HomeMy WebLinkAboutGRA2019-037 - Original - Washington USSSA - Lodging Tax Grant Agreement: 2019 Men's Softball Tournament - 08/07/2019 Agreement Routing Form
KENT For Approvals,Signatures and Records Management
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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: 08/02/2019 Date Required: asap
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:0 Authorized Director or Designee Date of December 2018
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IL to Sign: Council
C Mayor Approval:
Budget 13001315.64190.1270 Grant? 21 Yes No
Account
Number: Type: Local
Vendor Washington USSSA Category: Grant:Non-Real Property
Name:
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Vendor 99353 Sub-Category
o Number:
a Project 2019 Men's Softball Tournament
Name:
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c Project
�. Details:
Agreement $3,800 Basis for
d Amount: Selection of
i Contractor.
171
Q Start Date: upon execution Termination Date: 12/31/2019
Notice required prior to Yes No Contract Number: �/�f�v�/r1 _a 3�
disclosure? 1:1 RI
Date Received by City Attorney: Comments:
RECEIVED
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Date Sent to Originator:
Visit Documents.KentWA.gov to obtain copies of all agreements
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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 Washington USSSA,
a Washington limited liability company (hereinafter the 'Recipient"), located at
2126 NE 160th Street, Shoreline, Washington 98155.
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 Three Thousand Eight Hundred and 00/100 Dollars ($3,800) 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
Washington USSSA
Men's Conference Dual USSSA Major
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
Washington USSSA
Men's Conference Dual USSSA Major
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
Washington USSSA
Men's Conference Dual USSSA Major
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
Washington USSSA
Men's Conference Dual USSSA Major
RECIPIENT: WASHINGTON STATE CITY OF KENT:
GEOCACHING ASSOCIATION
By: -7
By: 5 (signature)
(signature) Print Name: Dana Ralph
Print Name: Stroian Kennison Its Ma or
Its State Director
(title)
Date
Date:- 08/02/2019
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
RECIPIENT: CITY OF KENT:
Michelle Wilmot, Economic Development
Strojan Kennison Manager
Washington USSSA City of Kent
2126 NE 168th St 220 Fourth Avenue South
Shoreline, WA 98155 Kent, WA 98032
206-930-9989 (telephone) 253-856-54709 (telephone)
APPRO ED TO FORM:
i
Ke t L w Department
ATT T:
Kent City Clerk
Page 5 of 5 Lodging Tax Grant Agreement
Washington USSSA
Men's Conference Dual USSSA Major
EXHIBIT A
Statement of Work
The Men's Major is a Dual Event, spanning over a Thursday, Friday, Saturday and
Sunday tournament bracket format, with teams from all over the U.S. in
attendance. Only a small handful (under 20 players) are from the state of
Washington.
This annual event will attract attendance to restaurants, bars, hotels, grocery
stores, fast food markets, small businesses, local housing communities (for teams
who rent out houses), gas stations, and larger department stores in the Kent, WA
region. All teams stay within the city limits of Kent, due to the amount of games
they play on a rigorous schedule.
Exhibit A- 1 Lodging Tax Grant Agreement
Washington USSSA
Men's Conference Dual USSSA Major
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
Washington USSSA
Men's Conference Dual USSSA Major
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
Washington USSSA
Men's Conference Dual USSSA Major
3122/2019 web.usssa.com/sports/tC.asp?A=369626&8=300647
CERTIFICATE OF INSURANCE Issue Date:3/1/2019
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 be endorsed.If SUBROGATION IS WAIVED,subject to the terms and
cendistions 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: INSURERS AFFORDING COVERAGE
EPIC Brokers INSURER A:Scottsdale Insurance Company
License No. OB29370 INSURER B:Scottsdale Insurance Company
P.O.Box 13847 INSURER C:
INSURER D:
Sacramento CA 95853 INSURER E:
888-880-3602 Email: insurance@usssa.eom
Insured:
United States Specialty Sports Association
5800 Stadium Parkway
Melbourne,FL 32940
800-741-3014
Coverages:
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 Policy
LTR Type of Insurance INSD WVD Policy Number Effective Expiration Limits
Date Date
A Commercial General Liability Y' N KRS0000007642700 1/1/2019 1/1/2020 Each OccurrenceS2,000,000
Occurence Basis Damage to Rented Premises(ea occ)5300,000
Med Exp(any one person)S Excluded
General Aggregate S None
Personal and Adv Injury$2,000,000
Products-ComprOP Agg S2,000,000
Participant Legal Liability$2,000,000
B Excess Liability Y N XKS0000007642800 1/V2019 1/1/2020 Each Occurrence S 1,000,000
I t Aggregate S 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES(ACORD 101,Additional Remarks Schedule may be attached if more space is required)
Coverage Includes amateur play and practice in the Insured sport for:City of Kent
The Field/Facility Owner shown as the certificate holder shall be an additional Insured but only with respects to liability caused by the negligent acts or omissions
of the named Insured and only with respects to tosses resulting from amateur play and practice during USSSA sanctioned activities occurring between the
coverage effective date listed below and the policy expiration date.
Certificate Holder: Coverage Effective Date:3/1/2019 7:00:00 PM
City of Kent CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
525 Fourth Ave N ACCORDANCE WITH THE POLICY PROVISIONS.
Kent WA 98032
Certificate# USSSA-369626-300647 Authorized Representatives: �� /u-`✓�., f/t
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