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HomeMy WebLinkAboutCAG2023-400 - Original - Game Time Events - King ShowCase: High School Basketball Talent Showcase - 07/14/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Rhonda Bylin ECD Date Sent: Date Required: c 07/11/2023 7/13/2023 Q Authorized to Sign: Date of Council Approval: Q Q QMayororDesig- 16 nee June 20, 2023 Budget Account Numbe Grant? Yes No❑ 13001315.64190.1270 Budget? Yes❑No Type: Local 16 Vendor Name: Category Game Time Events Grant: Non-Real Property Vendor Number: Sub-Category: 90602 Original 0 Project Name: King ShowCase - High School Basketball Talent Showcase cProject Details: Held January 2024 at accesso ShoWare - insurance certificate will r_ be provided prior to event. c AgreementAmount• 10000 Basis for Selection of Contractor: E *Memo to Mayor must be attached >s Start Date: 7/1 3/2023 Termination Date: 12/31/2024 Q Local Business?❑Yes Fv—(]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes❑In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? Contract Number: ❑Yes❑No CAG2023-400 Comments: vt 3 � a1 C C Vf 0 f •� J �c Date Received:City Attorney: 7/11/23 Date Routed:Mayor's Office City Clerk's Office adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 40 Lodging Tax Grant Agreement Z�, NT VJAS H'hC IUH 1. Parties. This agreement is entered into by and between the City of Kent, a Washington municipal corporation (hereinafter the 'City"), and Game Time Events, a 501 (c) 3 (hereinafter the "Recipient"), located at 6426 Radiance Boulevard, 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 Ten Thousand and no/100 Dollars ($10,000) 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, including failure in performance due to acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government, to use the lodging tax revenue as required herein or by applicable law, or fails to perform Page 1 of 5 Lodging Tax Grant Agreement 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.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. 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, 2024, 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. Page 2 of 5 Lodging Tax Grant Agreement 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 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. 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. (Remainder of Page left blank intentionally) Page 4 of 5 Lodging Tax Grant Agreement RECIPIE T: CITY OF KENT: By: l gr`: °, (signature) { Jgr+at re} Print Na : Steve Turcotte Print Name: Dana Ral h Its Executiv Director Its_ Mayor title Date: 1 Date: 07/14/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Michelle Wilmot, Economic Development Steve Turcotte Manager Game Time Events City of Kent 6426 Radiance Boulevard E 220 Fourth Avenue South Fife, WA 98424 Kent, WA 98032 206-240-9029 (telephone) 253-856-5709 (telephone) APPRO. EQ AS TO FORM: /'-' /'0 ._.-/f i L-- r _rit Law Depa gent ATTEST: k�� kwk Kent Cit Clerk Page 5 of 5 Lodging Tax Grant Agreement Exhibit A — Scope of Work King Showcase High School Basketball Exhibition Goals To show that the city of Kent is home to some of the top high school basketball to be found in Pacific Northwest. To bring in teams from out of the area where they can stay in local hotels and taste what the restaurants of Kent have to offer during their stays for the event. To showcase the ShoWare Center as a terrific place for high school basketball-for the players and the fans and the coaches. Outcomes/ Deliverables With the leading high school basketball event during the regular season,to show that basketball is good business in the city of Kent. Estimated Completion Date Fundraising and scheduling is underway for the 2023-24 season for the King Showcase and our other four events- plus the 3 on 3 shootout.The events will start in August and run through December and January. Success Measures Over 3,000 basketball fans are expected to be in attendance at the King Showcase event Over 800 players and family and friends will be in attendance at the 3 on 3 Shootout at the ShoWare Center Outline the timeline and milestones for project completion into a list. Include dates and expectations for key activities. August 2023 -3 on 3 Shootout December- Four high school showcase events Jan. 15, 2024- King Showcase at the ShoWare Center What is the projected overall attendance at your proposed event/activity? 10 Word Limit, number or 3,000 range acceptable What is the projected number of attendees who will stay in Kent overnight in paid accommodations? 10-50 26. Additional Forms If your application is awarded a grant,these forms are required for contracting purposes. To expedite the process, please submit the following forms to LTAC@KentWA.gov: • Vendor Form for Grant Recipient (PDF) • Form W-9 (PDF) • Copy of Current Insurance Certificate. While not required at time of application,grant awardees must obtain levels of insurance prescribed in Insurance Requirements for LTAC Grant Agreement (PDF) You may also submit any supporting documentation (presentations, reports, links, etc) to LTACCcDKentWA.eov. Be sure to note the name of your organization and activity/project referenced in your application in the email subject line. Keep the size of each email,with attachments,to less than 10 MB. 