HomeMy WebLinkAboutGRA2019-048 - Original - Western Hockey League - Lodge Tax Grant Agreement: US Challenge Cup - 10/02/2019 Agreement Routing Form
NIIKENT For Approvals,Signatures and Records Management
VJASHIVOTON
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator. Tanya Department. ECD
Date Sent: 09/13/19 Date Required: asap
0 Authorized Director or Designee Date of
Cato Sign: a Council
✓ Y Approval.
Budget Grant? Yes No
Account
Number: Type: Local
Vendor Western Hockey Leauge Category: Grant:Non-Real Property
Name:
Vendor
o 2108368 Sub-Category
o Number:
£ Project US Challenge Cup
b. Name:
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c Project
Z Details:
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EAgreement $50,000 Basis for
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a Start Date: upon execution Termination Date: 12/31/2019
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Visit Documents.KentWA.gov to obtain copies of all agreements
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T Lodging Tax Grant Agreement
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1. Parties. This agreement is entered into by and between the City of Kent, a Washington
municipal corporation (hereinafter the "City"), and Western Hockey League, a Canadian
company (hereinafter the "Recipient"), located at 2424 University Drive NW, Calgary, AB
T2N3Y9.
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
Fifty Thousand and no/100 Dollars ($50,000) 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 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
Page 1 of 5 Lodging Tax Grant Agreement
Western Hockey League
US Challenge Cup
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.
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
Page 2 of 5 Lodging Tax Grant Agreement
Western Hockey League
US Challenge Cup
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 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.
21. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
Page 3 of 5 Lodging Tax Grant Agreement
Western Hockey League
US Challenge Cup
(Remainder of Page left blank intentionally)
Page 4 of 5 Lodging Tax Grant Agreement
Western Hockey League
US Challenge Cup
RECIPIENT: WASHINGTON STATE CITY OF KENT:
GEOCACHING ASSOCIATION
By:
By: (signature)
(signature) Print Name: Dana Ralph
Print Name: Ron Robison Its Mayor
Its Commissioner tl�3
(titre) Date: �
Date: t 2_"" zo t Q
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
RECIPIENT: CITY OF KENT:
Michelle Wilmot, Economic Development
Ron Robison Manager
Western Hockey League City of Kent
2424 University Drive NW 220 Fourth Avenue South
Calgary, AB T2N3Y9 Kent, WA 98032
253-856-5709 (telephone)
robisonr@whl.ca
403-693-3056
APP7AVEP AS TO FORM:
Kent LaWpartment
t
ATTEST: '
Ken it Jerk
Page 5 of 5 Lodging Tax Grant Agreement
Western Hockey League
US Challenge Cup
EXHIBIT A
Statement of Work
US CHALLENGE CUP
Goals
• To create a major youth sporting event for the City of Kent
• To grow the game of hockey at the grassroots level in and around the Kent,
Washington area
• To provide all participants and spectators a memorable experience
• To provide the top players in the US an opportunity to learn about the benefits of
playing in the Western Hockey League and the WHL Scholarship program it offers
• To provide exposure for all participants to allow them to achieve their athletic goals
Outcomes / Deliverables
• To create a hockey tournament which encourages youth to participate in the sport
• To establish the City of Kent as the annual host of this major showcase hockey
tournament
• To generate significant economic impact for businesses in the City of Kent
• To develop a strong community spirit through volunteer involvement and spectator
attendance at the event.
Estimated Completion Date
Marketing and promotion for the event will begin in September 2019 and continue until the
event concludes on Sunday, February 23, 2020.
Success Measures
• Over 1000 boys and girls from the Kent area will be exposed to the game of hockey
and have an opportunity to skate with WHL/NHL Alumni
Page 4
• 2000 spectators attend the games over the 3-day event
Outline the timeline and milestones for project completion into a list. Include dates
and expectations for key activities.
What is the projected overall attendance at your proposed event/activity?
1000-2000 spectators over the three-day event
What is the projected number of attendees who will stay in Kent overnight in paid
accommodations?
