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HomeMy WebLinkAboutCAG2019-177 - Original - Northwest Earth and Space Sciences Pipeline - Lodging Tax Revenue Award - 12/31/2019 KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Northwest Earth & Space Vendor Number (JDE): 1959786 Contract Number (City Clerk): C W b ZG'I I _ Category: Grant Related Agreement (Non-Real Property) Sub-Category (if applicable): None Project Name: Apollo 50th Anniversary Upon execution 12/31/2019 Contract Execution Date: termination Date: Contract Manager: Michelle WillmotDepartment: ECD Contract Amount: 167000 Budgeted: Fv_1 Grant? Part of NEW Budget: Local: ❑✓ State: Federal: Related to a New Position: ❑ Notice required prior to public disclosure? Basis for Selection of Contractor? Other Approval Authority: ❑✓ Director ❑✓ Mayor City Council Other Details: Contract drafted by Tanya Kosen KENTLodging Tax Grant Agreement W•9 N­T O n 1. Parties This agreement is entered into by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Earth and Space Sciences Pipeline, a nonprofit (hereinafter the "Recipient"), located at PO Johnson Hall, Box 351310, University of Washington, Seattle, Washington 98195. In consideration of the mutual promises identified herein, the parties agree as follows: 2. Revenue Award and Payment. The City awards lodging tax revenue in the amount of Sixteen Thousand and 00/100 Dollars ($16,000.00) to Recipient. The City shall issue lodging tax revenue to Recipient on a reimbursement basis. (Notwithstanding the foregoing, the City has the sole discretion to issue lodging tax revenue to the Recipient in a lump sum, in installments, or pursuant to any other reasonable method.) In order to obtain reimbursement, Recipient shall submit an invoice with supporting documentation to the Director of Economic and Community Development. 3. Use of Revenue. Recipient shall use the lodging tax revenue to benefit the City of Kent through: (1) business or leisure tourism marketing; (2) marketing and operations of special events and festivals designed to attract business or leisure travelers; or (3) supporting the operations of tourism-related facilities owned or operated by nonprofit organizations. "Tourism promotion" shall have the meaning set forth in RCW 67.28. RCW 67.28 defines tourism promotion to mean activities, operations, and expenditures designed to increase tourism, including but not limited to: a. advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; b. developing strategies to expand tourism; C. operating tourism promotion agencies; or d. funding the marketing of or the operation of special events and festivals designed to attract tourists. Furthermore, Recipient's tourism promotion activities, operations and expenditures shall be wholly consistent with the program or activities described in Recipient's application for lodging tax revenue, a copy of which is attached hereto, and incorporated by this reference as Exhibit A. If the Recipient's application and this contract conflict, the provisions of this contract shall control. If any grant funds remain unused as of the termination date below, or if Recipient fails, for any reason, to use the lodging tax revenue as required herein or by applicable law, or fails to perform its obligations under this contract, the Recipient shall, upon demand of the City, repay the lodging tax revenue to the City. Interest shall accrue at the Page 1 of 5 Lodging Tax Grant Agreement Northwest Earth &Space Science Pipeline Apollo 501h Anniversary Festival rate of twelve percent (12%) per year from the time the City demands repayment of the lodging tax revenue, and the City may use any method available to it by law to collect any such funds. 4. Marketing and Promotional Materials. All events and activities funded with lodging tax revenues must list the City of Kent as a sponsor. Recipient will feature either the City of Kent logo and web address (KentWA.gov) on business- related event marketing and promotional materials or the Visit Kent logo and web address (VisitKent.com) if the activity is for leisure or entertainment purposes. Use of City logos and web addresses shall be consistent with City policies and procedures, and such policies and procedures are hereby incorporated into this agreement. Permission for the use of City logos may be revoked at any time by the City and such use shall not exceed the term of this agreement unless expressly permitted by the City. S. Term and Termination. This contract shall be effective when both parties have executed this contract and shall terminate once Recipient expends the lodging tax revenue or on December 31, 2019, whichever is earlier. The City may terminate this contract if the Recipient breaches this contract and then fails to cure the breach after the City provides written notice of the breach and allows the Recipient a reasonable opportunity to cure, if such breach is curable. The City may suspend this contract, with or without cause, by providing written notice of suspension to Recipient. 6. Reports and Information. Recipient shall maintain records that fully and accurately reflect any use of the lodging tax revenue and Recipient's tourism promotion activities, operations and expenditures. Recipient, at such times and in such forms as the City may require, including after the cessation of its tourism promotion activities, operations and expenditures, or termination of this contract, shall make available to the City for audit and inspection any and all records that relate to the lodging tax revenue and Recipient's tourism promotion activities, operations and expenditures. Recipient shall maintain accounting records in accordance with generally accepted accounting principles and practices. 