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HomeMy WebLinkAboutGRA2019-031 - Original - Women's Flat Track Derby Association (WFTDA) - Lodging Tax Grant Agreement: International Playoffs - 07/10/2019 Agreement Routing Form KENT For Approvals, Signatures and Records Management W A S M I N G T O N This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Tanya Kosen Department: Emer gmt/Fire Date Sent: 1 I Date Required: asap � V LAuthorized Director or Designee Date of a, to Sign: Council Qj/ Mayor Approval: Budget 1300133-15.64190.1270 Grant? Yes No Account IV Number: Type: Local Vendor Women's Flat Track Derby Assoc., WFTDA Category: Grant:Nan-Real Property Name: = Vendor 2073700 Sub-Category o Number: ME Project International Playoffs Name: 0 C Project *# Details: c £ Agreement $2,000 Basis for 0 Amount: Selection of I n to rl oca I Ag mt Contractor. Q Start Date: Upon execution Termination Date: 12/31/2019 Notice required prior to Yes No Contract Number: disclosure? Date RRECEIVED Comments: 3 JUL 0 8 2019 KENT LAW DEPT. ' RECEIVED M Date Routed to the Mayor's Office: JUL 9 2019 a Date Routed to the City Clerk's Office: City of Kent d YWIq Office of the Mayor Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agree SadccW22373_6_19 KENTLodging Tax Grant Agreement 1. Parties. This agreement is entered into by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Women's Flat Track Derby Association, a nonprofit (hereinafter the "Recipient"), located at P.O. Box 14100, Austin, TX 78761. 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 and no/100 Dollars ($2,000) 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 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.aov) 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. S. 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. 8. 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 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 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 RECIPIENT: Women's Flat Track Derby CITY OF KENT: Association _ By: By. (signature) (signature) Print Name: Dana Ralph Print Name: Erica Vanstone Its Mayor Iks Executive Director G } _ (title) Date: j Date: Z — NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Michelle Wilmot, Economic Development Sue Nally Manager Women's Flat Track Derby Association City of Kent PO Box 14100 220 Fourth Avenue South Austin, TX 78761 Kent, WA 98032 suzyslam@sftda.com 253-856-5709 (telephone) 519-590-6255 (telephone) APPRO D TO FORM: Keat Law Department ATTE T: Kent City Clerk Page 5 of 5 Lodging Tax Grant Agreement EXHIBIT A Statement of Work The international governing body of the sport of Roller Derby, the Women's Flat Track Derby Association (www.wftda.com), produces international playoff tournaments yearly in different cities around the world. This event brings the top 12-14 teams, out of over 400 member leagues, together to compete for a spot in the WFTDA International Championships. These flagship events are the highlight of the season for teams and fans alike, akin to an event such as the Stanley Cup playoffs or European Cup qualifiers. The tournament takes place over three days with a total of 12-16 games starting early on Friday and ending with finals on Sunday followed by an award presentation. The event is executed by the staff of the WFTDA, crews of officials, a local league as host and volunteers, marketing teams and broadcast teams for live webcasting and televising (numbering approximately 300 participants and volunteers). Goals • Promote people of all ages participating in sports activities that are inclusive and welcoming. • Offer a Junior roller derby skater discounted weekend pass to promote young athletes and their families to attend the event. • Offer a discounted evening ticket to give an affordable option for people not familiar with the sport to encourage them to come check it out. • Offer an open scrimmage opportunity to all skating attendees to provide an opportunity to experience the sport on the weekend of the event. Outcomes/Deliverables • Bring the top-ranked teams in the world together to vie for a chance to be named the champions, and to stay in Kent and other area hotels. • Matches between the top teams in the world - some coming all the way from England, Sweden, Argentina, Canada, Australia and across the USA, will attract fans from in state and beyond who will attend games, stay over and dine in