HomeMy WebLinkAbout001332 Original Contract City of Port Angeles
Record #001332
A
GRANT PROGRAM AGREEMENT
BETWEEN
City of Port Angeles
and
Lincoln Park BMX Association
This Agreement is made between the City of Port Angeles, a non-charter code city and
municipal corporation of the State of Washington (hereinafter referred to as the "City") and
Lincoln Park BNIX association, a nonprofit corporation of the State of Washington (hereinafter
collectively called the Grantee) for the project described in this document and its attachments
(herein called the Project).
WHEREAS, pursuant to RCW 67.28.1815, the City of Port Angeles is authorized to expend
special excise tax funds for "paying all or any part of the cost of tourism promotion, acquisition
of tourism-related facilities, or operation of tourism-related facilities. "Tourism-related facility'"
means real or tangible personal property with a usable life of three or more years, or constructed
with volunteer labor that is: (a)(i) Owned by a public entity; (ii) owned by a nonprofit
organization described tinder section 501(c)(3) of the federal internal revenue code of 1986, as
amended; or (iii) owned by a nonprofit organization described under section 01(c)(6) of the
federal internal revenue code of 1986, as amended, a business organization, destination
marketing organization, main street organization, lodging association, or chamber of commerce
and (b)used to support tourism, performing arts, or to accommodate tourist activities; and
WHEREAS, it, is in the public interest that Port Angeles lodging tax funds be expended for
tourist promotion services within the City of Port Angeles; and
WHEREAS, the Grantee has agreed to perform the work and improvements described in the
attached application; and
NOW, THEREFORE, the City and Grantee do mutually agree to the following terms and
conditions regarding the above mentioned property to be improved using City funds through the
Lodging Tax Grant Program:
1. SCOPE OF SERVICES
The Grantee will complete in a satisfactory and proper manner as determined by the City the
work described in the Project Overview that is attached hereto, marked as Attachment A, and
incorporated herein by reference. A listing of detailed project tasks is marked as Attachment B,
and incorporated herein by reference.
2. GRANTEE'S OBLIGATIONS
The Grantee warrants that they are to perform the proposed improvements described in
Attachment B — the Port Angeles Lodging Tax Fund — 2018 Application attached and
incorporated by this reference.
Grantee agrees to complete work described in the attached Plans and Specifications by
December 31, 2018. In the event the Director of Community and Economic Development finds
that the Grantee has prosecuted the work with reasonable diligence but, due to factors beyond its
reasonable control, the Grantee is unable to complete the work within 180 days, the City
Manager is authorized to extend the time to complete the work.
All improvements shall be consistent with sign zoning and building codes currently in effect for
the City. The Grantee shall assure that any permit or review necessary under City Ordinance
shall be approved before the work begins.
The Grantee shall be responsible for the construction and management of the entire project.
3. BUDGET
The City will reimburse to the Grantee the amount of$30,000.00, for eligible incurred costs and
expenses for the Project according to the budget shown on the Attachment B. Only the work
that is outlined in Attachments A & B will be eligible for reimbursement.
It is understood that this agreement is funded with Lodging Tax program income funds. The
Grantee acknowledges and agrees that the funds must be used only for Lodging Tax eligible
expenditures.
4. PA YMEN T
Grantee shall submit invoices to the City for payment for work performed not more than one
time per calendar month. Invoice shall include copies of receipts for eligible items. Invoices
shall be in a format acceptable to the City. Grantee will provide the City with a completed W-9.
The City shall pay all invoices from, Grantee within 30 days of receipt of a properly completed
invoice.
Grantee acknowledges, and agrees to inform its Contractor, that the City has no obligation to pay
the Contractor for work performed for the Grantee under this Program. 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.
Unless otherwise agreed to in writing by both parties, the Grantee's total reimbursement tinder
this agreement, including labor and materials, shall not exceed the maximum sum of$30,000.00.
The budget for labor and materials is found in Attachment B. Budgets for each line item may be
modified upon mutual agreement between the two parties, but in any event, the total payment to
Grantee shall not exceed $30,000.00.
5. GENERAL CONDITIONS
A. General Compliance. The Grantee agrees to comply with all applicable Federal, state and
local laws, regulations, and policies, governing the funds provided under this agreement.