7. Independent Contractor. Recipient shall be an independent contractor for all federal, state and other purposes. S. Indemnification. Recipient shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Recipient, except for injuries and damages caused by the sole negligence of the City. 9. Insurance. The recipient shall provide proof of and maintain insurance as defined in Exhibit B which is attached and incorporated by this reference. 10. Notices. Any notices given by the City to Recipient or by Recipient to the City shall be in writing and delivered to the other party. Page 2 of 5 Lodging Tax Grant Agreement Northwest Earth &Space Science Pipeline Apollo 501h Anniversary Festival 11. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this contract shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. 12. Applicable Law; Venue. The venue for any legal action arising from this contract shall be King County, Washington, and that this contract shall be governed, construed, and interpreted according to the laws of the State of Washington. 13. Compliance with Laws and Regulations. Recipient shall comply with all applicable laws, rules, regulations, and orders from any and all authorities having jurisdiction. 14. Compliance with the Public Records Act. Recipient acknowledges that the City is subject to the Public Records Act, Chapter 42.56, RCW (the 'Act"). All records owned, used, or retained by the City are public records subject to disclosure unless exempt under the Act, whether or not such records are in the possession or control of the City or the Recipient. The Recipient shall cooperate with the City so that the City may comply with all of its obligations under the Act. To ensure the City's compliance, the Recipient shall, within ten (10) days after receipt of notice from the City, deliver to the City copies of all records relating to this Agreement or relating to the Work, which the City determines qualify as the City's public records under the Act. If the City receives a public records request relating to this Agreement or relating to the Work, the City shall seek to provide notice to the Recipient at least ten (10) days before the City releases records pursuant to such public records request, but in no event will the City have any liability to the Recipient for any failure of the City to provide such notice. In addition to its other indemnification and defense obligations under this Agreement, Recipient shall indemnify and defend the City from and against any and all losses, penalties, fines, claims, demands, expenses (including, but not limited to attorney's fees and litigation expenses), suits, judgments, or damage arising from or relating to any failure of Grant Recipient to comply with this section. 1s. Discrimination Prohibited. In all Recipient programs, operations or activities, and all hiring and employment made possible, directly, indirectly, by or resulting from this contract, Recipient shall not discriminate against any protected class or on any basis prohibited by federal or state law, including, but not limited to, sex, race, color, creed, religion, national origin, disability, use of a guide dog or service animal by a person with a disability, HIV/AIDS or hepatitis C status, sexual orientation, gender identity, or honorably discharged veteran and military status. 16. Assignment and Subcontract. Accept as noted or identified in Recipient's Hotel/Motel Tax Fund Application, Recipient shall not assign or subcontract any portion of the Service contemplated by this contract without the written consent of the City. Page 3 of 5 Lodging Tax Grant Agreement Northwest Earth &Space Science Pipeline Apollo 50'Anniversary Festival 17. Cumulative Remedies. The rights and remedies of each party set forth in any provision of this contract are in addition to and do not in any way limit any other rights or remedies afforded to such party by law. 18. Severability. The invalidity or unenforceability of any particular provision of this contract shall not affect the other provisions, and this contract shall be construed as if such invalid or unenforceable provisions were omitted, unless such invalidity or unenforceability destroys the purpose and intent of this contract. 19. Entire Contract; Possible Amendments. This contract contains the entire agreement between the parties and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall be deemed to exist or bind any of the parties. Either party may request changes in the contract. Proposed changes mutually agreed upon will be incorporated by written amendments to this contract. 20. Misuse of Funds for Political Activity. Awarded Lodging Tax Funds may not be used directly or indirectly to further political activity and/or endorse rather than use such funds for their intended purpose. Any such use shall be grounds for immediate termination of this contract and in that event the Recipient hereby agrees to refund all grant funds. (Remainder of Page left blank intentionally) Page 4 of 5 Lodging Tax Grant Agreement Northwest Earth &Space Science Pipeline Apollo 50"'Anniversary Festival RECIPIENT: NORTHWEST EARTH & CITY OF KENT: SPACE SCIENCE PIPELINE By: akj-,\ By: (signa re) (signature) Print Name: Dana Raluh Pri t ame: Juan-Carlos Chavez Its Ma or Its: Associate Director z7 �1� (title) Date Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Juan-Carlos Chavez Michelle Wilmot, Economic Development Associate Director Manager NESSP/WSGC City of