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 From: LTAC(&KentWA.aov To: Wilmot,Michelle; Lodging Tax Advisory Committee; Ellis,William; Bvlin,Rhonda; Kosen,Tanya Subject: LTAC Grant Application Date: Friday,March 31,2023 3:20:37 PM EXTERNAL EMAIL A new entry to a form/survey has been submitted. Form Name: LTAC Grant Application-Spring 2023 Date&Time: 03/31/2023 3:20 pm Response#: 45 Submitter ID: 38279 IP address: 2601:603:c80:f5bO:7c98:cOfd:aad9:83f3 Time to complete: 16 min., 2 sec. Survey Details Page 1 General Information This grant application period is for activities and projects in 2023-2024. Lodging Tax grant applications are submitted electronically and must be received by midnight on Friday,March 31, 2023.If for some reason you're unable to submit the application online,please send your application and any possible attachments to LTAC(@KentWA.gov. Incomplete and/or late applications will not be considered. All applications received become public records. 1. Title of the Event/Activity 10 Word Limit King Showcase 2. Proposed Location,Event/Activity,if applicable ShoWare Center 3. Grant Amount Requested (Whole numbers,no 10000 punctuation,ex.400, 2000...) 4. Total Project Cost (Whole numbers,no 50000 punctuation,ex.400, 2000...) 5. Name of Organization 10 Word Limit Game Time Events Please ensure the individual listed below is authorized to sign financial contracts on behalf of your organization. 6. First and Last Name Steve Turcotte 7. Title Promoter 8. Mailing Address 6426 Radiance Blvd E Fife,WA 98424 9. Phone 206-240-9029 10. Email sdtu rcotte @ comcast.net 11. Federal Tax ID Number 601 320-256 Event/Activity Information This information will be referenced by the Lodging Tax Advisory Committee during the grant application review period. Keep your responses within the word limits.(You might consider drafting responses in a word processor and copying to the online form). Portions of responses exceeding the word limit may not be considered. 12. Check all categories that apply to this application: [x] Marketing and/or operation of a special event or conference designed to attract leisure or business travelers 13. Describe your business or leisure travel-related activity or event and target audience.What methods will you use to promote your project/event to business and leisure travelers(ex.mailings,advertising, social media,etc)? 250 Word Limit Game Time Events has been in the event promotion business for over 15 years.We promote basketball and golf events in the Puget Sound area.We are staging our 14th annual Martin Luther King Jr.Showcase at the ShoWare Center on Jan. 15, 2024 and bringing in a variety of local high school girls and boys teams plus some teams from out of state and out of the area.We will use social media and other avenues to promote the event.And we will get the out of area teams to all stay at local hotels to help promote Kent as a destination for sporting events.We have a facebook page,twitter account and Instragram to help promote the event. 14. How does your project/event promote a positive image for Kent as business or leisure destination? 250 Word Limit Since this will be our 14th annual King Showcase event at the ShoWare Center,we have driven the positive image for Kent since we started.We have brought in out of town teams who love the facility and enjoy the hotels and restaurants when they visit with their family and friends.We will also be putting on our annual 3 on 3 Shootout in August,which will also draw in out of area people for hotel stays and restaurant needs. 15. What kind and degree of partnership does the project/event exhibit(volunteer involvement, interjurisdictional,corporate,business and/or civic organization support)? 250 Word Limit We have worked with the city through the years on the King Showcase and the 3 on 3 Shootout to promote the value of the events to the local residents and basketball fans throughout the area. 16. Applicants are encouraged to seek multiple sources of revenue.What other revenue sources will be used to support this project/event? Are you applying for Lodging Tax Funds from another municipality? If yes,list the other jurisdiction(s)and amount(s)requested. 250 Word Limit For years Game Time Events has depended on sponsorships to make the events go.We put on five high school showcase events in the area with the King Showcase event our highlighted event every year.We also put on our annual 3 on 3 shootout in August in which we raise even more sponsorship funds.We are not applying for lodging tax funds from any other municipality. 