B. Independent Contractor. Nothing contained in this agreement is intended to, or will be
construed in any manner, as creating or establishing the relationship of employer/employee
between the parties. The Grantee will at all times remain an "independent contractor" with
respect to the services to be performed under this agreement. The City will be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation Insurance, as the Grantee is an independent
contractor.
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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 arise out of the
Grantee's performance or nonperformance of the services or subject matter called for in this
agreement.
E, Workers' Compensation. The Grantee will provide Workers' Compensation Insurance
Coverage for all of its employees involved in the performance of this agreement.
F. Contract with Contractor. Each contractor who is performing the work approved for this
Project shall have a valid State of Washington Contractor's License.
G. Labor Code/Prevailing Wage. Grantee acknowledges and agrees that the Grantee's
improvements to be constructed with the proceeds of the grant constitute construction,
alteration, demolition, installation, or repair work done under contract and paid for in whole
or in part out of public funds.
Grantee is a qualified organization pursuant to RCW 35.21.278 and the project is a qualified
project. As, such, the project is exempt from the competitive bidding and prevailing wage
laws.
H, Funding Source RecogLiition, The Grantee will insure recognition of the roles of the City in
providing services through this agreement.
1. Suspension or Termination. The City may suspend or terminate this agreement if the
Grantee materially fails to comply with any terms of this agreement, which include (but are
not limited to) the following:
• Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, guidelines, policies or directives as may become applicable at any
time;
• Failure, for any reason, of the Grantee to fulfill in a timely and proper manner its obligations
under this Agreement; or
• Submission by the Grantee to the City of reports that are incorrect or incomplete in any
material respect.
6. ADMINISTRA TIVE REQUIREMENTS
A. Financial Management Accounting Standards. The Grantee agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
B. 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.
C. Access to Records and Retention, All such records and all other records pertinent to the
work undertaken under this agreement will be retained by the Grantee for a period of six
years after the City's final audit of Project, unless a longer period is required to resolve audit
findings or litigation. In such cases, the City will request a longer period of record retention.
D. Audits and Inspections. All Grantee records with respect to any matters covered by this
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Agreement will be made available to the City and duly authorized officials, of the state and
federal government, at any time during normal business hours, as often as deemed
necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be fully cleared by tile Grantee within 30 days
after receipt by the Grantee. Failure of the Grantee to comply with the above audit
requirements will constitute a violation of this agreement and may result in the withholding
of future payments,
E Reporting. `Fhe Grantee, at such times and in such forms as the City may require, will
furnish the City such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this agreement.
7 PEFOR AMNCE WAIVER
The City's failure to act with respect to a breach by the Grantee does not waive its right to act
with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any
right or provision will not constitute a waiver of such right or provision.
8. ENTIRE AGREEMENT
This document states the entire agreement between the City and the Grantee for the use of funds
received wider 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: Lincoln Park BMX
Association
By:
'Title: -C $'P" Title:
f
Date:--I a 1,4,11 1 -1 Date: (I
Alpp,bved as to form: Attest:
William E. door, City Attorney Jennifer eneklasen, City Clerk
Attachments: A --Project Overview
B — Scope of Work, and Budget
Application
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ATTACHMENT A - PROJECT OVERVIEW
Grantee: Lincoln Parr BMX Association
lie lace the startin hill.
Goals/Expected Results/Products:
Budget The project will improve the starting hill for BMX riders and allow for more
Category races with more out of town visitors.
21AGeneral The project will result in: See attached Application
Admin.
ATTACHMENT B - SCOPE OF WORK AND BUDGET
Budget Project Activities Project Applicant's City
Category Totals Contribution Contribution
21AGeneralAdmin Materials
and
Labor $30,000.00 Labor $30,000.00
Port Angeles Lodging Tax Fund-2018 Application
This application is not for events. Event applications will be reviewed
separately at a later date following the annual LTA X fund's allocation
UT Y 010VERNMEN V
[Amount of Lodging Tax Reg nested: $51,391.00
Organization/Agency,Name:Lincoln Park BMX Association
Federal Tax ID Number:82-0747801
Facility Name or Operation(if applicable): Lincoln Park BMX
Contact Name and Title-Sean Coleman
Mailing Address:PO Box 3166 city: Port Angeles State:WA Zip:98362
Phone:360-460-1435 Email Address:lincoinparkbmx@gmaii.com
Check all service categories that apply to this application:
Tourism Promotion/Marketing
—Operation of a Tourism Promotion Agency
)! _Operation of a Tourism-Related Facility owned or operated or non-profit organization
X_—Operation and/or Capital Costs of a Tourism-Related Facility owned by a municipality
Check which one of the following applies to your agency:
X Non-Profit(Attach copy of current non-profit corporate registration with Washington Secretary ofState)
Public Agency
CERTIFICATION
I am an authorized agent of the organization/agency applying for funding. I have read the application
instructions and understand that:
* I am proposing a tourism-related service for 2018. If awarded, my organization intends to enter into
a Municipal Services Contract with the City; provide liability insurance for the duration of the
contract naming the City as additional insured and in an amount determined by the City; and file for
a pen-nit to use City property, if applicable.
