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HomeMy WebLinkAboutGRA2019-043 - Original - Aerospace Futures Alliance - Lodging Tax Grant Award: TITANIUM Level Sponsorship to AFA Summit - 09/05/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management WA.-I. ON 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. 08/29/2019 Date Required: asap io C Authorized ❑ Director or Designee Date of C to Sign: Council as Mayor Approval: Budget Grant? ❑� Yes No Account Number: Type: Local Vendor Aerospace Futures Alliance (AFA) Category: Grant:Non-Real Property Name: c Vendor 1966816 Sub-Category o Number. EProject Summit L Name.- 0 c Project Z Details: c EAgreement $8600 Basis for y Amount: Selection of L Contractor: a Start Date: upon execution Termination Date: 12/31/2019 Notice required prior to Yes No Contract Number: disclosure? 1 1 Dot y i t Comments: fVED o� c AUG 3 0 2019 0 cc y KENT LAW DEPT NR C I V Date Routed to the Mayor's Office: sEP 03 2019 CP Date Routed to the City Clerk's Office: City Of Kent.� d l M r Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373.A.19 T 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 Aerospace Futures Alliance and the Washington State Space Coalition, a nonprofit (hereinafter the "Recipient"), located at PO Box 26552, Federal Way, WA 98093, 253-632-0381. 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 Eight Thousand Six Hundred and 00/100 Dollars ($8,600.00) 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 a request for reimbursement with supporting documentation to the City Clerk. The Recipient shall use City forms unless otherwise authorized by the City. 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 Aerospace Futures Alliance and the Washington State Space Coalition 14th Annual Aerospace Summit with AFA&WSSC 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. 5. 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. Page 2 of 5 Lodging Tax Grant Agreement Aerospace Futures Alliance and the Washington State Space Coalition 141 Annual Aerospace Summit with AFA&WSSC 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. 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 Page 3 of 5 Lodging Tax Grant Agreement Aerospace Futures Alliance and the Washington State Space Coalition 14t^Annual Aerospace Summit with AFA&WSSC written consent of the City. 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 Aerospace Futures Alliance and the Washington State Space Coalition 141"Annual Aerospace Summit with AFA&WSSC RECIPIENT: CITY OF KENT: (signature) (signatu e) Print Name: Kelly Maloney Print Name: Dana Ralph Its: President & CEO Its mavor _ / (title) Date:_ `71 �dj 1 Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Kelly Maloney Michelle Wilmot, Economic Development Aerospace Futures Alliance & the Manager Washington State Space Coalition City of Kent PO Box 26552 220 Fourth Avenue South Federal Way, WA 98093 Kent, WA 98032 253-632-0381 (telephone) 253-856-54709 (telephone) APPROV OFORM: nt Caw Department ATTES : VW\ &t"�l Kent City Clerk Page 5 of 5 Lodging Tax Grant Agreement Aerospace Futures Alliance and the Washington State Space Coalition 141"Annual Aerospace Summit with AFA&WSSC EXHIBIT A Statement of Work The Lodging Tax Grant Award will purchase a TITANIUM Level Sponsorship to include: • (8) Conference Registrations • Full page ad in LIFT (Conference issue $1540 value) • Logo in LIFT magazine • Bylined article in LIFT (Paris Air Show issue) • Opportunity for large scale display (e.g., astronaut or other display of your choice) • Logo in Event Program • Logo displayed during Summit • Logo in Printed Ads • Logo on AFA social media pages • Logo on WSSC social media pages • Logo on AFA web site • Logo in AFA and WSSC eNewsletters • Inclusion in event press release • Brochure in attendee packets • 8) Free drink tickets at reception • Trade Show Booth Exhibit A- 1 Lodging Tax Grant Agreement Aerospace Futures Alliance and the Washington State Space Coalition with AFA&WSSC 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. