HomeMy WebLinkAboutGRA2019-042 - Original - accesso ShoWare Center - Lodgeing Tax Grant Agreement: City of Kent Marketing - 08/19/2019 Agreement Routing Form
KENT For Approvals,Signatures and Records Management
WAS ti.I I.T.N
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Originator: Tanya / Rhonda Department. ECD
Date Sent. 08/15/2019 Date Required: asap
Ta
Authorized Director or Designee Date of
p, to Sign: Council
Mayor Approval:
Budget 13001315.64190.1270 Grant? RI Yes No
Account
Number: Type: Local
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Vendor AccessoShoWare Category: Tc' 'C
Name:
o Vendor 1650402 Sub-Category Other
o Number:
EProject Marketing for City of Kent
Name:
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c Project
Z Details:
c
£ Agreement $60,000 Basis for
y Amount: Selection of
L Contractor.
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Start Date: upon execution Termination Date: 12/31/2019
Notice required prior to Yes No Contract Number. C.F-/f 4 pZ U/rj—OL42,
disclosure?
e ytVt eE�.' D Comments:
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o AUG 15 2019
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p, Date Routed to the Mayor's Office:
rA AUG 19 2019
d Date Routed to the Cqy Clerk's Office:
City of Kent
QffiGQ of the Mayor
Date Sent to Originator:
Visit Documents.KentWA.gov to obtain copies of all agreements
adccW22373.6.19
�-�NT ' Lodging Tax Grant Agreement
1. Parties. This agreement is entered into by and between the City of Kent, a
Washington municipal corporation (hereinafter the "City"), and Accesso ShoWare
Center, owned and operated by the City of Kent (hereinafter the "Recipient"),
located at 625 West James Street, Kent, Washington 98032, 253-856-6705.
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 Sixty Thousand and 00/100 Dollars ($60,000) 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
Page 1 of 5 Lodging Tax Grant Agreement
Accesso ShoWare Center
Annual Marketing
of the City, repay the lodging tax revenue to the City. Interest shall accrue at the
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
Page 2 of S Lodging Tax Grant Agreement
Accesso ShoWare Center
Annual Marketing
the City shall be in writing and delivered to the other party.
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
Accesso ShoWare Center
Annual Marketing
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
Accesso ShoWare Center
Annual Marketing
RECIPIENT: ACCESSO SHOWARE CITY OF KENT:
CENTER �(
ByA a f
By: (signature)
signature) Print Name: Dana Ralph
Print Name: Tim Higgins Its Ma or _
Its: General Manager
(;tie) Date:_
Date: _I_ °� `
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
RECIPIENT: CITY OF KENT:
Vj
lqi g l '* Michelle Wilmot, Economic Development
Accesso ShoWare Center Manager
625 W James St City of Kent
Kent, WA 98032 220 Fourth Avenue South
253-856-6795 (telephone) Kent, WA 98032
G7o( 253-856-54709 (telephone)
APPROVftq S TO FO
Ke t L Department
Z
Kent CityCler
Page 5 of 5 Lodging Tax Grant Agreement
Accesso ShoWare Center
Annual Marketing
EXHIBIT A
Statement of Work
Funding from the LTAC for the accesso ShoWare Center FYE 2019 in the amount of
$60,000 will be used for the following 3 events.
• Christmas Contata - September 25 - this is a free event that is brought to
the community by International Youth and Fellowship and promotes a strong
benefit to the community as this will bring approximately 3,000 guests to the
core of Downtown Kent while promoting the Visit Kent brand. Lodging Tax
funding will be $10,000 towards accesso ShoWare Center expenses.
* Womens Flat Track Roller Derby Association. Sept 12 -15. This event will
bring approximately 12 - 15 teams from throughout the country to compete
in this tournament. It is estimated, this event will generate approximately
500 hotel room nights throughout the 4 day event. Lodging tax funding will
be in the amount of $25,000 to assist with accesso ShoWare Center
expenses.
• Cirque Musica Holiday Nov 21 - this event is being sponsored by accesso
ShoWare Center and the city, and will promote Kent not only as a leisure
destination but is a significant benefit to the community bringing
approximately 4,000 guests to the core of Downtown Kent. Lodging tax
contribution for this event $25,000 to cover promotional expenses.
Exhibit A-1 Lodging Tax Grant Agreement
Accesso ShoWare Center
Annual Marketing
EXHIBIT B
INSURANCE REQUIREMENTS
No Insurance is required for this Contract.
Kosen, Tanya
From: Hills, Chris
Sent: Thursday, August 15, 2019 9:21 AM
To: Kosen, Tanya
Subject: RE:AccessoShoware?
Attachments: No Insurance.pdf
You can attach this...
Chris Hills, ARM-P, CRM, Risk Manager
Risk Management Division I Human Resources Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5285 1 Fax 253-856-6270
chills@KentWA.gov
CITY OF KENT,WASHINGTON
KentWA.aov Facebook Twitte YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
From: Kosen,Tanya <TKosen@kentwa.gov>
Sent:Thursday, August 15, 2019 9:20 AM
To: Hills, Chris<CHills@kentwa.gov>
Subject: RE:AccessoShoware?
AccessoShoware
From: Hills, Chris
Sent:Thursday, August 15, 2019 9:20 AM
To: Kosen, Tanya <TKosen@kentwa.gov>
Subject: RE:AccessoShoware?
Is the grant to AccessoShoWare, or SMG?
Chris Hills, ARM-P, CRM, Risk Manager
Risk Management Division I Human Resources Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5285 I Fax 253-856-6270
chills(@KentWA.Qov
CITY OF KENT, WASHINGTON
KentWA.00v Facebook gttp,, YouTube
PLEASE CONSIDER T^IE 1-NVT6RONMENT BEFORE PRINTING THIS E-MAIL
From: Kosen, Tanya <TKosen@kentwa.gov>
Sent:Thursday, August 15, 2019 9:05 AM
To: Hills, Chris<CHills@kentwa.gov>
Subject:AccessoShoware?
Hi Chris,
I'm completing the contract for a grant to AccessoShoware and Rhonda said we don't require Insurance from them
because they are us. Do I just remove Exhibit B?
1
Thanks!
Tanya
Tanya Kosen,Planning Technician
Administration I Economic& Community Development
220 Fourth Avenue South, Kent,WA 98032
253-856-5461
tkose[j@kentwa.go
CITY OF KENT,WASHINGTON
KentWA.gov Facebook - - YouTube
PLEASE CONSIDER THE ENVIRONIV,-I ICE GRE PRINTING`THIS E-MAIL
2