. The City of Port Angeles will only reimburse those costs actually incurred by my organization/agency and
only after the service is rendered, paid for if provided by a third party, and a signed Request for
Reimbursement form(or other form acceptable to the City)has been submitted to the City, including copies
of invoices and payment documentation.
0 My agency will be required to submit a report documenting economic impact results in a format determined
by the City.
K
Signature:- Date:September 19th, 2017
Printed or Typed Name:Sean Coleman
City of Port Arge&es Tourism Promotion AppiNcation Page 7
.......................
Supplemental Questions—You may use this form or a separate sheet of paper for answers
Please Limit separate answers to three pages.
.... ........
1. Describe your tourism-related activity.
. If an activity,list the name,date(s),and projected overall attendance.
Lincoln Park BMX is open May through October every year. Throughout the season we hold 1-2 practices a
week and 2-3 races per week, The protected overall season attendance for our track is an audience of 5,000,
. Describe why tourists will travel to Port Angeles to attend your event/activity/facility.
Lincoln Park BMX is one of 12 BMX tracks in the state of Washington. BMX riders travel all across the state,
country and world to compete in races. BMX riders often to travel to other tracks. They compete in the sport to
earn extra points and wins that help to move them to the next level of competition. Every year Lincoln Park
hosts state races that attract hundreds of racers from all across the state. Within the next 5 years, Lincoln Park is
planning on making major capital improvements to the facility so that the track will be able to host larger state
and regional races including, State Finals, Gold Cup Races (regional races) and a National Race.
2. (Some of the estimates in question #2 are required by State law)
As a direct result of your proposed tourism-related service,provide an estimate of:
a. Overall attendance at your proposed activity/facility
5,000
b. Number of people who will travel more than 50 miles for your event/activity
I NO
c. Of the people who travel more than 50 miles,the number of people who will travel from another
country or state 15
d. Ot'the people who travel more than 50 miles,the number ot'people who will stat overnight in Port i
Angeles or the Port Angeles area '500
c. Of the people staying overnjght,the number ofpcople who will stay in PAID accommodations
(hotel/motel/bed-break-fast)in Port Angeles or Port Angeles area 300
tl Number ot'paid lodging room nights resulting from your proposed event/activity/facility
6�xample. 2.5 paul romns on Fridaj and 50 patcl rowns onSwurdtq -_ 75 pard/()(kn7g room nights)
550
3. What methodology did you use to calculate the estimates?
Lincoln Park BMX is part of the USA BNIX Association. At every practice and race held at Lincoln Park BMX
we record all participants and send that data directly to USA BMX. The data above is an estimate based on data
collected during May. June,July. August and the first half of September in 2017.
As this is the first year that Lincoln Park BMX has management of the track,we don*t know the total number
of participants from 2016. Based on data from May, June,July and half of August this year we expect a
minimum of 5.000 to practice, race,or support family members or friends on Our local track.
During our state race weekend we hold practice on Friday night,a "Race I"or Life" race on Satruclay and the State
Race on Sunday. This encourasges out of town racers to visit for a minimum 2 nights and 3 days,
City ofpmt Angdes Tour,"rn PlomvEwR Flpphcraliml g;e S
4. Describe the prior success of your event/activity/facifity, in attracting tourists.
Lincoln Park BMX Association gained management of the BMX track in Port Angeles in April of'2017. The
BMX track in Port Angeles has been operating since the 1980's. Fhe track is open May through October every
year. Although only under new management of the BMX Track for six nionths, the board of directors and
community members have all worked very hard and by all measures Lincoln Park has had a successful first
season.
Since under new management in 2017, the track has increased rider participation by 15% frorn 2016.