Kent 141 Johnson Hall 220 Fourth Avenue South PO Box 351310 Kent, WA 98032 Seattle, WA 98195 206-543-8919 253-856-54709 (telephone) Jcc5@uw.edu APPROV A O FORM: K nt L Department ATTE r Kent City Clerk Page 5 of 5 Lodging Tax Grant Agreement Northwest Earth &Space Science Pipeline Apollo 50"'Anniversary Festival EXHIBIT A Statement of Work Exhibit A - 1 Lodging Tax Grant Agreement Northwest Earth &Space Science Pipeline Apollo SOLI Anniversary Festival KENT . W i.5..i n C r O w Exhibit A — Scope of Work City of Kent Lodging Tax Grant Event/Activity: NASA Space Grant Consortium and NW Earth & Space Sciences Pipeline, Apollo Festival; A commemorative STEM festival in honor of the 50th Anniversary of Apollo Mission it Goals: • Promote a positive image for Kent by bringing a regional STEM festival, in partnership with key Kent employers, NASA and NW Earth & Space Sciences Pipeline and Space, Kent School District to the community. • Provide critical STEM exposure to 50 underserved youth, a known requirement for living-wage jobs. • Increase awareness of Kent's continuing legacy of aerospace and outer space innovation given the companies that call Kent home. • Generate economic activity due the festival bringing approximately 100 people from around the region. • Provide a channel for recruitment of next generation STEM employees. Outcomes/Deliverables: • As a hub for advanced manufacturing, supporting STEM activities locally will provide the best opportunities for area young people to gain the necessary exposure, and skills needed for success in high-demand, STEM-centric fields. • Increased awareness of Kent's STEM programming options including FIRST Robotics, Team American Rocketry Challenge, Kent School District and Green River College. • Festival kick-off event, Jan. 30, 2019, Kent Meridian HS • Festival July 20, 2019, location still TBD • Positive media attention for Kent due to events promotion. Estimated Completion: • Marketing and promotion for the July 20, 2019 festival is underway and will continue until the event conclusion, with post-event media mentions likely. Success Measures: • 50 students provided exposure to STEM in a fun and competitive setting • Economic activity due to an anticipated 100 attendees, 4 overnight hotel stays • Positive media mentions due to PR and marketing campaign leading up to the festival. Use of Funds: Activity Estimated Expenditure Marketing and advertising. $2,000 Promote, or distribute information to attract business, educators or leisure travelers. I.e. Flyers, pamphlets, etc. Marketing Campaign/operation of a special event. Social media, website e-mail. Education supplies: unmanned aerial drones, Lego $4,000 Mindstorms floor moon maps. Transportation - students with need $2,000 Buildinq use fees: rental maintenance security. 1 500 Honorarium s /Sti ends 3 500 Event food and dining supplies $2,000 Incidentals I.e. use of A/V equip., staging, etc. 1 000 Payment and Reporting: • Half of the grant award funds will be provided within 10 days of this contract's execution, with the remainder reimbursed after the completion of the event. Pease provide a reimbursement invoice, along with copies of receipts over $100, and electronically submit a Results Report as required by state law via KentWA.gov/LTAC. Reimbursements will be made within 30 days. EXHIBIT B INSURANCE REQUIREMENTS FOR LTAC GRANT AGREEMENT Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Exhibit B - 1 Lodging Tax Grant Agreement Northwest Earth &Space Science Pipeline Apollo 50th Anniversary Festival D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Exhibit B- 2 Lodging Tax Grant Agreement Northwest Earth&Space Science Pipeline Apollo 501'Anniversary Festival COMPLIANCE: & RISK SERVICES EVIDENCE OF GENERAL and AUTO LIABILITY COVERAGE Regarding: Washington NASA Space Grant Consortium's involvement in the 2019 Northwest Earth and Space Sciences Pipeline for the Apollo 501h Anniversary Festival event to be held in the City of Kent, WA, 220 Fourth Ave South, Kent, WA 98032. Covered Entity: The University of Washington —College of the Environment— Department of Earth and Space Sciences Term: 7/1/2017 through 6/30/2022 Limits: Coverage is unlimited per occurrence and in the aggregate. Policy Number: Not applicable; this is a statutorily self-insured program Form: Occurrence Conditions: Coverage applies to the negligent acts or omissions of the University of Washington and its employees, students,and agents acting in the course and scope of their University duties pursuant to RCW 28B.20.2S0 et seq. The term "agent" includes volunteers to authorized University programs. Contact: Sean Hisey (206)543-3419, fax (206)543-3773 Date Issued: January 22, 2019 Box 354964 4300 Roosevelt Way NE,Seattle,WA 98195 206.543.3659 rmcerts@uw.edu Request for Mayor's Signature KENT WAS%IN GTO Complete this form and route to the Office of the City Attorney N (Print on cherry-colored paper) Approved by Director Originator:Tanya KOsen Phone (Originator):5461 Date sent:03/20/2019 Date Required:asap Returned Signed Document to:Tanya 8 Contract Coversheet Attached Northwest Earth & Space Has this Document been Specifically Authorized Vendor Name: in the Budget? Yes ❑✓ No ❑ Date of Council Approval: N/A Account Number: 13001315.64190.1270 Brief Explanation of Document: Grant for Apollo 50th Anniversary through Northwest Earth & Space. Approved through LTAC. Date Received by City Attorney: Comments: RECEIVED Date Routed to the Mayor's Office: MAR 2 7 2019 Date Routed to the City Clerk: City of Kent Office of the MaYOF Date Returned to Originator: adccW19756_4_18