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HomeMy WebLinkAboutAG 18-055I RETURN TO: f 1\ dohncan EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: V NI/V1 Thr ORIGINATING STAFF PERSON: TAN1/4.... 17 V tKS- EXT: 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT O PROFESSIONAL SERVICE AGREEMENT O GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT O ORDINANCE O CONTRACT AMENDMENT (AG#): OTHER a krv ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL . PROJECT NAME: "--r- O1/U4 GV7A,Iti 4911"0 NAME OF CONTRACTOR: ADDRESS: E-MAIL: SIGNATURE NAME: TELEPHONE FAX: TITLE EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: N3dhe TOTAL COMPENSATION $ tXCet 112-030, (A") (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE O PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED O PROJECT MANAGER JRECTOR O RISK MANAGEMENT (IF APPLICABLE) rLAW 1. COUNCIL APPROVAL (IF APPLICABLE) :J I�/-d2-ice y-«-($ -Pet SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS O CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITI • / II ATE SIGNED ❑ DEPARTMENT IGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED :OMMENTS: Ig AG# DATE SENT: U"9 - / 1/7nIR CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway.com TOURISM GRANT SPONSORSHIP AGREEMENT FOR Western Washington Barbershop Chorus and Quartet Contest and Evergreen District International Preliminary Contest of the Barbershop Harmony Society This Tourism Grant Sponsorship Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Harmony Kings, a Washington -based non-profit organization ("Grantee"). The City and Grantee (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: HARMONY KINGS: Karl Kraber P.O. Box 3202 Federal Way, WA 98063 206-681-6403 kraberk@netzero.net CITY OF FEDERAL WAY: Tim Johnson 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2412 (telephone) (253) 835-2409 (facsimile) Timj ohnson@cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than April 30, 2018 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Grantee. 2. EVENT. 2.1 Event. The Grantee is producing the Western Washington Barbershop Chorus and Quartet Contest and Evergreen District International Preliminary Contest of the Barbershop Harmony Society, which will take place on April 20 and 21, 2018 (the "Event"). Grantee shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction at the Event, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Grantee warrants that it has the requisite training, skill, and experience necessary to execute the Event and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration, if required. The Grantee warrants it will provide execute the Event in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Grantee warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Grantee's representations to City. The Grantee shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend TOURISM GRANT AGREEMENT 1 3/2017 `CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway cont for one (1) year from the date such correction is completed and accepted by the City. The Grantee shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Grantee does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Grantee shall pay all costs incurred by the City in order to accomplish the correction. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Grantee fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In order to promote tourism and resulting economic activity, the City shall provide a sponsorship to the Grantee in an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Grantee agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B, the Grantee shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.3 Final Payment: Waiver of Claims. Grantee's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Grantee as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Grantee Indemnification. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. The City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid any of TOURISM GRANT AGREEMENT - 2 3/2017 CITY OF Federal Way these covenants of indemnification. CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Grantee agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Grantee, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Grantee agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Grantee's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Grantee's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Grantee's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Grantee shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Grantee shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Grantee's insurance policies are "claims made," Grantee shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. TOURISM GRANT AGREEMENT - 3 - 3/2017 4., Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Grantee in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Grantee may be grounds for immediate termination. All records submitted by the City to the Grantee will be safeguarded by the Grantee. The Grantee will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Grantee while performing the Work shall belong to the City upon delivery. The Grantee shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Grantee shall be delivered to the City. 9. BOOKS AND RECORDS. The Grantee agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Grantee shall be an independent contractor and that the Grantee has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Grantee sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Grantee, shall not be deemed to convert this Agreement to an employment contract. 