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HomeMy WebLinkAboutGRA2019-015 - Original - Space Frontier Foundation - Networking Events to Promote Kent - 04/29/2019 ENT 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: SPACE FRONTIER FOUNDATION 1217392 Vendor Number (3DE): Contract Number (City Clerk): C-z�('61 oto/I-OAS Category: Grant Related Agreement (Non-Real Property) Sub-Category (if applicable): None Project Name: Networking/Events to Promote Kent -,01-9-<I upon execution 12/31/2019 Contract Execution Date: Termination Date: Contract Manager: Michelle WilmotDepartment: ECD Contract Amount: 51 ,300.00 Budgeted: , Grant? Part of NEW Budget: 7 7 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: 11Z 'U� Lodging Tax Grant Agreement KENT W.-..T.N 1. Parties. This agreement is entered into by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Space Frontier Foundation, a nonprofit (hereinafter the "Recipient"), located at 9318 Warren Street, Silver Spring, Maryland 20910. 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 Fifty-One Thousand Three Hundred and 00/100 Dollars ($51,300.00) 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 Space Frontier Foundation 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 Space Frontier Foundation 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. 15. 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 Space Frontier Foundation 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 Space Frontier Foundation RECIPIENT: SPACE FRONTIER CITY OF KENT: FOUNDATION By: By — 4 (signature) ure) Print Name: Dana Ralph Print Name: Jeff Feige Its Mayor Its: Chairman of the Space Frontier Foundation Date: 4/24/2019 Date NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Jeff Feige Michelle Wilmot, Economic Development Space Frontier Foundation Manager 9318 Warren Street City of Kent Silver Spring, MD 20910 220 Fourth Avenue South Kent, WA 98032 410-963-2209 (telephone) 253-856-54709 (telephone) Email: newspacel9@spacefrontier.org APP VED TO FO Ken aw Department ATTEST: Ke t City Clerk Page 5 of 5 Lodging Tax Grant Agreement Space Frontier Foundation EXHIBIT A Statement of Work Exhibit A- 1 Lodging Tax Grant Agreement Space Frontier Foundation KE0 T Kent Exhibit A — Scope of Work City of Kent Lodging Tax Grant 1. Event/Activity: Space Frontier Foundation New Space Conference 2019: Students for the Exploration and Development of Space (SEDS) Job Fair and Networking Event-Green River College Goals: • Provide an opportunity for local employers to highlight their needs to a prequalified group of aerospace and astronautics students seeking employment in the Greater Seattle metro. • Provide more students the opportunity to attend the job fair's primary event, the New Space conference, for networking with area employers. • Promote a positive image for Kent and the region by bringing a national organization job fair, in partnership with key Kent and regional employers, to the community. • Increase awareness of Kent's continuing legacy of aerospace and outer space innovation given the companies that call Kent home. • Provide a channel for recruitment of next generation STEM employees. Outcomes/Del ivera bles: • As one of the leading cities in aerospace manufacturing, area employers and approximately 300 student job-seekers will make valuable connections to fill needed jobs in these employment sectors. • Positive media attention for Kent and its local employers due to job fair promotion. Estimated Completion: • Marketing and promotion for the July 15, 2019 job fair is underway and will continue until the event conclusion, with post-event media mentions likely. Success Measures: • 300+ student job seekers provided exposure to top aerospace and outer space employers • Economic activity due to an anticipated 300 attendees, 100 overnight hotel stays • Positive media mentions due to PR and marketing campaign for the job fair. Use of Funds: Activity Estimated Expenditure Advertise, promote, or distribute information to attract $ business or leisure travelers Strategy development for tourism expansion Operating tourism promotion agency $ Marketing/operation of a special event $30,000 2. Event/Activity: Space Frontier Foundation New Space Conference 2019: Aerospace Futures Alliance & WA State Space Coalition Local Industry Promotion Event Goals: • Bring aerospace and space sector business representatives together for networking with investors and business owners. As a regional focal point for New Space, promotion of the area will drive potential further investment and grow the space industry in the Kent Valley Outcomes/Deliverables: • Half day event in Kent, July 2019, specific date and location TBD • Positive media attention for Kent and its local employers due to event promotion via communication channels, extensive networks, educational partners, economic development entities and industry associations. Estimated Completion: • Marketing and promotion for the New Space Conference July 16-18, 2019 is underway and will continue until the event conclusion, with post-event media mentions likely. Success Measures: • 300+ business representatives will be exposed to Kent's attributes and amenities in the New Space