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Exhibit B- 1 Lodging Tax Grant Agreement 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 ACC R P CERTIFICATE OF LIABILITY INSURANCE DATE`MWDONYYY) 08i28l2019 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 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). PRODUCER CONTACT NAME: Stanford Insurance PHONE FAX iN&No Ext. AJC No: 909 S 336th Street#102 ADDRESS: INSURER Si AFFOR04NG COVERAGE NAIC e Federal Vera WA 98003 INSURER A: Mesa Underwriters S cia) Insurance Company 36838 INSURED INSURER B: Aerospace Futures Alliance Of Washington INSURER C: PO Box 26552 INSURER D: INSURER E: Federal Way V!A 98093 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 TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE IµSO tVV POLICY NUMBER POLICY EFF IDlYYYY POLICY LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR P 1 ❑ 'e, $ 100,000 MED EXP(Any one arson $ 5,000 A Y MPOO46001002401 12/10/2018 12J1012019 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE OMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY❑JEGT pR0 O LGC PRODUCTS-COVPtORAGG $ Included OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ent ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY{Per accident) s RED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS er $ HI fP S UMBRELLA UAS OCCUR EACH OCCURRENCE $ EXCESS U AS CLAIMS-MACE AGGREGATE $ DED 1 1 RETENTION$ $ WORKERS COMPENSATION I PER OTH- AND EMPLOYERS'LIABILITY Y t N TATUTE FR ANY PROPRIFTORIPARTNER/EXECUTrfE NIA E.I.EACH ACCIDENT $ OFFICERlVEMBER EXCLUDED' EN _ (Mandatory In NH) E.L.DISEASE•EA EMPLOYE' S It yyes describe ulde, ._.._ DES A PTION OF OPERATIONS below EL DISEASE-POLICY LIMIT s DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space Is rewired) 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. 625 W James St AUTHORIZED REPRESENTATIVE Kent WA 98032 Ykl O 1988-2014 ACORD CORPORATION. All rights reserved. AGORD 26(2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MP00ee001002401 COMMERCIAL GENERAL LIABILITY CG2010u413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ YTCAREFULLY. A����UlFU�����U INSURED ~~ ����������S LESSEES ����- - ' ' -- ' - -- ^^ ~��^ ^�= ~�~°"��"�� ���������� ~�"n ������l�����lF����� _~ SCHEDULED ������������ ����CONTRACTORS. . ~. .~~ ~ ~~" "~° PERSON ��ox ��U����A�K���l�U��U� ��v�����o�n���� vo��o� This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Or anization(s): T he City of Kent 625 W James St Kent, Wa. 98032 [Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section || — YVhu Is An Insured is amended to B. mxth respect to the insurance afforded to these include auanadditional insured the person(s) o, additional insvneda, the following additional organization(s) shown in the Oohegu|e out only exclusions apply: with respect Vo.|iabilxy for''bodi�injury", "property This insurance does not apply to "bodily injury" or damage" .nor .|pe,�mo/ and advertising injury" ^pmp*�vdamage"ncounnngm*ec part,or in -' 1. Your acts n,omissions: or 1' All work, including materials. parts o, equipment furnished in connection with such %. The acts or omissions of those acting on your work, on the project (other than service behalf: maintenance or repairs) to be performed by o' in the performance of your ongoing operations for on behalf of the additional insured(s) a/ the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed. or However. 2. That portion of "your work" out of which the 1' The insurance afforded to such additional intended »r damage arises has been put �p its inwumdonly applies to the extent permitted by i"�en��� »»« �Y any person or organization law- and other than another contractor o, nubnontra/�ur engaged in performing operations for e J. |f coverage provided{o the additional insured in principal aoa part of the same project. required by a contract o, agreement. the insurance afforded to such additional insured will not be broader than that which you one required by the contract or agreement to provide for such additional insured. CG2O1O0413 oD Insurance Services Office. |no.. 2O12 Page of zno""em Copy C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional inauredn, the following is added to Insurance ohown��eDeclarations- Section U|—LimhmOf|nourance' ' ' whichever inless. If coverage provided to the additional insured is �ouieduyacon�na��o,ageomnn� �hemmm�e This end«�«ments»aVnot inceeaethe app|�ame �iUPaYonbeha� of�headd|bona| i'nsuredis �he Limits of Insurance shown in the Dec�raUons. amount ofinsurance: 1. Required by the contract or agreement:or CG201U0418 (�-)Insurance Services Office, ino.. 001z Page 2oy3