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HomeMy WebLinkAboutGRA2019-035 - Original - Seattle Metro Jr Olympics - Lodging Tax Grant Agreement: Girl's Fastpitch - 08/06/2019 Agreement Routing Form KENT For Approvals,Signatures and Records Management W AS....TON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: T Kosen/R Bylin Department: ECD Date Sent: 07/31/19 Date Required: asap io > Authorized Director or Designee Date of December 2018 0 a. to Sign: Council Mayor Approval. Budget 13001315.64190.1270 Grant? ❑� Yes EI No Account Number. Type: Local Vendor Seattle Metro Jr Olympics Category: Grant:Non-Real Property Name: o Vendor 1234739 Sub-Category 0 Number: 0 Project Girl's Fastpitch L. Name: 0 C Project Details: c d Agreement $2,000 0 Basis for Selection of Amount: Contractor: a Start Date: Upon Execution Termination Date: 12/31/2019 Notice required prior to Yes a No Contract Number. disclosure. n+ Date R e &4yW4UwAey L.LJ Comments: c JUL 31 2019 cc KE! \T LA DE! Te r INIF Y \1... L 3 Cn Date Routed to the Mo is Office: AUG 5 2019 a d Date Routed to the City Clerk's Office: City of Kent QffiCe nf the Mayor .� Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373.6..19 Lodging Tax Grant Agreement KENT WnS-"v rJ r 1. Parties. This agreement is entered into by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Seattle Metro Junior Olympics (hereinafter the "Recipient"), located at 2303 N 194th Street, Shoreline, Washington 98133. 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 00/100 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 rate of Page 1 of 5 Lodging Tax Grant Agreement Seattle Metro Junior Olympics USA Softball Girl's Fastpitch Tournaments 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 Seattle Metro Junior Olympics USA Softball Girl's Fastpitch Tournaments 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. 17. Cumulative Remedies. The rights and remedies of each party set Page 3 of 5 Lodging Tax Grant Agreement Seattle Metro Junior Olympics USA Softball Girl's Fastpitch Tournaments 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 Seattle Metro Junior Olympics USA Softball Girl's Fastpitch Tournaments RECIPIENT: SEATTLE METRO ]UNIOR CITY OF KENT: OLYMPICS Digitally signed by Jim Donner Jim Do n n e r DN cn=Jim Donner,o=SeattleMetrol0, y�// ou,email=jimdonner@aol.com,-US Bl ' Date:2019.07.301455:21-07'00' (signature By. Print Name: Dana Ral (signature) ph Print Name: Jim Donner Its Mayor Its President & JO Commissioner (title) Date Date. 7/30/2019 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Jim Donner Michelle Wilmot, Economic Development Seattle Metro Junior Olympics Manager 2303 N 194th St City of Kent Shoreline, WA 98133 220 Fourth Avenue South Kent, WA 98032 206-854-1181 (telephone) 253-856-54709 (telephone) APPR ED 7TO FORM: Ke w Department ATT ST: c 7 Kent City Clerk Page 5 of 5 Lodging Tax Grant Agreement Seattle Metro Junior Olympics USA Softball Girl's Fastpitch Tournaments EXHIBIT A Statement of Work We have run girls fastpitch softball tournaments in the area for 25 years. We play most of them in Kent at the Service Club fields and at Hogan Park at Russell Road. we have received grants for $5,000 in prior years but in 2018 were unable to get a response from Julie Pulliam and then when we found out she retired we were unable to get a response from Rhonda Bylin. Therefore we are requesting $10,000 which will help with 2018 and also with the increase in costs for temporary fencing and field rentals. Our tournaments run from April 1 through the end of September and we have 25+ individual rentals of the two complexes. The teams that play in these tournaments come from all over the northwest and Canada. We estimate 3,000 - 4,000 room nights in the Kent area each year. Our success year in and year out is unmatched in fastpitch softball in the northwest. We promote the tournaments on our tournament website www.tournamentusasoftball.com and I contact each team as they enter to provide them information on where they will play and to stay in Kent hotels. Exhibit A- 1 Lodging Tax Grant Agreement Seattle Metro Junior Olympics USA Softball Girl's Fastpitch Tournaments 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 Seattle Metro Junior Olympics USA Softball Girl's Fastpitch Tournaments 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 Seattle Metro Junior Olympics USA Softball Girl's Fastpitch Tournaments %-.GII 1 If 1L/"\ I G V1- LI^1;)1LI I I 11i1%3%JF%^1-4krG IttfftUfZ 7U 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 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 