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HomeMy WebLinkAbout001505 Original ContractCity of Port Angeles Record #001505 GRANT AGREEMENT City of Port Angeles and Port Angeles Fine Arts Center Foundation This agreement is made between the City of Port Angeles ("City"), a municipal corporation and non -charter code city of the State of Washington and Port Angeles Fine Arts Center Foundation, a Washington Nonprofit Corporation, ("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: 1. THE GRANT The City grants to the Grantee the sum of $4,000.00 ("Grant") to be used entirely in support of the Shakespeare in the Woods theatre events held on July 19 — August 4, 2019 which are special events designed to promote tourism as described in Chapter 67.28 RCW ("Event"). The Grantee understands that the Grant is paid from the City's lodging tax funds and must be used only for lodging -tax -eligible expenditures. 2. GRANTEE'S OBLIGATIONS The Grantee will plan, organize, market, operate, and manage the Event in 2019 and is solely liable and responsible for the Event. The City is not responsible for any aspect of the Event beyond provision of this grant and does not participate in the planning, organization, marketing, operation or management of the Event. A Scope of Work detailing the Event is attached to this Agreement as Exhibit A. 3. PAYMENT • 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. • All invoices must be submitted within sixty calendar days of the event or no later than January 15 of the following year, whichever is earlier. • A one -payment approach is preferred. • The City will hold 5% of the grant until Exhibit B (see section 5.0 below) 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 January 15, 2019, which is the effective date of this agreement. C. No Legal Relationship 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 agrees to defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, -1- actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the Event or from any activity, work or thing done, permitted, or suffered by Grantee, except only such injury or damage as shall have been occasioned by the sole negligence of the City. E. Suspension or Termination. The City, upon its sole determination, may suspend or terminate this agreement if the Grantee fails to comply with any term or provision of this agreement. S. ADMINISTRATIVE REQUIREMENTS A. Documentation and Record Keeping. The Grantee will maintain thorough records pertinent to the activities to be funded under 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. This two year period may be extended upon written request of the City. All such records shall be made available to the City upon request. C. Reporting. The Grantee acknowledges that RCW 67.28.1816(2)(c) requires it to report to the City specific information following the conclusion of the Event. 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 B. The Grantee shall provide that report to the City within 30 days after the conclusion of the Event. 6. AUTHORITY TO EXECUTE The person signing this agreement on behalf of the Grantee represents and warrants that he or she is duly authorized to sign this agreement on behalf of the Grantee, and that 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 By: , City Manager Date: 9 2019 Approv d as to form: William E. Bloor, City Attorney Exhibit A: Event Scope of Work Exhibit B: Event Results Report GRANTEE: Port Angeles Fine Arts Center Foundation By: 4 Governor Date: f4 92019 -2- Shakespeare 2019 Budget Rev 11/16/18 1:19 PM Shakespeare 2019 Budget INCOME Audience (1500 at $5) $ 7,500.00 Grants $ 7,000.00 Sponsorships $ 5,000.00 Fundraiser $ 3,000.00 Total Income $ 22,500.00 EXPENSES Department Budgets Set $ (1,000.00) Makeup $ (300.00) Costume $ (1,000.00) Props $ (500.00) Production Staff Director $ (500.00) Set Designer $ (200.00) Makeup Desginer $ (200.00) Costume Designer $ (200.00) Musical Director $ (200.00) Marketing Graphic Designer $ (200.00) Rack Cards $ (150.00) Post Cards $ (250.00) Stickers $ (120.00) Adverts in Publications $ (2,500.00) Programs $ (500.00) Radio $ (2,000.00) Event Operations $ (2,000.00) Marketing Consultant $ (500.00) Event Operations/Misc. Fundraising Event $ (1,200.00) Portable Bathrooms $ (250.00) Food for Actors $ (200.00) Misc. Expenses $ (300.00) Total Expenses $ (14,270.00) Net Income $ 8,230.00 Exhibit B JLARC Lodging Tax Expenditure Report Organization: Acitivity Name: Activity Type: Event/Festival Start Date: End Date: Funds Requested: Funds Awarded Total Activity Attendance Information Overall Attendance Predicted: Enter the total number of people predicted to attend this Actual (Estimated): activity, tha actual number of people who attended this activity, and the method used to determine the attendance. Method: Please Explain: Attendance, 50+ Miles Predicted: Enter the number of people who travelled greater than 50 miles Actual (Estimated): predicted to attend this activity, the actual number of people who travelled greater than 50 miles to attend this activity, and the method Method: used to determine the attendance. Please Explain: Attendance, Out of State, Out of Country Predicted: Enter the number of people from outside the state and country Actual (Estimated): predicted to atend this activity, the actual bumber of people from outside the state and country who attended this activity, and the Method: method used to determine the attendance. Please Explain: Attendance, Paid for Overnight Lodging Predicted: Enter the number of people predicted to attend this activity and pay for Actual (Estimated): overnight lodging, the actual number of people who attend this activity and paid for overnight lodging, and select the method used to Method: determine the attendance. Please Explain: Attendance, Did Not Pay for Overnight Lodging Predicted: Enter the number of people predicted to attend this activity without Actual (Estimated): paying for overnight lodging, the actual number of people who attended this activity without paying for overnight lodging, and the method used Method: to determine the attendance. Please Explain: Paid Lodging Nights Predicted: Total projected and estimated actual number of paid lodging night. One Actual (Estimated): Lodging Night = one or more persons occupying one room for one night. Method: Please Explain: Under "Methodology" Please fill the left cell with one of the following: "Direct Count", "Indirect Count", "Representative Survey',"Structured Estimate", or "Other -please Explain"