Kent. • Approximately 100 top level officials and announcers from around the world volunteer their time and money to be part of these events will also be exposed to Kent's amenities • Growth of interest in the local derby league either as a fan to attend games or as a participant to be a skater or referee. Exhibit A- 1 Lodging Tax Grant Agreement EXHIBIT B INSURANCE REQUIREMENTS FOR LTAC GRANT AGREEMENT Insurance The Consultant 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 work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Exhibit B- 1 Lodging Tax Grant Agreement E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Exhibit B-2 Lodging Tax Grant Agreement DATE(MM/DD/YYYY) ACORO> CERTIFICATE OF LIABILITY INSURANCEF`..� 07/02/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: American Specialty Insurance&Risk Services,Inc. PHONE FAX No Ezt: No E-MAIL ADDRESS: 7609 W.Jefferson Blvd.,Suite 100 INSURERS AFFORDING COVERAGE NAIL# Fort Wayne IN 46804 INSURERA: Arch Insurance Company 11150 INSURED INSURER B: Women's Flat Track Derby Association Women's Flat Track Derby,Inc. INSURER C: 1905 West 4700 South#212 INSURER D INSURER E: Salt Lake City UT 84118 INSURER F: COVERAGES CERTIFICATE NUMBER: 1001695192 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY E%P LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ITED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ Excluded A Y SSCGL0014401 12/31/2018 12/31/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY JE O- LOC I��, PRODUCTS-COMP/OP AGG $ 5,000,000 X OTHER: EVENT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED tid BODILY INJURY Per accident) $ AUTOS ONLY AUTOS ( ) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 A X E%CESSLIAB CLAIMS-MADE SSFXS0010101 12/31/2018 12/31/2019 AGGREGATE $ 10,000,000 DIED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICEMEMBER EXCLUDED? N/A (MandatoR/ry in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage applies to the following:WOMEN'S FLAT TRACK DERBY ASSOCIATION WFTDA,PO BOX 14100,AUSTIN,TX 78761. Coverage available under Mutual of Omaha Insurance Company policy#SR2014UT-P-051784 is on file with the policyholder. Accident Medical$10,000, Deductible$2,500 players with primary medical/Deductible$7,500 players without primary medical.Accidental Death&Dismemberment$5,000. Policy effective date: December 31,2018/Policy expiration date:December 31,2019. CERTIFICATE HOLDER CANCELLATION The City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: A�co�Ro° ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED American Specialty Insurance&Risk Services,Inc. Women's Flat Track Derby Association Women's Flat Track Derby,Inc. POLICY NUMBER 1905 West 4700 South#212 SSCGLOO14401 CARRIER NAIC CODE Salt Lake City,UT 84118 Arch Insurance Company 11150 1 EFFECTIVE DATE: 12/31/2018 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE-Certificate#1001695192 -Named Insured(continued):Women's Flat Track Derby Association Women's Flat Track Derby,Inc. Women's Flat Track Derby Association,Their Officials,and Registered Member League/Teams who have enrolled in the insurance program. Women's Flat Track Derby,Inc. Managers,coaches/officials and members of those registered member teams/leagues have enrolled in the insurance program,but only while acting in their capacity as such and only with respect to those teams' "scheduled activities". Validly-registered athlete participating in events sanctioned by Women's Flat Track Derby Association. (Validly-registered means registered with a member Women's Flat Track Derby Association League/Team.) It is further understood and agreed that coverage is extended to Women's Flat Track Derby Association member teams/leagues who have enrolled in the insurance program as regards their participation in USA Roller Sports(USARS)sanctioned roller derby activities but only with respect to those activities directly related to their affiliation with Women's Flat Track Derby Association. Member leagues/teams of WFTDA that have enrolled in the insurance program will be reported to Us on a monthly basis. -The Certificate Holder is only an Additional Insured with respect to liability caused by the negligence of the Named Insured as per Form 00 SGL0026 00 Additional Insured-Certificate Holders,but only with respect to ROLLER DERBY PLAYOFFS AND ACTIVITIES from July 02,2019 through December 30, 2019. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD