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AG 23-160 - HARMONY KINGS OF FEDERAL WAY S.P.B.S.Q.S.A
RETURN TO: Kathy Horne EXT: 2403 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Economic Development 2. ORIGINATING STAFF PERSON: Tanja Carter EXT: 2412 3. DATE REQ. BY: 07/07/2023 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT A. PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL X OTHER Tourism Enhancement Grant 5. PROJECT NAME: 2023 Evergreen District Chorus & Quartet Contest 6. NAME OF CONTRACTOR: Harmony Kings of Federal Way S.P.B;S.Q.S.A. ADDRESS: 2524 SW 300th PL, Federal Way, WA 98023 TELEPHONE 253-951-9650 E-MAIL: skyway@nwlink,com FAX: SIGNATURENAME: Emil Ml ekh TITLE. President 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES X COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: Upon Signature COMPLETION DATE: 12-31-23 9. TOTAL COMPENSATION $ 5,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ® NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ID NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ID RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER A DIRECTOR TC 06/30/23 ❑ RISK MANAGEMENT (IF APPLICABLE) M LAW jrc 7/5/23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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.) INITIAL/DATE IGNED W' DEPARTMENT ►SIGNATORY (MAYOR OR DIRECTOR) T ❑ CITY CLERK ❑ ASSIGNED AG# t COMMENTS: 2M— 17 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cryoffederafway com TOURISM GRANT SPONSORSHIP AGREEMENT FOR 2023 EVERGREEN DISTRICT CHORUS AND QUARTET CONTEST This Tourism Grant Sponsorship Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Harmony Kings of Federal Way S.P.E.B.S.Q.S.A., a Washington nonprofit corporation ("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 OF FEDERAL WAY S.P.E.B.S.Q.S.A.: Emil Minerich 3782 Olympic Blvd W University PI W 98466-1412(206) 941-5890 (telephone) com The Parties agree as follows: CITY OF FEDERAL WAY: Tanj a Carter 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2412 (telephone) (253) 835-2409 (facsimile) tanj a.carter(a-),cityoffederalway.com 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 December 31, 2023 ("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 2023 Evergreen District Chorus and Quartet Contest which will take place on October 19th through 21 st, 2023 (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 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 TOURISM GRANT AGREEMENT - 1 - 4/2023 CITY Of CITY HALL At Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederatway com 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 -A ra riation 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 these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee TOURISM GRANT AGREEMENT - 2 - 4/2023 ,*,4SCITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffedera/way com 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 $2,000,000 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 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 - 4/2023 clxr OF CITY HALL Fec! a ra Way8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 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 expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for TOURISM GRANT AGREEMENT - 4 - 4/2023 GIFr OF CITY HALL ,4S Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaiway com 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. EQt)AL 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 continue in full force and effect and no further assignment shall be made without additional written consent. TOURISM GRANT AGREEMENT - 5 - 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 in 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 counterpart of this Agreement shall be the "date of mutual execution" hereof. TOURISM GRANT AGREEMENT - 6 - 4/2023 Aft Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffedera/way com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Fe 94yor DATE: ATTEST: SohJnie Courtney, CM ity Clerk APPROVED AS TO FORM: o' J. yan Call, City Attorney HARMONY KINGS OF FEDERAL WAY S.P.E.B.S.Q.S.A.: e � , By: Printed Name:d11 C Title: � S DATE: _ 1 — a C% �4 3 STATE OF WASHINGTON ) ) ss. COUNTY OF ' n ] OA this day personally appeared before me i6AA i i At J ter �4 k , to me known to be the n of Harmony Kings of Federal Way S.P.E.B.S.Q.S.A that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN any hand and official seal this day of ` 2023. Notary's signature Notary's printed name 0? ft=5: Notary Public in and for the rate of Washington. �,Q My commission expires*VC9y-- 00 NOWY � of %:&hftto„ M Appaktnw� Ugfte Ogr*iaf4 UVW Anin T4wrther 2101 SM TOURISM GRANT AGREEMENT - 7 - 4/2023 CITY OF CITY HALL �� 33325 8th Avenue South Federal Way, WA 98003-6325 Fe d ra I Way (253) 835-7000 www cityoffederalway com EXHIBIT "A" L'Aill., . 