endorsements). PRODUCER CONTACT RPS Ballinger NAME: 150 JFk:PARKWAY,4TH'FLOOR PHONE FAX PO Sox 3W lAtC,No-Eztl: 800-446-5311 IatC No.I:S73-1121-8474 SHORT HILLS,NJ 07078 E-MAIL PHONE: 1-800-448-5311 FAX:973-921.8474 ADDRESS:. INSURE S AFFORDING COVERAGE NAIL# INSURER A:Markel Insurance Company _INSURED INSURER B: USA Softball and Members of USA, Softball of Seattle Indiv Reg INSURER C: Program Jim Donner 14SURERD: 2383 North 194th Street 14SURERE: Shoreline, WA 98133 INSURER F: COVERAGES POLICY CHANGE NUMBER:IR0201963316 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. MISR TYPE OF11-JSU R.ANC:E ADDL POLIC'YNUMBER POLr—YEFF LICYEXP LINTS LTR INSR vvm tMWDDNYYYI JMMIDONYYYJ GENERAL LIABILITY X EAC�OC C". $2,€00,,C a A X CC,brMERCIA:L GENERAL LIABILITY Z TO REMTErJ CLAIMS-MADE �OCCUR 000zow 3602AFiL30063 1r1,Z l? 1'1''_v 'u p, Eaooatrrceaa?,, $1; 6aEDEkP?An X Participa:ntsLiab *Nan-participantsonly pERSONAL&ADVTWURY OOd} MNERALAC-SREGATE CE'N L AGGRf ur+.TE L18.f- [X—II=5 PER: �I Abuse&?&Iestakion Liab} occwinc?:$1,0 ., �(Ci�vCTS-COLV11OP ASS POLICY JECT LOC GM�l_�lb%.se ?vial static Ag sa Iimit:1?rykD AUTOMOBILE LIABILITY C{?Afi:' SVG—v fEa $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS RTY 1AttiAC HIRE'DAUTOS ANUT NED k aP:'- ff*) S $ UMBRELLA LIAR ?CCU'R EA EXCESS LIAR ASS9.EGATE DEC, RETENTION WORKERS COMPENSATION AICSTATX,'- AND EMPLOYERS`LIABtLJTY X%^(FAR:.: 0R.KART Y 1 N ORY L TS EXCL' ? N J A ACCCENr IMandatocyr in NH)If yes,: ^r DES:-wTiou 0;: €A EMPLOYEE $ C P EFL AT0 S 6aIvN - DISEASE-PCUCY LWT OTHER DE SOR1PTION OF OPERATIONS 1 LOCATIONS f VEHICLES{Attach AC RD 101,Additional Remarks Schedule,if more space is required) {OVERAGE UNDER THIS POLICY SHALL APPLY TO LIABILITY OF THE INSURED ARISING OUT OF THE ADU I'NISTRATION,PLAY OR PRACTICE OF AUATEUR SOFT BALL'BASEBALL, BUT ONLY FOR INCIDENTS INVOLVING BODILY INJURY,PERSONAL INJURY OR PROPERTY DAMAGE. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED.THIS CERTIFICATE I S ISSUED ON BEHALF OF:SEATTLE METRO JO CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Rhonda Byhn BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 4W'vVest Grove ACCORDANCE WITH THE POLICY PROVISIONS.. Kent.W,a 98032 � . AUTHORIZED REPRESENTATIVE 0 1998-2010 ACORD CORPORATION, All rights resewiad. ACORD 25(2010/05) The ACORD name and logo are registered':marks of ACORD ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION FOR ZA-Z.F USA SOFTBALL ACTIVITIES This endorsement modifies insurance provided underthe fallov;ing: COMMRCIAL GEINFRAL LIABILTrY CO-%TRAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. Na wn of Imwed USA Softball zndMeinbers of USA SoftbaU of Seattle Ir.&v Reg Program City of Kent Policy PeTiod Endofsemart E&Ztive Dari 3 K2AH23069 !1,,'2019-l.?P2020 As on the attach--d Certidcat-of Insuramp Policy Numbie �111-17; I Issued By Awhosized Rapresertative Uuum EIMMANCE COMPANY 1 Tlmp aboa it icon is xsquvred only�t-en this er t is p.--pzsd atEr the policy is ismed. SCHEDULE 'Name of Person or Organization: As Show on the Attached Certificate of Insurance A. The following is added to Section H-WHOISkN INSURED: The person or organization shown in the above SCHEDULE but only with respect to liability arising out of the organization, promotion.administration and conduct of amateur softball actiNities,includinggames, tournaments,and fund-raisin _ prances..tourn 3 activities,under the rules of the USA Softball,provided: a. That if the person or organization is designated as a Team-the person or organization so designatedshall e deemed to all b include team members,managers;coaches,assistants.batboys,reg istered gistered scorekeepers,sponsors,any other individual participating in the official functions of the team,and if so indicated,a Field Owner,but only for liability,arising out of the designated Team's amateur softball activities covered under this policy; b. That if the person or organization is designated as a League,the interest of the League shall not be included unless all teams in the League purchase this insufance.When the interest of the League is so included,the person or organization designated as a League shall be deemed to include all teams in the league and team members,managers,coaches,assistants,batboys, registered scorekeepers,sponsors,any other individual participating in the official functions of the League or of any such teams,and if so indicated.a Field Owner,but only for liability arising out of the designated League's amateur softball activities covered under this policy- -All other terms and conditions of this policy remain unchanged.