10.2 Safety. Grantee shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Grantee shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Grantee shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Grantee shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Grantee shall, at its own TOURISM GRANT AGREEMENT - 4 3/2017 � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 10.3 Risk of Work. All work shall be done at Grantee's own risk, and Grantee shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Grantee, shall not be deemed to convert this Agreement to an employment contract. Even though Grantee is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Grantee may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Grantee's ability to perform the Services. Grantee agrees to resolve any such conflicts of interest in favor of the City. Grantee confirms that Grantee does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Grantee's selection, negotiation, drafting, signing, administration, or evaluating the Grantee's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Grantee or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Grantee shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Grantee nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall TOURISM GRANT AGREEMENT 5 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway.corn continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Grantee shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Grantee's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a TOURISM GRANT AGREEMENT - 6 - 3/2017 Pecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com counterpart of this Agreement shall be the "date of mutual execution" hereof. TOURISM GRANT AGREEMENT 7 3/2017 CITY OF 4.- Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: DATE: f �J 3/1 g ATTEST: ie Courtney, CMC, Cit APPROVED AS TO FORM: J. Ryan Call, City Attorney TOURISM GRANT AGREEMENT 8 3/2017 CITY OF '.. Federal Way HARMONY KINGS: By: Printed Name: g Title: %eep_,/L f DATE: STATE OF WASHINGTON ) _ ) ss. COUNTY OF CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway corn Olio this day personally appeare before me �Ar4 I ito me known to be the VIA i� of that executed the foregoing instrument, and acknowledged the said instrumen o be t� he`Tree and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this l�.day of `\•••\\```'" 1j11' �.. � ,YNN C� 1,1f� le O• T• A? •i r,, '� < r, • .v m; N, • , _ a, ,i A` s 1. G s 2 ` Op 111111\\\N�„ `1 #1,Ill � �,WASN`��.`— TOURISM GRANT AGREEMENT Notary's signature Notary's printed name Notary P . . lic in and fo the State of Washington. My commission expires Lf 1201 Z-1 9 3/2017 reiieral Way 1. Event. EXHIBIT "A" WORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Western Washington Barbershop Chorus and Quartet Contest and Evergreen District International Preliminary Contest of the Barbershop Harmony Society. 2. Work. The Grantee will present on April 20 and 21, 2018 a contest - the first stage of a series of competitions that leads to the International Barbershop Chorus and Quartet Championship to be held in Orlando, Florida in July 2018. Choruses and quartets from Washington, Oregon, Idaho, Montana, Alaska, British Columbia and Alberta are eligible to participate. The contest is open to open to the public 3. Publicity/Promotion. As acknowledgement of the grant support provided for the event or nonevent program, the City will receive the following: a. The right to produce and distribute a news release, including the name of the grant recipients, the name of the event or nonevent program, and details pertaining to the event or nonevent program. b. The right to display a City of Federal Way banner at the event site. c. Inclusion by sponsoring organization of the city logo and phrase, "Funded in part by a grant from the City of Federal Way lodging tax fund" in any printed materials and on sponsoring organization's website information regarding the event or nonevent program. d. Inclusion by sponsoring organization of the city's tourism website (www.visitfw.org) on any printed material and on sponsoring organization's website information regarding the event or nonevent program. e. Other promotional opportunities as agreed by the event/nonevent program's management and the City of Federal Way. TOURISM GRANT AGREEMENT - 10 - 3/2017 `CITY OF Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederalway com 1. Total Compensation. In consideration of the Grantee producing the Event and performing the Work, the City agrees to pay the Grantee a sponsorship in an amount not to exceed Two Thousand and No/100 Dollars ($2,000.00), calculated on the actual reimbursable reasonable expenses incurred by the Grantee pursuant to this Agreement; provided, however, that such costs shall be deemed reasonable in the City's sole discretion. The term "reimbursable expenses" shall mean those expenses used to promote tourism and economic activity within