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HomeMy WebLinkAboutCAG2024-110 - Original - Game Time Events - King Showcase: High School Basketball Talent Showcase - 03/07/2024 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: 0 02/22/2024 2/28/2024 Q Authorized to Sign: Date of Council Approval: Q Q Mayor or Designee February 20, 2024 Budget Account Numbe Grant? Yes NoE] 13001315.64190.1270 Budget?[Z]YesE]No Type: Local 16 Vendor Name: Category Game Time Events Grant: Non-Real Property Vendor Number: Sub-Category: 90602 Original 0 4-0 Project Name: King ShowCase - High School Basketball Talent Showcase cProject Details: to be Held January 2025 at accesso ShoWare - COI will be r_ updated prior to this event - currently expires in 9/2024 c Agreement • �20,QQQ Basis for Selection of Contractor: E __ *Memo to Mayor must be attached Start Date: 03/07/24 Termination Date: 12/31/2025 Q Local Business? Yes F,/—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol 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: F—]YesF—]No CAG 2024- 110 Comments: vt 3 a1 C C Vf 3 O DC DC Date Received:City Attorney: 2/22/24 Date Routed:Mayor's Office 3/4/24 City Clerk's Offi!3/8/2§41 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 Twenty Thousand and no/100 Dollars ($20,000) 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, 2025, 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 RECIPIENT: CITY OF I(ENT: By By (signature} [signature) Print Name: Steve Turcotte Print Name: Dana Ral h Its Executive Director Its M yvr {ti Date: e}_ � Date:_ 03/07 m4 NOTICES TO BE SENT TO: NOTICES TO 6E 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) APPROI I' D AS TO FORM: K'e ri 'Law Depart nt ATTEST: Kent Cit Cler 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 2024-25 season for the King Showcase. Success Measures Over 3,000 basketball fans are expected to be in attendance at the King Showcase event Outline the timeline and milestones for project completion into a list. Include dates and expectations for key activities. Jan. 20, 2025 - 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? 75 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 ,acoRO® CERTIFICATE OF LIABILITY INSURANCE DATE(M 09/13/23YYY) 3/23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mass Merchandising K&K Insurance Group, Inc. PHONE,Ext: 1-800-426-2889 FAX No: 1-260-459-5105 1712 Magnavox Way E-MAIL Fort Wayne IN 46804 ADDRESS: info@sportsinsurance-kk.com PRODUCER CUSTOMER ID: INSURER(S)AFFORDING COVERAGE NAIC# INSURED 10187802 CP#139 INSURER A: Nationwide Mutual Insurance Company 23787 Game Time Events INSURER B: 6426 Radiance Blvd. E. INSURER C: Fife,WA 98424 INSURER D: A Member of the Sports, Leisure&Entertainment RPG INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2002829994 09/13/2023 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 6BRPG0000007886100 09/15/23 09/15/24 EACH OCCURRENCE $1,000,000 CLAIMS-MADE�OCCUR 12:01 AM 12:01 AM DAMAGE TO RENTED $1,000,000 PREMISES Ea Occurrence MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY PROJECT❑LOC PRODUCTS—COMP/OP AGG $1,000,000 OTHER: PROFESSIONAL LIABILITY LEGAL LIAB TO PARTICIPANTS AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT(Ea accident ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident Not provided while in Hawaii UMBRELLA OCCUR LIAB EACH OCCURRENCE EXCESS LIAB LCLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION N/A PER STATUTE OTHER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/ Y/N E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory in NH) E.L.DISEASE—EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE—POLICY LIMIT MEDICAL PAYMENTS FOR PARTICIPANTS PRIMARY MEDICAL EXCESS MEDICAL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Event Name:Puget Sound Showdown Event Type:HS Basketball Event Dates:09/15/23-9/17/23 Event Location:Auburn Riverside High School Event Name:Mastercraft Electric Tipoff Classic Event Type:HS Basketball Event Dates: 12/02/23 Event Location:Auburn Riverside High School See Attached Additional Remarks Schedule: CERTIFICATE HOLDER CANCELLATION Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �r ©1988-2015 ACORD CORPORATION. All rights reserved. Coverage is only extended to U.S.events and activities. "NOTICE TO TEXAS INSUREDS:The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10187802 LOC# ACORD, ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED CP#139 K&K Insurance Group, Inc. Game Time Events 1712 Magnavox Way 6426 Radiance Blvd. E. Fort Wayne IN 46804 Fife,WA 98424 POLICY NUMBER 6BRPG0000007886100 CARRIER NAIC CODE EFFECTIVE DATE: Nationwide Mutual Insurance Company 23787 1 09/15/23 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD_25 FORM TITLE: Certificate of Liability Insurance Event Name:Les Schwab Showdown Event Type:HS Basketball Event Dates: 12/09/23 Event Location: High College Event Name:Sefrco Showcase Event Type:HS Basketball Event Dates: 12/16/23 Event Location:Tahoma High School Event Name:Cloud 9 Christmas Classic Event Type: HS Basketball Event Dates: 12/30/23 Event Location: Kennedy Catholic HS Event Name:King Showcase Event Type: HS Basketball Event Dates:01/13/24 Event Location:Showare Center ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD