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HomeMy WebLinkAboutCAG2021-119 - Original - Kent Chamber of Commerce - Lodging Tax Grant Agreement - 01/01/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 200821 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached Page 1 of 5 Lodging Tax Grant Agreement Kent Chamber of Commerce Z 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 Kent Chamber of Commerce, a 501 (c) 6 (hereinafter the “Recipient”), located at 524 West Meeker Street, Suite1, Kent, Washington 98032, 253-854-1770. It should be noted a prior agreement was executed on the 12th of December, 2019. The parties therefore mutually agree that this agreement rescinds and replaces the prior agreement. 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 Nineteen Thousand and 00/100 Dollars ($19,000.00) 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 Page 2 of 5 Lodging Tax Grant Agreement Kent Chamber of Commerce 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 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 or on January 1, 2020, whichever is later, and shall terminate once Recipient expends the lodging tax revenue or on December 31, 2020, 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. 8.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. Page 3 of 5 Lodging Tax Grant Agreement Kent Chamber of Commerce 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. 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. Page 4 of 5 Lodging Tax Grant Agreement Kent Chamber of Commerce 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. 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. 21.Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. (Remainder of Page left blank intentionally) RECIP-Z"T: Kkht Chamber of I CITY OF KENT: By: By (signature) (signature) Print UNae: Zenovia Harris Print Name: Dana Ralph ItsExecutive Officer Its Mayor (title) Date: Date: 03/10/2021 NOTICES TO BE SENT TO: i NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Zenovia Harris Michelle Wilmot Kent Chamber of Commerce City of Kent 524 W Meeker St, #1 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 zharris�kentchamber.com (253) 856-5709 (telephone) 253-8541770 (telephone) APPROVE1113 AS TO F RM: G —` K�rit Law Depart edit ATTEST: Kent Cit Clerk Page 5 of Lodging Tax Grant Agreement Kent Chamber of Commerce Exhibit A - 1 Lodging Tax Grant Agreement Kent Chamber of Commerce EXHIBIT A Statement of Work Goals • This grant will help the chamber tell the story of Kent and our legacy via events, newsletter publications, videos, radio, local news and more. We want to be a one-stop-shop and provide a welcoming and tech-savvy tourism Information Center to showcase Kent businesses 24/7. The goal of this grant is to provide the Kent Valley and surrounding areas with highlights and help Kent Chamber showcase our diversity and unique role in economic development for the state of WA. This grant will also allow the Chamber to reach both member and non-member business owners to showcase why and how we are the 3rd largest city in King county. • Provide residents with a printed and digital copy of the Relocation Guide/ business directory. As the community changes the online relocation guide will change quarterly to reflect our growth. • Provide Diversity & Inclusion Conference & Hiring event to showcase Kent's diversity in leadership and industry-specific hiring events Partner with Aerospace, advanced manufacturing companies, and temp agency to fill chronically unfilled positions. • Provide Business Incubator Space that grassroots startups and small business owners can use to cultivate their businesses. • Highlight and bring awareness to all events quarterly “best of” or “have you heard” Kent Video Series (members & non-members) hosted on kentchamber.com, (Kent Businesses Only) Outcomes / Deliverables • 4 videos shot on location for multiple businesses in the Kent Valley • Press release on major news and radio to showcase and promote our events • Help tell the story of our aerospace legacy • Provide businesses with entry office space and help secure Kent locations • 4K printed directories distributed in Kent and surrounding areas - over 5K shared online, updated quarterly, informed residents • Bring local household names to the City of Kent for this event, recognize companies in Kent leading the way in D & I. • Hiring event with small and large WA companies , 40+ companies, 1500+ attendees, Overnight stays • 80% usage of incubator space quarter 2, 3 & 4 • Help businesses thrive and allow use of our services ie internet, copy, computer, fax, etc. • Best of Best videos; Partner with the City to choose which business to highlight, Both member and non-member highlights, Partner with WCCE & AWB to determine industry leaders to promote, Partner with Mayor Ralph on video Estimated Completion Date Exhibit A - 2 Lodging Tax Grant Agreement Kent Chamber of Commerce This will be an ongoing project with the tourism center, relocation guides, videos and newsletter. The events listed above will all be completed by October 2020. Success Measures • 3K - 5K+ event attendees will be exposed to the jobs, business opportunities and diversity leaders available in the Kent Valley. • Regional, state and national recognition of the innovation in Kent. Gain that spotlight in the media and to seek out additional awards and recognition • Increase usership by 25% year over year in events and social media presence. Outline the timeline and milestones for project completion into a list. Include dates and expectations for key activities. January 2020 - December 2020 4k printed directories delivered. 5k+ electronic views on Kentchamber.com -Relocation Guide June 2020 Diversity Conference & Hiring event – 2 days - minority women in leadership conference/nontraditional careers/diversity & equity (King County residents) Year-round - Tourism Information Center – upgrade to host events in the space (King County residents) Year-round - Visit Kent section on website via Kentchamber.com enhancements (US) Year-round - Business Incubator Space– Jan, April July. October 2020 Quarterly “best of” or “have you heard of” Kent Video Series What is the projected overall attendance at your proposed event/activity? 6000+ (includes website and mail engagement) What is the projected number of attendees who will stay in Kent overnight in paid accommodations? 100 -500 (heavily relied on hiring and diversity events Exhibit B - 1 Lodging Tax Grant Agreement Kent Chamber of Commerce 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 - 2 Lodging Tax Grant Agreement Kent Chamber of Commerce 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. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/10/2019 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 endorsements . PRODUCER NAME. John Scully Scully Agency 603 Central Ave N PHONE (253) 277-8922 alX No E-MAIL on scull a enc ADDRESS: h@ Y 9 y.Com INSURERS AFFORDING COVERAGE NAIC M Kent WA 98032 INSURERA: WESTCHESTER SURPLUS LINES INS CO 10172 INSURED INSURER B : Kent Chamber of Commerce INSURER C : 524 W. Meeker St INSURER D : Unit 1 INSURER E : Kent WA 98032 1 INSURER F UUVtKALdtN f-FRTIFICATF NIIMRFR• ocvrmnu .1 uaoco. 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. INSRLTR TYPE OF INSURANCE ;ADDLwqniSUBR POLICY NUMBER MM DDY EFPOLICY MM DYYYV LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X� OCCUR DAMA E TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 A Y Y NFPWAD385955562-005 10/12/2019 10/12/2020 PERSONAL BADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- [ JECT _] LOC GENERAL AGGREGATE $ 2,000,000 GEN'L X PRODUCTS - COMP/OP AGG $ 1,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ A X OWNED SCHEDULED AUTOS ONLY AUTOS Y Y NFPWAD385955562-005 10/12/2019 10/12/2020 BODILY Per accident ( ) $ HIRED V NON -OWNED AUTOS ONLY /� AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Kent shall be named as and additional insured for 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. Consultants insurance shall be endorsed to state the coverage shall not be cancelled by either party, exept after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 WEST GOWE AUTHORIZEDDRREPRRESENTATIVE Kent WA 98032 (zar • JGdr'* C&. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: NFPWAD385955562-005 BUSINESSOWNERS BP 04 48 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Persons Or Organ izations : City of Kent Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Liability is amended as follows: A. The following is added to Paragraph C. Who Is An Insured: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. 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 Paragraph D. Liability And Medical Expenses 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. BP 04 48 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1