1. Event. 2023 Evergreen District Chorus and Quartet Contest to be held at the Performing Arts and Events Center in Federal Way 2. Work. The Grantee will present October I91h through 215Y, 2023, a contest of choruses and quartets. Choruses and quartets from the entire Evergreen District of the Harmony Society encompassing, Washington, Oregon, Idaho, Montana, Alaska, British Columbia, and Alberta are eligible to participate. The contest is open to the public. 3. Publicity/Promotion. All publicity and promotional materials including, but not limited to brochures, press releases, programs, posters, public service announcements, flyers and advertisements, shall credit the City of Federal Way for its support of this project. The Grantee agrees to allow its name and information regarding the professional background and expertise of the Grantee, including titles and information about published works to be used for pre -event marketing and promotional purposes. 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 non-event program, and details pertaining to the event or non-event 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 non-event 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 non-event program. e. Other promotional opportunities as agreed by the event/non-event program's management and the City of Federal Way. TOURISM GRANT AGREEMENT - 8 - 4/2023 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT "B" COMPENSATION 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 Five Thousand and NO/100 Dollars ($5,000.00), 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, Five Thousand and No/100 Dollars ($5,000.00), upon receiving a Post Event/Non-Event Program Report and TEG Award Invoice. 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 and its corresponding advertising of the event. All invoices must be submitted together with invoices (preferable the original) from all relevant vendors for services and products related to the Event or Non -Event program. Failure to submit the Post Event/Non-Event Program Report and TEG Invoice will prevent disbursement of any Tourism Enhancement Grant and may disqualify applicants from future TEG awards. TOURISM GRANT AGREEMENT - 9 - 4/2023 BUSINESS INFORMATION Business Name: THE HARMONY KINGS OF FEDERAL WAY S.P.E.B.S.Q.S.A. UBI Number: 601 807 187 Business Type: WA NONPROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 1620 159TH STREET CT E, TACOMA, WA, 98445-3326, UNITED STATES Principal Office Mailing Address: 1620 159TH STREET CT E, TACOMA, WA, 98445-3326, UNITED STATES Expiration Date: 06/30/2024 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 06/12/1979 Period of Duration: PERPETUAL Inactive Date: Nature of Business: FRATERNAL Charitable Corporation: R Nonprofit EIN: 91-8056158 Most Recent Gross Revenue is less than $500,000: R Has Members: Public Benefit Designation: R Host Home: REGISTERED AGENT INFORMATION Registered Agent Name: RAMONA BALINT Street Address:- - 1620 159TH STREET CT E, TACOMA, WA, 98445-3326, UNITED STATES Mailing Address: 1620 159TH STREET CT E, TACOMA, WA, 98445-3326, UNITED STATES GOVERNORS Title GOVERNOR GOVERNOR GOVERNOR GOVERNOR Governors Type Entity Name First Name Last Name INDIVIDUAL KAREN CALDWELL INDIVIDUAL LANNY GLEASON INDIVIDUAL EMIL MINERICH INDIVIDUAL RAMONA BALINT Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: THE HARMONY KINGS OF FEDERAL WAY S.P.E.B.S.Q.S.A. Business THE HARMONY KINGS OF FEDERAL WAY name: Entity type: Nonprofit Corporation UBI #: 601-807-187 Business ID: 001 Location ID: 0002 Location: Closed Location address: 3782 OLYMPIC BLVD W UNIVERSITY PLACE WA 98466-1412 Mailing address: 3782 OLYMPIC BLVD W UNIVERSITY PLACE WA 98466-1412 Excise tax and reseller permit status: Click here Secretary of State status: Click here Governing People May include governing people not registered with Secretary of State Governing people BALINT, RAMONA Governing people CALDWELL, KAREN GLEASON, LANNY MINERICH, EMIL Registered Trade Names Registered trade names status FEDERAL WAY HARMONY Active KINGS THE DAYTIME 4 PLUS Active MORE Title First issued Apr-22-2020 Oct-16-2006 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/3/2023 11:18:11 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported v COR 7 0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/23/2023 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 terns 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 NAMITAIT E: Kelly Johnston Arthur J. Gallagher Risk Management Services, LLC PHONE FAX Creekside Crossing [AI4 N!; • 615-661-7500 , Na : 615-377-5101 8 Cadillac Drive Suite 200 AD E'LSS. Kali Johnston .cam Brentwood TN 37027 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A-, Philadelphia Indemnity Insurance CompanyCompaDy 18058 INSURED SAMHAR42 INSURER B : S.P.E. B.S.Q. S.A. Barbershop Harmony Society INSURER C INSURERD: 110 7th Avenue North INSURERE: Nashville TN 37203 INSURER P COVERAGES CERTIFICATE NUMBER* 11852716" 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. 