5. Is there a host hotel for your event(Yes or No )? If yes,list the host hotel.
During 2017 there was not a host hotel, however Lincoln Park BV[X will be working with both the Red Lion
Hotel and Olympic Lodge as host hotels fear the 2018 season.
6. Describe you target tourist audience(location,demographics,etc).
Riders range in age from age 2-70, male and female, novice to pro. There are over 370 tracks across the USA
and Canada and over 70,000 members. USA BMX members can ride at any sanctioned track in the United
States and Canada.
No BMX facility in Port Angeles has never hosted a State Finals, Gold Cup or National Race. By bringing in
one of these races for a three—day weekend we would bring in an additional 600 to 700 riders Aust for that
weekend. That doesn't include the average 3.2 spectators that travel with each rider.
7. Describe how you will promote your eventlactivity/facility to attract tourists.
Marketing and Promotion Plan
Strategic Planning fior Lincoln Park 13MX started back in fall of 20 16 when Lincoln Park BMX acquired
management of the track. Although the 20117 marketing pagan had a later start than optimal, due to acquiring tile
track 4 months into the calendar year,there are plans in place to promote the track in the Pacific Northwest and
beyond which are ready for immediate implementation should funding becorne available.
a. SOCIAL MEDIA
According to I lubspot. 92%of marketers in 2014 clairned that social media marketing was important for their
business. vvith Wi) indicating their efforts increased traffic to their websites. According to Social Media
Examiners, 97,o of marketers are currently participating in social media–however 85,Io ofparticipants,aren't
sure what social media tools are the best to use.
'Xith the creation ofseveral videos and proilessional photographs Lincoln Park BMX will have professional
quality media and the ability to have paid sponsorship on Facebook,
USA BMX has both a social media and Instagrarn account\vIlLre they are constantly promoting all tracks
throughout USA and Canada.
Cq% r,fPort \ng �C, I oug"m p7oplum"n kpphcAuan Q
b. ONLINE MEDIA
Videographer. As the need to increase our presence on social media became clearer,an opportunity to work
with a local videographer, Matt Sagen, from Cascadia Films arose.Cascadia Films has led the visual side of
many Port Angeles revitalization efforts by creating quality marketing videos for many local businesses. We
are excited to work with Cascadia Films to create up to five 30-- second videos showcasing not only the
athletes, but every component that goes into making Uncoln Park BMX Track a unique racing experience
frorn the moment you drive into the parking lot until the time You leave. Videos will be circulated through
Social Media and Lincoln Park BMX website.
USA BUX Website. www.usabinx.corn
Lincoln Park BALM Website. w ww,usabrnx.corn/tracks/1 2 51
Lincoln Park Facebookwww,facel)ook.com.IL,incolnilarkBMX/
c. NEW RIDER CLINICS
We offer FREE BMX clinics for beginner riders. All of our clinics are taught by USA Certified BMX
Coaches. The intro course covers everything you will need to know to race your 1st
BMX race,
d. READER BOARD
Promoting the bigger races along highway 101 the week leading up to when people come into town from all
over the state arid region.
e. SCHOOL FLYERS
Distribute flyers to all schools promoting Lincoln Park BMX and how no child"sits on the bench"when it
comes to BMX. It is a great outdoor healthy activity for kids.
L VISITPORTANGELES WEBSITE
Add our races and events to the visit Port Angeles website— ngeles.coni
g. PARKS AND RECREATION PROGRAM GUIDE
Youth programs and sports link.
h- NEW STARTING SAFETY GATE
The capital improvements to the track will include a new starting safety gate, 'This gate will allow for
businesses to promote and advertise on the front of the starting gate itself.
i. BRANDING—With a new track comes
Lincoln Park BMX has received overwhelming positive feedback on the new logo and branding of the track.
The logo includes the mountains and trees with a BMX Rider. 'rhe bold Northwest images of the mountains
and trees are used not only in all marketing pieces, but have now been incorporated into our clothing line and
state award designs3,
New Lincoln Park Logo
Cay ofopf Angeles Toumm PTomotvin Apphci"on
Page 10
t0
j. AVldtr%,
RDS/TROPHIES
Throughout tile season,Lincoln Park BNIX gave out over 500 trophies' in additional to 150 Lincoln Park
State Race Award .These trophies and awards have 1-incoln Park BMX logos on them. Athletes then
take pictures with them and post them on social media, bringing thorn home and putting them oil display
where firiends and family can see theme, thus promoting l,incoln Park BNIX (arid Port Angeles)all across
the state and the Pacific Northwest.