the City of Federal Way. 2. Method of Payment. In consideration of the Grantee performing the work, the City will pay the Grantee, Two Thousand and no/100 Dollars ($2,000.00) upon receiving a Post Event/Non Event Program Report and TEG Award Invoice, (EXHIBIT C). This report is required to be submitted no later than 60 days after the event's completion. The City agrees to reimburse the amount granted within 30 days after approving the Post Event/Non Event Program Report, that include invoices reconciling to the grant awarded for eligible expenditures made by the grantee for the purpose of organizing the event or nonevent program. All invoices must be submitted together with invoices (preferable the original) from all relevant vendors for services and products related to the event or nonevent program. Failure to submit the Post Event/Nonevent Program Report and TEG Invoice will prevent disbursement of any Tourism Enhancement Grant and will automatically disqualify applicants from all future TEG application submissions. TOURISM GRANT AGREEMENT - 11 - 3/2017 CITY OF Federal Way EXHIBIT "C" Tourism Enhancement Grant Post Event/Nonevent Program Report The Revised Code of Washington 67.28.1816 requires that all jurisdictions that collect lodging tax maintain project -specific reports detailing how the funds have been spent to promote tourism. By law, all lodging tax funds must be utilized only for the development and promotion of tourism activities for the jurisdiction where the tax was collected. A major portion of the city's report constitutes a compilation of all the Post- Event/Nonevent Program Reports submitted by the TEG grantees for each year. Each grant recipient is required to submit a Post Event/Nonevent Program Report and TEG Award Invoice. This report is required to be submitted within 60 days after the event/nonevent program's completion but no later than December 31St Failure to submit the Post Event/Nonevent Program Report and TEG Award Invoice pre-empts disbursement of any TEG award funds and will automatically disqualify the applicant from all future TEG application submissions. All sections must be completed or explained. If any section is left blank, the report is considered invalid and will be considered as incomplete to fulfill your grant requirement and no reimbursement will be made by the City. This report and other documentation are public records and will be made available for public inspection. The City shall have the right to access all records related to the event/non-event program and the use of the grant received within three years after the completion of the event/nonevent program. You may download the report via www.cityoffederalway.com\teg. Completed reports must be either e-mailed to Tim.Johnson@cityoffederalway.com or mailed/delivered to: 1 Tim Johnson Mayor's Office City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2412 Tourism Enhancement Grant Post Event/Nonevent Program Report Revised July 2016 Grant Instructions Overview Methods to Determine Attendance and Overnight Stays The State guidelines define a tourist as someone that travels 50 miles or more from their business or residence to attend an event. This is a 50 mile radius, not road miles driven. When submitting a Post Event/Nonevent Program Report, an applicant must provide information about attendance and overnight stays of spectators, participants and support staff, both the projected that was included in the application and then actual. Applicants must identify and illustrate how they used one or more of the following methods to determine the statistics that are required as identified in the application: Direct Count: This method includes an actual count of visitors using methods such as verbal/written survey, paid admissions or registrations, clicker counts at entry points, vehicle counts or number of chairs filled. A direct count may also include information collected directly from individual visitors, businesses, such as hotels, restaurants or tour guides, likely to be affected by an event. Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount certificates, brochures handed out, police requirements for crowd control or visual estimates. Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey: Information collected directly from individual visitors or participants in a non-random manner that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate: Estimate produced by computing known information related to the event or location. For example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). No matter which method an applicant uses, the applicant must provide information related to zip codes of the attendees, i.e., participants, spectators and support staff. Zip Code Survey In Section E, the Grantee will provide a zip code survey on a separate sheet which includes a list of attendees (spectators, participants, support staff) by zip codes, and if possible their corresponding city, state or country; the numbers of attendees from each zip code and percentage of attendees traveling over 50 miles to event. Tourism Enhancement Grant Post Event/Nonevent Program Report Revised July 2016 Instructions Continued: EXAMPLE: Results of Attendee Survey Zip Code City. State/Country Amount 74105 Tulsa, OK 2 92647 Huntington Beach, CA 1 92708 Santa Anna, CA 