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HomeMy WebLinkAbout001233 Original Contract City of Port Angeles Record # 001233 GRANT AGREEMENT City of Port Angeles and PENINSULA ADVENTURE SPORTS This Agreement is made between the City of Port Angeles, (the City), a non-charter code city and municipal corporation and Peninsula Adventure Sports LLC, a Washington limited liability company(the Grantee) for a grant of the City's lodging tax funds. In consideration of the benefits to be obtained through this Agreement, the City and Grantee agree to the following terms and conditions for providing a grant to support the Event Olytripic Adventure Trail Run: 1. The GRANT The City grants to the Grantee the sum of S 1,000.00 (the Grant) to be used entirely in support of the Olympic Adventure Trail Run to be held in April, which is a special event designed to attract tourists as described in Chapter 67.28 RCW (the Event). The Grantee understands that the Grant is paid from the City's lodging tax funds and must be used only for lodging-tax-cligible expenditures. Any part of the Grant not used to support the Event in 2017 must be returned to the City within 45 days after conclusion of the Event. 2. GRANTEE'S OBLIGATIONS The Grantee will plan,organize,market,operate, and manage the Event in 2017 and is solely liable and responsible for the Event. The City is not responsible for any aspect of the Event and does not participate in the planning, organization, marketing, operation or management of the Event. 3. PA YHENT • Payments will be made to Grantee after each invoice with detailed eligible receipts being presented to the City. The City will have one month to pay. • A one-payment approach is preferred. • The City will hold five percent (5%) of the grant until Exhibit A is complete and returned to the City with event results. • Grantee will provide the City with a W-9. This agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party shall have any claim or right of action hereunder for any cause whatsoever. The City has no obligation to pay the Grantee's creditors. 4. GENERAL CONDITIONS A. General Compliance. The Grantee agrees to comply with all applicable Federal, state and local laws, regulations, and policies, governing the Event and the funds provided under this agreement. B. Effective Date. Grants were approved by City Council on February 7, 2017 which is the effective date of this agreement. C. No, Legal Relationshin Created. The relationship between the parties is that of grantor and grantee. Nothing contained in this agreement is intended to,or should be construed in any manner, as creating or establishing other relationship between the parties, D. Hold Harmless. The Grantee will hold harmless,defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that in any manner arise out of the Event. E. Suspension or Ten-nination. The City may suspend or terminate this agreement if the Grantee fails to comply with any term or provision of this agreement. 5. ADMINISTRA TIVE REQUIREMENTS A. Documentation and Record KqepLny. The Grantee will maintain thorough records pertinent to the activities to be funded tinder this agreement, including records adequate to document that the funds were expended on lodging-tax-eligible activities. B. Access to Records and Retention. All such records shall be retained by the Grantee for a period of two years after the Event. All such records shall be made available to the City upon request. C. &qpqrtin The Grantee acknowledges that RC W 67,28.1816(2)(c)requires it to report to the City specific information after the Event conclude. The report must be in the form and contain the information acceptable to the Joint Legislative Audit and Review Committee. The report to be completed is attached as exhibit A.The Grantee shall provide that report to the City within 45 days after the conclusion of the Event. 6. A UTHORITI' TO EXECUTE The Grantee, and the person who signs this agreement on behalf of the Grantee, both represent and warrant that the person signing on behalf of the Grantee is duty authorized to sign this agreement on behalf of the Grantee, and the Grantee is bound and obligated by such signature for the uses and purposes, stated herein. 7. ENTIRE AGREEMENT This document states the entire agreement between the City and the Grantee for the use of funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City and the Grantee with respect to this agreement. IN WITNESS WHEREOF, the City and the Grantee have executed this agreement as of the date and year last written below. CITY OF PORT ANGELES GRANTEE: PE 4`I §UL.A SPORTS By: By: Title- Title f Date: Date: 2 Apr yid as to form:: X" William E. Floor, City Attorney Exhibit: A - Event Results Report - 2 -