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HomeMy WebLinkAboutCAG2023-419 - Original - Inspice Productions, Inc. - Taste of Kent/Taste of Community - 07/31/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Rhonda Bylin ECD Date Sent: Date Required: > 07/25/2023 7/26/2023 Q Authorized to Sign: Date of Council Approval: Q QMayor or Desig- 16 nee 6/20/2023 Budget Account Numbe Grant? Yes No❑ 13001316.64190.1270 Budget?❑Yes❑No Type: Local 16 Vendor Name: Category Inspice Productions, Inc. Contract Vendor Number: Sub-Category: 2515650 Original 0 Project Name: Taste of Kent / Taste of Community CProject Details: Series of free chef/proprietor led tours showcasing the culinary and cultural C diversity of Kent's food scene. Tours will be promoted and documented on *, social media with the potential for traditional media exposure as well. C AgreementAmountt/1 QQ Basis for Selection of Contractor: i *Memo to Mayor must be attached 3- Start Date: 2023 Termination Date: 12/31/2024 Q Local Business? Yes❑No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes❑In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? Contract Number: ❑Yes❑No CAG2023-419 Comments: H i 3 f0 IM C C 3 0 cc a, cc Date Received:City Attorney: 7/25/23(Date Routed:Mayor's Office City Clerk's Office adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 40 Lodging Tax Grant Agreement Z�, NT VJAS H'hC IUH 1. Parties. This agreement is entered into by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and In Spice Productions, a for profit company (hereinafter the "Recipient"), located at 10816 SE 2715t Street, Kent, WA 98032. 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 Ten Thousand and no/100 Dollars ($10,000) 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, including failure in performance due to acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government, to use the lodging tax revenue as required herein or by applicable law, or fails to perform Page 1 of 5 Lodging Tax Grant Agreement 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. 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, 2024, 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 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 written consent of the City. Page 3 of 5 Lodging Tax Grant Agreement 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) Page 4 of 5 Lodging Tax Grant Agreement RECIPIENT: CITY OF KENT: By: By:—� (signature) V (signal are) Print Name: Christina 8r%kLj� Clark Print Name: Dana Ralph Its Executive Director Its Mayor Date: J V `y(r/ 1 z Date: 07/31/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Michelle Wilmot, Economic Development Christina Acckzttwey Clark Manager In Spice Productions, Inc. City of Kent 10816 SE 2715t Street 220 Fourth Avenue South Kent, WA 98030 Kent, WA 98032 206-859-9566 (telephone) 253-856-5709 (telephone) APPROVED AS TO FORM: _-- 'K,-i1t Law Depart'nent ATTEST: y„ d,4 604&l Kent City Clerk Page 5 of 5 Lodging Tax Grant Agreement Exhibit A Scope of Work Goals: • "Taste of Kent/Taste of Community" will highlight how Kent's immigrant- owned food businesses feed the local economy and nourish the community.These stores have historically served as a cultural pillar of immigrant communities, the project celebrates their contributions. The objective - show how food traditions carried through multiple generations are part of what make Kent vibrant and unique. • Taste of Kent/ Taste of Community mission is to educate and effectively communicate immigrant foods to an American born audience and drawing them to these stores. The objective - by reaching a larger base of support, thereby enhance the contribution to the prosperity of the local community of Kent. • Positioning Kent as a Global Culinary Melting Pot with the objective of promoting Kent's diversity of minority communities and their cuisine throughout King County and Kent Culinary Tourism to visitors from all over. • Our purpose to use local media including TV, Radio and social media to promote Kent as cultural destination with the objective to attract visitors to use Kent for events and discover new culture. • Expose the treasures of Kent through cuisine, stores, places of worship, cultural events and restaurants. The objective to encourage local spending and promote Kent Culinary Tourism to any visitor to WA State. Outcomes/ Deliverables: • Christina Arokiasamy, bringing over twenty-five years of world class culinary expertise, will direct the project with a mission to help minority women succeed in life and bridge equality. Her culinary projects have reached over 80,000 fans in King County alone with the aim to promote cultural diversity in WA, starting in Kent. Please visit www.themalaysiankitchen.com. • Susan Merrill, a Seattle-based freelance video producer for KCTS, will capture the minority business stories on video to be promoted on the website and for social media engagement to create culinary ambassadors for Kent. • Denise Clifton with nearly 20 years as an award-winning journalist and art director for the Seattle Times will capture the hearts of residents of King County through her innovative publishing solutions to bring the cultural stories to new audiences and encourage local spending in Kent. • Nick Kurkov, Israeli minority in Kent, will bring 15 years web development skills to create and build a new website page for Taste of Kent/Taste of Community, a digital