourth Avenue South Kent, WA 98032 206-240-9029 (telephone) 253-856-54709 (telephone) APPRO D TO FORM: Ken Department ATTE Kent Ci Clerk Pago S of 4 LodgIng Tax Grant Agreoment Hlghilne College Foundation Highline Golf Invitational EXHIBIT A Statement of Work Highline College will host a college golf tournament with 12 men's and women's team at Riverbend Golf Course Sunday May 5th through Monday May 61h. With over 100 golfers from throughout the Pacific Northwest, their coaches and family members coming to town for the multi-day tournament, many room nights, restaurant meals and other incidental spending will occur around this event. The grant will be used to subsidize tournament round fees for participating teams, trophies and awards for participants and anyone who gets a hole-in-one, food and beverage expenses and promotional/directional banners. Exhibit A- 1 Lodging Tax Grant Agreement Highline College Foundation Highline Golf Invitational EXHIBIT B INSURANCE REQUIREMENTS No Insurance is required for this Contract. Request for Mayor's Signature KENT WASHINGTON Complete this form and route to the Office of the City Attorney (Print on cherry-colored paper) Approved by Director Originator:Tanya Kosen Phone (Originator):5461 Date Sent:05/03/2019 Date Required:asap Returned Signed Document to:Tanya 8 Contract Coversheet Attached Has this Docu t been Specifically Authorized Vendor Name: Hlghllne College Foundation in the Budget? Ye ❑No Date of Council Approval: n/a Account Number: 13001315.64190.1270 Brief Explanation of Document: LTAC Grant Award RECE/VEO MAY 0 KENTLAW KEPT Date Received by City Attorney: HE U0, LIVED Comments: MAY 0 7 2019 Date Routed to the Mayor's Office: City of Kent Date Routed to the City Clerk: 5& Z5 Office of the Mayor Date Returned to Originator: adccW19756_4_18