1NSR TYPE OF INSURANCE iADDL SUBR POLICY NUMBER POLICY EFF POLICDY EXPLTR LIMBS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR PHPK2502190 1/1/2023 1/1/2024 EACH OCCURRENCE $1,000,000 DAMAGE PREMISES iEa occurrence $1,000.000 MED EXP (Any one n) $ 5,000 PERSONAL SADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY jE T LOC OTHER: GENERAL AGGREGATE $ 3.000,000 PRODUCTS - COMP/OP AGG $ 3 000.000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIREDAUTOS ONLY X AUTOS ONLY PHPK2502190 1/1/2023 1/1/2024 COMBEa acIcideNEDnt5INGLF-LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Perr dem S $ $ A X UMBRELLA IUAB EXCESS LIAB X OCCUR CLAIMS -MADE PHUBB45631 1/1/2023 1/1/2024 EACH OCCURRENCE $2,000,000 AGGREGATE $ 2,000,000 i I DED I X I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNERIEXECUTIVE ❑ OFFICERIM EMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 1PER TAT ER E.L. EACH ACCIDENT $ E.L DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT J $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attacked H more apace Is required) Certificate Holder is included as additional insured when required by written contract as respects to general liability policy (per form PI-AS-009 (04/04). Waiver of Subrogation applies to General Liability coverage when required by written contract (per form CG 24 04 05 09). Subject to all of the terms, conditions, exclusions and definitions of the above referenced policies as issued by the carrier(s). Win y iEl i it 1,9.10 y. LV1 R•J mila w1-1►LR-INIEF-[1lTJ► SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Proof of Coverage AUTHORIZED REPRE S ENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD PI-AS-009 (04104) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy. Throughout this endorsement the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and 'bur' refer to the Company providing this insurance. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. A. Supplementary Payments —Bail bonds increased to $2, 500/Loss of earnings increased to $500 each day; B. Tenant's Legal Liability — for Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers - Limit increased to $300,000, C. Broadened Definition of Who is An Insured, D. Amended Duties In The Event Of Occurrence, Claim Or Suit; E. Broadened Definition of Advertising Injury - includes Televised Or Videotaped Publication; F. Amended Definition of Bodily Injury to include Mental Anguish; G. Broadened Definition of Personal Injury - includes Abuse of Process/Discrimination; H. Amended Unintentional Failure To Disclose Hazards, L Amended Liberalization Clause, J. Added Employee Indemnification Defense Coverage — We will pay up to $25, 000 in defense costs for an "employee" in a criminal proceeding (subject to established criteria); K. "Property Damage" - Removed Exclusion for "Property damage" resulting from the use of reasonable force to protect persons or property; L. Added Blanket Additional Insured - Funding Source; M. Added Blanket Additional Insured - Managers or Lessors of Premises; N. Non -owned Watercraft - Coverage length is increased to 58 ft. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-AS-009 (04/04) A. Supplementary Payments In the SUPPLEMENTARY PAYMENTS — COVERAGES A AND B provision. 1. The limit for the cost of bail bonds is changed from $250 to $2,500; and 2. The limit for loss of earnings is changed from $250 a day to $500 a day. B. Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; b. SECTION III — LIMITS OF INSURANCE, Paragraph 6.; c. SECTION V — DEFINITIONS, Paragraph 9.a. 2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the words "Fire insurance" are changed to "insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance. 