brochure with engaging photographs, mapping of ethnic minority business into categories promoting Kent to thousands of online visitors. • As we embark on our journey to introduce this project, it will guide our thinking, our efforts and to sustain the public's interest for the long term, we propose our cultural project continue over next three years to establish "Kent Culinary Tourism" in Washington. • Marketing and Promotion of Tours, Website, Videos and Social -Media Campaign will begin in June 2023 and will continue until the event conclusion in May/June 2024. Success defined by: 1. Growth in the number of people knowing Immigrant businesses in Kent for the first- time 2. Growth in the number of people who seeking Immigrant Community/Ethnic products and food. 3. Growth in the number of people who know where to source for Asian, Indian, African, Ukrainian/European and Hispanic food. 4. Growth in the number of people wanting to visit Kent, WA 5. Growth in the number of local people wanting to support and buy from these Immigrant Businesses How to measure this - We will require statistics or benchmarks as a foundation in order to build a complete return on investment model at this point. However, my team will incorporate everything from unique URLs to campaign hashtags to advanced analytics and reporting to track success and optimize when necessary. Data will also be acquired through the stores success and analytical exposure obtained from social sites where campaign is promoted. Campaign Timeline: January to February 2023 Identify professional project team (with min 15 years of experience) February 2023 Meet minority businesses and shared the vision/purpose of this project March to May 2023 The Video Team visit onsite locations to set up. June - July 2023 Video interview with chef Arokiasamy introducing Kent project. Video interview Dylan High at Brieter House to introduce the Kent Museum Partnership Writing of Tour Leaflet Promote Diverse Kent Joint marketing with GKHS ... Photos of Kent's development, talks, events Press release to "If You Visit Kent" to media Lead Tour July 2023 Social Media Outreach Campaign Promote Immigrant Businesses Video post-production/editing, color-correction, motion graphics, audio mixing. Printing leaflets/distribution. Lead Tour August to Sept 2023 Videos on Social Media, Instagram and U Tube Channel. Taste of Kent FB Promotion Press release to "If You Visit Kent" Lead Tour Video on minority business personal journey September 2023 Website research/development. Lead Tour Video post-production October/December 2023 Website upload live Shoot videos sharing ingredients available from the stores during the tour Lead Tour December/January/ February 2024 Social media outreach Project and Advertisements Video post-production Posting Market Videos on webpage February/March 2024 - social media April/May/June 2024 Press release to "If You Visit Kent" to media/radio. Lead Tour Video post-production Curate/Advertise on Social media to develop an online community Marketing/PR efforts to drive new fans to Kent 26. Additional Forms If your application is awarded a grant, these forms are required for contracting purposes. To expedite the process, please submit the following forms to LTAC@KentWA.gov: Vendor Form for Grant Recipient (PDF) Form W-9 (PDF) Copy of Current Insurance Certificate. While not required at time of application, grant awardees must obtain levels of insurance prescribed in Insurance Requirements for LTAC Grant Agreement (PDF) You may also submit any supporting documentation (presentations, reports, links, etc) to LTAC@KentWA.gov. Be sure to note the name of your organization and activity/project referenced in your application in the email subject line. Keep the size of each email, with attachments, to less than 10 MB. 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 7DAIE(MM/DDIYYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE /20/2023 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 CONTACT NAME: HISCOX Inc. (AI PHONE Ex : (888)202-3007 p/C No): 5 Concourse Parkway E-MAIL Suite 2150 ADDRESS: contact@hiscox.com Atlanta GA,30328 INSURERS AFFORDING COVERAGE NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B: In Spice Productions,Inc. DBA In Spice Productions,Inc. INSURER C: 10816 SE 271 St Kent,WA 98030 INSURER D: INSURER E: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDIYYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAG CLAIMS-MADE � OCCUR PREMISESa occur ante $ 100,000 MED EXP(Any one person) $ 5,000 A P102.151.539.1 07/20/2023 07/20/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JEC LOC PRODUCTS-COMP/OP AGG $ S/T Gen.Agg. OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED Per acciden PROPERTY t $DAMAGE HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I 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 1 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 40 I"I I SCOX Hiscox Insurance Company Inc. Policy Number: P102.151.539.1 Named Insured: In Spice Productions, Inc. DBA In Spice Productions, Inc. Endorsement Number: 21 Endorsement Effective: 07/25/2023 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 PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Kent 400 West Gowe Kent, WA 98032 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, 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 omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1