sector. • Economic activity due to an anticipated 300 attendees, 75 overnight hotel stays • Positive media mentions due to PR and marketing campaign leading up to the event. Use of Funds: Activity Estimated Expenditure Advertise, promote, or distribute information to attract $ business or leisure travelers Strategy development for tourism expansion $ Operating tourism promotion agency $ Marketing/operation of a special event $1 300 3. Event/Activity: Space Frontier Foundation New Space Conference 2019: Marketing Kent as a business destination Goals: • Utilize the services of a local PR firm to help drive and build awareness to strengthen the position the Kent Valley as a leading space destination for business, talent, investors and visitors as part of the overall marketing of the New Space Conference. Outcomes/Deliverables: • Increased awareness about Kent's continuing legacy of aerospace and outer space innovation, and its local employers in these sectors due to event promotion and media coverage. • Local restaurants, bars, cafe's will be promoted to host pre and post conference networking events. Estimated Completion: Marketing and promotion for the New Space Conference July 16-18, 2019 is underway and will continue until the event conclusion, with post-event media mentions likely. Success Measures: 1200 attendees will be exposed to Kent's attributes and amenities in the New Space sector. Economic activity due to an anticipated 250 overnight hotel stays, each with 2-3 room nights Positive media mentions due to PR and marketing campaign leading up to and during the conference and associated networking events. Use of Funds: Activity Estimated Expenditure Advertise, promote, or distribute information to attract $ business or leisure travelers Strategy development for tourism expansion $ Operating tourism promotion agency $ Marketing/operation of a special event $20,000 Payment and Reporting for all THREE Activities: • Half of the total grant award funds will be provided within 10 days of this contract's execution, with the remainder reimbursed after the completion of the three activities. 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 Space Frontier Foundation 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 Space Frontier Foundation ��® DATE(MM/DD/YYYY) Ac" CERTIFICATE OF LIABILITY INSURANCE 04/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Will Maddux _ PRODUCER NAME: _... East Main Street Insurance Services,Inc. PHONE -6521 FAx A/C No E xt: (530 477) (A/c,No): Will Maddux ADDRESS: info@theeventhelper.com PO Box 1298 INSURERS AFFORDING COVERAGE NAIC# Grass Valley CA 95945 INSURERA: Evanston Insurance Company 35378 INSURED INSURER B: _. Space Frontier Foundation INSURER C: Amaresh Kollipara INSURER D: 9318 Warren St. INSURER E: Silver Spring MD 20910 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'ADDL SUER - _- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYY LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 100,000 - X Host Liquor Liability MED EXP(Any one person) $ 5,000 A Retail Liquor Liability Y 3DS5468-M1296275 07/16/2019 07/20/2019 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 12:01 AM 12:01 AM GENERAL AGGREGATE $ 3,000,000 X POLICY� JECOT I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER Deductible $ 1,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident _ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS --.-_- HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑''N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ i i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder listed below is named as additional insured per attached MEGL 2217 01 19. Attendance: 1800,Event Type:Conference-Indoor. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent,Washington Kent,a Washington municipal corporation AUTHORIZED REPRESENTATIVE // 220 Fourth Avenue South ,r,�Tt Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3DS5468-M1296275 kRKE`® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): The City of Kent City of Kent, Washington Kent, a Washington municipal corporation 220 Fourth Avenue South Kent, WA 98032 A. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by the acts or omissions of any insured listed under Paragraph 1. or 2. of Section II —Who Is An Insured: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 2217 01 19 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. Request for Mayor's Signature KEN T WA 5 t71N OTON Complete this form and route to the Office of the City Attorney (Print on cherry-colored paper) Approved by Director Originator:Tanya Kosen Phone (Originator):546 1 Date Sent:04/25/2019 Date Required:asap Returned Signed Document to:Tanya ❑Contract Coversheet Attached Yes Has this Document been Specifically Authorized Vendor Name:Space Frontier Foundation in the Budget? Yes ❑No Date of Council Approval: N/A Account Number: 13001315.64190.1270 Brief Explanation of Document: LTAC Grant Agreement RECEIVED APR L 0" 2019 KENT LAW DEPT. RECEIVED APR 2 9 2019 City of Kent Date Received by City Attorney: Office of the Mayor Comments.- Date Routed to the Mayor's Office: 1/9 Date Routed to the City Clerk: 4/Z__Q1>9 Date Returned to Originator: ad(cW19756_4_18