8. Describe how you will promote lodging establishments, restaurants,and businesses located
in the City of Port, AnLycle -
There are many ways in which I.incohrl Park BMX will prornote lodging. restaurants and business in tile
City of'Port Angeles.The ditTcrent ways include;
-Links to various establishments on Our website and Facebook page
- Event packets—these will be handed out during registratio, They wiH include lodging,
restaurants and stores in the Cit-y of Port Angeles.
-Banners around the track that promote all of our local sponsors
9. Are you applying for Lodging Tax funds from another community, (Yes or No X )7 lfyes,list
the other jurisdiction(s) and amount(s) requested.
10. What is the overall budget for your event/activity/facility" What percent of the budget are you
requesting from Port Angeles Lodging Tax Fund?
The overall budget for the capital improvements to the starting hill for the track is S101,161.00'. Lincoln
Park BMX is request 551,391.00, which is '50.8010 ofthe total budget. 536,770 or 36,411/'0' wil I be from
private donations and volunteer hours,-,the other S 13,000 or 12.80?10 is corning from 2017 race season
rerevenues ftom Lincoln Park BMX and estimated revenues for 2018. The starting hill budget4,the
preliminary plan front Zenovic & Associates', and reasons to why Lincoln Park should install a safety,
gatc�'are attached.
11. What will you cut from your proposal or do differently if full funding for your request is not
available or recommended?
Lincoln Park BNIX is under new management as of April 2017,the BMX track has been in Port Angeles on
City of Port Angeles property since the 1980's. The track has NEVER requested any funding from the City
of Port Angeles Lodging Tax l'und,although through the years there has been ail average of 1,208 riders
racing every year and bringing in approximately 3.866 to the track annually. Since opening in the 1980's,
that is over 40,000 riders and 135,396 spectators visiting the City of Port Angeles..
2 Lincoln Park Trophies
I
' Lincoln Park State Race Award
4 Starting Hill Budget
Zenovic& Associates Starting Area Preliminary Plans
6 Why a Safety Gate
Cu y M Pm -kilgelcs I ouirusm Pwmolwn \pphation
Lincoln Park BMX meets the mission of the intended use of the Lodging Tax Funds and truly believe that"if we
build it they will come."We respectfully request ftill funding and took forward to continuing the partnership with
the City of Port Angeles and helping grow the sport of BMX in our community!
...............11 ...........................................
Application Instructions and General Guidelines
Application Deadline: Septerriber 20, 2017 3:30prn- receivtM at Port A ageles', ity Hall.
To be eligible for consideration,your complete proposal must be received by the deadline.
The Committee will review,proposals in a public meeting and determine funding recipients and levels
of funding.
Submit one original and one digital copy to-,
City of Port Angeles Lodging Tax Advisory Committee
c/o Ben Braudrick,Community and Economic Development
Department 321 East 5 "Street
Port Angeles, WA 98362
Email: bbraudrick,(6',,cityof`pa.us
City [fall Street 321 E.Fifth Street,Port
Address: Angeles
=4 You must complete and sign the cover sheet with this packet.
You may use the Supplemental Form or type the questions and answers on separate sheets of
paper.
Please number each page in your packet,except for the optional brochures/information..
Attach in 1 .5x11 for
1. Itemized budget for your non-event related operation or capital facility(income and expenses)".(Attached)
2. Description and budget showing how you intend to use the amount requested from the City of Port
Angeles, (Attached... See attachment#4)
3. A copy of your agency's current non-profit corporate registration with the Washington Secretary of State.8
(Attached)
4. A copy of your agency's City of Port Angeles business license. (N/'A)
5. (Optional)Brochures or other information about your eventlactivity/facility, in particular items showing
recent tourism promotion efforts— Limited to 8 pages,8.5 x I I inches.(Attachcd... See attachment#1,
42,#3 and Pull Magazinelu- Distirbution of 70,000)
The proposal and all documents filed with the City are public records.The City may choose to post on
its website copies,of the proposals and attached documents.
7 Itemized Budget
8 Non-Profit Corporation
9 Certificate of Liability Insurance
to Pull Magazine
Cay of ticm Angelci Tounsm Nomonan ApphcaUan