2 97007 Beaverton, OR 5 98001 Auburn 11 98003 Federal Way 27 98021 Bothell 2 98022 Enumclaw 4 98023 Federal Way/Auburn 38 98144 Seattle/Beacon Hill 2 98354 Milton 11 98373 Puyallup/South Hill 8 98390 Bonney Lake 11 98422 Tacoma 26 Total # of Audience Members 110 Total # of Musicians and Support Staff 40 Total in Attendance 150 Total # of Zip Codes 14 Total # of Survey Responses 150 Total # of Out -of -Area Responses 9 Percentage of Out -of -Town Audience 6% Submission of Post Event and/or Non Event Program Application "Post Event Report" and Invoice is due within 60 days of the implementation of your event. If the event is held with 60 days of the end of the calendar year, it cannot be later than December 31, for the Tourism Enhancement Grant. This is a requirement of the Grant. Failure to submit the Post Event/Nonevent Program Report and TEG Award Invoice pre-empts disbursement of any TEG award funds and will automatically disqualify the applicant from all future TEG application submissions. 3 Tourism Enhancement Grant Post Event/Nonevent Program Report Revised July 2016 The following page begins the Post Event/ Non Event Program Report 4 Tourism Enhancement Grant Post Event/Nonevent Program Report Revised July 2016 POST EVENT PROGRAM REPORT Organization Name: Event/Nonevent Program Name: Date(s) of Event (MM/DD/YYYY): Tourism Enhancement Grant Amount Awarded: $ Total Reimbursement Requested: $ OFFICE USE ONLY: TEG Award Cycle: January — June July - December Section A: Marketing/Media/Production Please describe how the money from the TEG was spent for marketing/media and/or production expenses to validate reimbursement. Include; dates, names of publications, radio/TV stations, websites, samples of marketing materials, samples of flyers/advertising, photos, invoices and receipts if applicable. Marketing/Media expenses: Production expenses: 5 Tourism Enhancement Grant Post Event/Nonevent Program Report Revised July 2016 Section B: Attendance Survey Provide a detailed breakdown of projected and actual attendance over the course of the event to validate reimbursement. As identified in the TEG Overview and Instructions as part of the application process all recipients were to identify one of the methods identified on the previous page to determine attendance. Identify and use to fill out the following: Section C: Overnight Stays Survey List the hotels/motels where your spectators, participants, and support staff stayed to validate reimbursement. See Grant Program Overview for more detail and methods to determine overnight stays. Attendees Date: Date: Date: TOTAL ATTENDEES Projected Actual Projected Actual Projected Actual Projected Actual Spectators Support Staff Participants TOTAL ROOM NIGHTS Support Staff TOTAL ATTENDEES Section C: Overnight Stays Survey List the hotels/motels where your spectators, participants, and support staff stayed to validate reimbursement. See Grant Program Overview for more detail and methods to determine overnight stays. Attendees Hotel / Motel Name Room Nights Spectators Participants Support Staff TOTAL ROOM NIGHTS 6 Tourism Enhancement Grant Post Event/Nonevent Program Report Revised July 2016 Section D: Combined Attendance and Overnight Stays Provide information of where attendants traveled from and their room nights (total number of rooms for their entire stay) during the event to validate reimbursement. If possible, include actual hotel count sheets with your report. Attendees Local (less than 50 miles) Regional (Western WA greater than 50 miles) Statewide Multi -States (Western US) National International TOTAL Spectators Room nights Room nights Room nights Room nights Room nights Room nights Participants Room nights Room nights Room nights Room nights Room nights Room nights Support Staff Room nights Room nights Room nights Room nights Room nights Room nights TOTAL Total Actual Attendees (from Section B) Section E: Zip Code Survey Total Actual Overnight Stays (from Section D) On a separate sheet, provide attendees zip codes, city, and state or country, and amount of attendees from each zip code for the event to validate reimbursement. See Grant instruction Overview for details and example. Section F: Budget On a separate sheet, submit a budget with final revenues and expenditures for the event/nonevent program. Include copies of all relevant vendor invoices/receipts for expenses, services and products, cash count sheets, ticket sale tallies, credit/debit deposit reports, other grants/sponsorships and any other relevant revenues or expenses. 7 Tourism Enhancement Grant Post Event/Nonevent Program Report Revised July 2016 Section G: Award Invoice Please submit an itemized invoice/receipt (preferably the original) for each item to validate reimbursement. The total should be equal to the TEG amount awarded. Submit within 60 days of event/nonevent program. Item Amount $ Total (equal to or less than awarded amount) $ Tourism Enhancement Grant Post Event/Nonevent Program Report Revised July 2016 The undersigned certifies the information provided above is true and accurate, and use of the TEG funds has been in accordance to the grant conditions. Applicant's Signature: Applicant's Printed Name: Applicant's Title: Date: Email: Phone Number: 9 Tourism Enhancement Grant Post Event/Nonevent Program Report Revised July 2016