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
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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.
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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.
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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
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