550-600 individuals in paid accommodations or approximately 1,200 room nights
Exhibit A- 1 Lodging Tax Grant Agreement
EXHIBIT B
INSURANCE REQUIREMENTS FOR
LTAC GRANT AGREEMENT
Insurance
The Recipient 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 Recipient, their agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance
Recipient 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
Recipient'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. If Recipient is not subject to the Industrial Insurance
laws of Washington, it shall obtain insurance equivalent to that of workers'
compensation coverage or provide proof, if required, of coverage under the
Canadian equivalent.
B. Minimum Amounts of Insurance
Recipient 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 Recipient'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 Recipient's insurance and shall not contribute with it.
2. The Recipient'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 Recipient 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 Recipient'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
Exhibit B - 1 Lodging Tax Grant Agreement
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
E. Verification of Coverage
Recipient 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 Recipient before commencement of the work.
F. Subcontractors
Recipient 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 Recipient.
Exhibit B - 2 Lodging Tax Grant Agreement
CERTIFICATE OF INSURANCE REQUEST FORM
FIELDS WITH AN ASTERISK MUST BE FILLED IN AT ALL TIMES
Please allow 7-10 business days for processing.
*This is to certify to: (name of facility/school board/city
requesting a certificate-NOT the team's name) t �tj�•�`_` 11�\F_^Ji O�,�C,
*Address: 2u2� Uriv�121S� �c
that the following described policy(ies)or binder(s)in force at this date have been effected to cover as shown below:
Name of Insured: HOCKEY CANADA
801 King Edward Avenue, N204, Ottawa ON K1N 61\15
Name of Insured: WESTERN HOCKEY LEAGUE
Father David Bauer Arena, 2424 University Drive NW, Calgary AB T2N 3Y9
*Name of Association: W C� '_' (-y) k add e.0 ec
*Name of Team:
Name of Contact: Phone Number: LA03 -
E-mail:
*Description of Event(s): L 6_1 (J
*Location of the event(s): ( \
(name and address) tj 3� �'U�Q \,)CA —T-ci;,,,e A (�Z6(g s (A
Datecs)
* :
TYPE OF INSURER POLICY NO POLICY PERIOD *LIMIT OF INSURANCE(CANADIAN FUNDS)
INSURANCE
Commercial AIG Insurance 95053500 September 1st,2018 $5,000,000 General Liability Insurance
Liability company of Canada to
Insurance September 1st,2019
Please check if Liquor Liability is required --clays for cancellation notice(if required)
Please include a copy of your lease agreement. ❑ Please check if a copy of the lease agreement is attached
❑ Please check if additional list attached
*ADDITIONAL INSURED:
1. 4.
2. 5.
3. 6.
THE ABOVE ENTITIES WILL BE ADDED TO THE POLICY AS ADDITIONAL INSURED BUT ONLY WITH RESPECT TO THE OPERATIONS OF THE
NAMED INSURED DESCRIBED ABOVE. THE CERTIFICATE APPLIES TO THE MEMBERS AND AUTHORIZED PERSONNEL OF THE INSURED WHILE
OPERATING WITHIN THE SCOPE OF THEIR DUTIES AND APPLIES ONLY TO THE DATES OF THE EVENT AS MENTIONED ABOVE.
This certificate's request form has been approved by:
Executive Director or WHL Club representative
Kosen, Tanya
From: Hills, Chris
Sent: Friday, September 13, 2019 1:38 PM
To: Kosen, Tanya
Subject: Re:WHL Insurance form
I think, combined with the email, it's fine.
Chris
Sent from my iPhone
On Sep 13, 2019, at 2:24 PM, Kosen, Tanya <TKosen@kentwa.gov rote:
This is the only insurance I received from them. Is it okay?
From: Hills, Chris
Sent: Friday, September 13, 2019 12:18 PM
To: Kosen,Tanya <TKosen@kentwa.gov>
Subject: Re: WHL Insurance form
This is adequate, Tanya. You should attach this email along with the other insurance documents.
Thanks!
Chris
Sent from my iPhone
On Sep 13, 2019, at 11:44 AM, Kosen,Tanya <TKosen@kentwa.gov>wrote:
It feels like it's been forever since we talked about this. Can you tell me if this email is
adequate and should I attach it to the contract?
Thanks!