17. If only partial funding is available,can the project/event be modified and still continue? Please explain how. 250 Word Limit If we only have partial funding,the event will go on but we might be able to accommodate the out of town teams and their needs for hotel room nights and restaurant assistance. But we will go out and raise what we need to in order to make everything work. For over 10 years,we have been able to put on the best high school showcase event in the area at the ShoWare Center.And the best 3 on 3 event in the Puget Sound area as well. 18. Is this funding request for a new project/event or to continue or expand an ongoing project/event? If the proposal is associated with an existing project/event-in operation for more than three years-it must be for expansion or enhancements that are clearly defined or measurable. Please describe. 250 Word Limit The funding is for a project that has been on going for over 10 years.We started the King Showcase over 10 years ago and we are trying to expand it by bringing in more out of area teams. For the 2024 event we have commitments from the state champions in Oregon for boys and girls. Plus some of the top teams well north of Seattle and east of Seattle. Scope of Work This information will be used to generate a one-page Scope of Work for contracting purposes if your event/activity is awarded funds. Please summarize your responses into bulletized lists within the prescribed word limits. Each point should reference key objectives or milestones. 19. Goals Bullet 1-30 Word Limit To show that the city of Kent is home to some of the top high school basketball to be found in Pacific Northwest. Bullet 2-30 Word Limit To bring in teams from out of the area where they can stay in local hotels and taste what the restaurants of Kent have to offer during their stays for the event. Bullet 3-30 Word Limit To showcase the ShoWare Center as a terrific place for high school basketball-for the players and the fans and the coaches. Bullet 4-30 Word Limit Not answered Bullet 5-30 Word Limit Not answered 20. Outcomes/Deliverables Bullet 1-30 Word Limit With the leading high school basketball event during the regular season,to show that basketball is good business in the city of Kent. Bullet 2-30 Word Limit Not answered Bullet 3-30 Word Limit Not answered Bullet 4-30 Word Limit Not answered Bullet 5-30 Word Limit Not answered 21. Estimated Completion Date Bullet 1-30 Word Limit Fundraising and scheduling is underway for the 2023-24 season for the King Showcase and our other four events-plus the 3 on 3 shootout.The events will start in August and run through December and January. 22. Success Measures Bullet 1-30 Word Limit Over 3,000 basketball fans are expected to be in attendance at the King Showcase event Over 800 players and family and friends will be in attenance at the 3 on 3 Shootout at the ShoWare Center Bullet 2-30 Word Limit Not answered Bullet 3-30 Word Limit Not answered 23. Outline the timeline and milestones for project completion into a list. Include dates and expectations for key activities. 250 Word Limit August 2023-3 on 3 Shootout December-Four high school showcase events Jan. 15,2024-King Showcase at the ShoWare Center 24. What is the projected overall attendance at your proposed event/activity? 10 Word Limit,number or 3,000 range acceptable 25. What is the projected number of attendees who will stay in Kent overnight in paid accommodations? 10 Word Limit,number or 250 range acceptable 26. Additional Forms If your application is awarded a grant,these forms are required for contracting purposes. To expedite the process,please submit the following forms to LTAC(@KentWA.gov: • Vendor Form for Grant Recipient(PDF) • Form W-9(PDF) • Copy of Current Insurance Certificate. While not required at time of application,grant awardees must obtain levels of insurance prescribed in Insurance Requirements for LTAC Grant Agreement(PDF) You may also submit any supporting documentation(presentations,reports,links,etc)to LTACPKentWA.gov. Be sure to note the name of your organization and activity/project referenced in your application in the email subject line. Keep the size of each email,with attachments,to less than 10 MB. 27. 1 am an authorized agent of the nonprofit and/or public organization/agency applying for funding. I understand that: • If awarded, my organization will enter into a contract with the City of Kent and provide liability insurance for the duration of the contract naming the City as an additional insured. • Half of the grant funds,unless otherwise specified,will be provided once the contract is executed.The remaining half will be reimbursed after the activity/event and a signed reimbursement invoice,copies of receipts over$100 have been submitted to the City,as well as a report documenting economic impact results in a format determined by the City. The certification field is required and cannot be left blank. [x] Thank you, City of Kent This is an automated message generated by Granicus.Please do not reply directly to this email.