HomeMy WebLinkAboutContract2025 GRAN1 BENEFICIARY AGREEMENT WITH GREATER RENTON CHAMBER OF COMMERCE OBA RENTON CHAMBER OF COMMERCE LODGING TAX/TOURISM PROMOTION GRANT PROGRAM THIS AGREEMENT, dated for reference purposes only as January 21, 2025, is by and between the City of Renton (the "City"), a Washington municipal corporation, and the Greater Renton Chamber of Commerce dba Renton Chamber of Commerce ("Beneficiary"), a Washington Nonprofit Corporation and sets forth the terms and conditions under which the City will provide a grant to Beneficiary under the Tourism Promotion Grant Program ("Program"), authorized by the Renton City Council on December 9, 2024. The Program is funded through the Renton Lodging Tax (RMC 5-18) as author ized by RCW 67.285. The City and the Beneficiary are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. RECITALS: WHEREAS, the State of Washington authorized for municipalities to collect excise tax on certain lodging businesses under Revised Washington Code ("RCW") 67.28; and, WHEREAS, the City has authorized collection of a 1% (one percent) excise tax on certain lodging businesses in the City under Renton Municipal Code ("RMC") 5-18, which is the "Lodging Tax"; referenced in the Agreement; and, WHEREAS, revenues from the Lodging Tax must be used for the purpose of tourism promotion and support; and WHEREAS, the City has established a Lodging Tax Advisory Committee ("LTAC") to establish Application Criteria (Exhibit 1), review Applications ("Beneficiary's Application" at Exhibit 2), and recommend expenditures from the Lodging Tax fund ("LTAC Recommendations" at Exhibit 3), each Exhibit is incorporated herein by reference; and WHEREAS, the City, through the LTAC, issued a Call for Application to entities seeking financial support for tourism related purposes, which is attached hereto as Exhibit 4 and incorporated by reference; and CAG-25-023 WHEREAS, the City, through LTAC, has reviewed the Ap plication and determined that the Beneficiary is eligible for assistance under this Pro gram and is promoting tourism related activities; and WHEREAS, the City Council on December 9, 2024, has approved a grant award to the Beneficiary. NOW THEREFORE, in consideration of the mutual covenants and agreements herein, the Parties agree as follows: AGREEMENT 1.Grant Amount and Disbursement. 2. 3. a.Amount. The total amount to be awarded to Beneficiary under the program is up to seventy five thousand dollars ($75,000.00) as a reimbursement for eligible expenses. Except as specifically provided herein, the Beneficiary shall be solely responsible for payment of any taxes imposed as a result of this Agreement. b.Award Disbursement. i.Reimbursement Request. On a monthly, or no less than quarterly basis during any quarter in which tourism promotion or support is completed, Beneficiary shall submit a reimbursement request in a format acceptable to the City (Exhibit 5) with supporting documentation including, but not limited to, invoices or reports demonstrating expenses for which reimbursement is sought. ii.Payment. Payment shall be made by City within thirty (30) calendar days after receipt and approval by the appropriate City representative of the invoice. iii.No waiver. Payment for any reimbursement shall not constitute a waiver by the City of any remedies it may have for any breach of this Agreement by the Beneficiary. iv.Tax implications. Grant funds may be taxable. Please consult your financial advisor/tax professional for guidance. If it is required by the IRS, a 1099 form will be issued to the Beneficiary. Final Report: Together with the final reimbursement request, and in a format acceptable to the City (Exhibit 6), Beneficiary shall submit a final report detailing outcomes related to budget, activities, objectives, and attendance as first described in the Beneficiary's application for the Grant. Scope of Eligible Expenditures: Grant funds disbursed under this Agreement shall only be used to pay or reimburse eligible expenses as described in the Criteria (Exhibit 1) and in the "Program Call for Applications" (Exhibit 4) PAGE 2 OF 14 4. a.Reimbursement Defined. "Reimbursement" means grant disbursement to Beneficiary upon receipt by the City of invoices and documentation demonstrating eligible expenses. b.No Duplication of Payment. No grant funds may be used to pay or reimburse costs for expenditures for which Beneficiary has received any other funding, whether state, federal or private in nature, for that same expense. Beneficiary Responsibilities. a.False Statement. The Beneficiary understands and acknowledges that providing false information in the Application or on any documents submitted to the City or its designees as part of the Benef iciary's participation in the Program may constitute fraud, justify termination of this Agreement, trigger the Beneficiary's obligation to return funds, and may be subject to civil and/or criminal penalties and/or sanctions. b.No Employee Relationship. The Beneficiary understands and acknowledges that neither the Beneficiary nor any officer, employee or agent of the Beneficiary shall be considered to be an employee of the City, nor entitled to any benefits accorded City employees, by virtue of the services provided under this Agreement. The City shall not be responsible for assuming the duties of an employer with respect to the Beneficiary or any employee of the Beneficiary. c.Non-discrimination. During the performance of this Agreement, the Beneficiary shall comply with all federal and state nondiscrimination laws, including but not limited to, chapter 49.60 RCW, Washington's Law Against Discrimination (WLAD), and 42 U.S.C. 12101 et seq., the Americans with Disabilities Act (ADA). In the event of the Company's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled, or terminated in whole or in part. d.Sole proprietorship or Individual. If the Beneficiary is a sole proprietorship or if this Agreement is with an individual, the Beneficiary agrees to notify the City and complete any required form if the Beneficiary retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Beneficiary's failure to do so. 5.Insurance: Beneficiary shall secure and maintain: a.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. b.In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. PAGE 3 OF 14 2/3/2025 Approved by Patrice Kent via email 1/27/2025