Tanya
From: Zach Hodder [mailto:hodderz@whl.ca]
Sent: Friday, September 13, 2019 8:19 AM
To: Kosen, Tanya <TKosen@kentwa.gov>
Subject: RE: WHL Insurance form
EXTERNAL EMAIL
Sorry about the delay,
Yes we can state what Chris Hills has requested in our insurance "Could WHL state that
any employees who are injured while at work are the responsibility of WHL's worker
safety program"
Zach
i
<image003.ipg>ZACH HODDER I Manager, Player Development
Western Hockey League
Father David Bauer Arena 1 2424 University Drive NW
Calgary, AB, T2N 3Y9
Direct: 403.693.3058 1 Cell: 403.923.9460
Email: hodderz@whl.ca I Website: www.whl.ca
From: Kosen,Tanya <TKosen@kentwa.gov>
Sent: September 12, 2019 9:35 AM
To:Zach Hodder<hodderz@whl.ca>
Cc: Kosen, Tanya <TKosen@kentwa.gov>
Subject: RE: WHL Insurance form
Hello Zach,
I haven't heard from you regarding the worker's safety question our Risk Manager had.
Are you still wanting to participate in the grant program? Let me know if you need
additional information.
Sincerely,
Tanya
From: Kosen,Tanya
Sent:Thursday, August 15, 2019 8:47 AM
To: 'hodderz@whl.ca' <hodderz@whl.ca>
Subject: FW: WHL Insurance form
Zach,
Below is the Risk Manager, Chris Hill's answer. Can you answer his question?
Sincerely,
Tanya
From: Hills, Chris
Sent: Wednesday, August 14, 2019 2:19 PM
To: Kosen, Tanya <TKosen@kentwa.gov>
Subject: RE: WHL Insurance form
Tanya,
Since they are Canadian, different rules apply. Could WHL state that any employees
who are injured while at work are the responsibility of WHL's worker safety program, or
something to that effect?
Worker Compensation is a US concept, which doesn't apply in Canada, though I'm very
sure that Canada has a keen interest in the safety of all its workers.
Chris
Chris Hills, ARM-P, CRM, Risk Manager
Risk Management Division I Human Resources Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5285 i Fax 253-856-6270
chills@KentWA.cLov
CITY OF KENT, WASHINGTON
KentWA.gov Facebook YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
2
From: Kosen,Tanya <TKosen@kentwa.gov>
Sent: Wednesday, August 14, 2019 1:40 PM
To: Hills, Chris<CHills@kentwa.gov>
Subject: RE: WHL Insurance form
Sorry, I should have attached the Exhibit B.
From: Kosen,Tanya
Sent: Wednesday, August 14, 2019 1:26 PM
To: Hills, Chris<CHills@kentwa.gov>
Subject: FW: WHL Insurance form
Chris,
Can you review this insurance issue?
Thanks!
Tanya
From: Zach Hodder [mailto:hodderz@whl.ca]
Sent: Wednesday, August 14, 2019 12:53 PM
To: Kosen, Tanya <TKosen@kentwa.gov>
Cc: Ron Robison <robisonr@whl.ca>; Greg Gardner<gardnerg@whl.ca>
Subject: WHL Insurance form
EXTERNAL EMAIL
Hi Tanya,
As per our conversation on the phone, my question is about Exhibit B:Insurance
Requirements for LTAC Grant Agreement. In Section A—Minimum Scope of Insurance—
the agreement states, "Consultant shall obtain insurance of the types below: 1.
Commercial General Insurance. 2. Workers Compensation.
I am looking for guidance on the Workers Compensation Insurance. We will only have
WHL staff working this event and will our Commercial Liability Insurance be sufficient?
Or will we need to pursue further insurance to cover the Minimum Scope of Insurance
stated in the agreement?
I have attached a Certificate of Insurance Request Form that we used for our 2019 U.S.
Prospects camp which took place in Irvine, California in April for your viewing as well.
Thank you for passing this question along. It was a pleasure speaking with you today and
I hope you have a great week.
Zach
<image004.ipg>ZACH HODDER I Manager, Player Development
Western Hockey League
Father David Bauer Arena 1 2424 University Drive NW
Calgary, AB, T2N 3Y9
3
Direct: 403.693.3058 1 Cell: 403.923.9460
Email: hodderz@whl.ca I Website: www.whl.ca
<WHL US Prospect Camp Special Event Insurance.pdf>
4