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $300,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. C. Who is An Insured SECTION II — WHO IS AN INSURED is changed as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read: Coverage under this provision is afforded until the end of the policy period. D. Duties In The Event Of Occurrence, Claim Or Suit 1. In SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2.a., the requirement that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to: a. You, if you are an individual; Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission PI-AS-009 (04/04) b. A partner, if you are a partnership; or c. An executive officer or insurance manager, if you are a corporation. 2. In SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2.b., the requirement that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An executive officer or insurance manager, if you are a corporation. E. Advertising Injury — Televised Or Videotaped Publication 1. In SECTION V — DEFINITIONS, Items 14. (d), (e), (f) and (g) are changed to read: d. Oral, written, televised or videotaped publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised or videotaped publication of material that violates a person's right of privacy; f. Missappropriation of advertising ideas or style of doing business; or g. Infringement of copyright, title or slogan. 2. In SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, Subsection 2. Exclusions, Paragraphs b. and c. are changed to read: b. "Personal and advertising injury" arising out of oral, written, televised or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. "Personal and advertising injury" arising out of oral, written, televised or videotaped publication of material whose first publication took place before the beginning of the policy period. F. Bodily Injury — Mental Anguish In SECTION V — DEFINITIONS, Paragraph 3. is changed to read: "Bodily Injury" a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. G. Personal Injury — Abuse Of Process/Discrimination If Personal and Advertising Injury Liability Coverage (Coverage B.) is not otherwise excluded fromthis Coverage Part: Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-AS-009 (04/04) In SECTION V — DEFINITIONS, the definition of "personal and advertising injury" (Paragraph 14.) is changed by: 1. Revising Item b. of that definition to read: Malicious prosecution or abuse of process; 2. Adding the following: "Personal and advertising injury" also means discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; or b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; or c. Directly or indirectly related to the sale, rental, lease or sub -lease or prospective sales, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The insurance afforded by G.2. above does not apply to fines or penalties imposed because of discrimination. H. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. I. Liberalization If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. J. Employee Indemnification Defense Coverage Under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B the following is added: We will pay on your behalf defense costs incurred by an "employee" in a criminal proceeding. However, you must have a prior written agreement with such "employee" whereby you agree to indemnify the "employee" for such defense costs and the agreement includes a provision for repayment of defense costs in the event of an adverse judgment. The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the number of "employees," claims or "suits" brought or persons or organizations making claims or bringing "suits." Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-AS-009 (04/04) K. Extended "Property Damage" SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted and replaced by the following: a. Expected or Intended Injury "Bodily injury"or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. L. Additional Insured — Funding Source Under SECTION 11— WHO IS AN INSURED the following is added: Any person or organization with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. M. Additional Insured — Managers or Lessors of Premises Under SECTION II — WHO IS AN INSURED the following is added: Any person or organization with respect to their liability arising out of the ownership, maintenance or use- of that part of the premises leased to you subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. N. Non -owned Watercraft SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is amended to read as follows: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge. This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: PHPK2502190 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any Person or organization where required by written contract that was executed prior to occurrence of loss or claim Information required to complete this Schedule. if not shown above. will be shown in the Declarations. 1 The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0