Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract
ANERMEW Port of Seattle AGREEMENT - S-00520216 CAG-20-110 THIS AGREEMENT is between the Port Seattle (the "Port") and City of Renton (the "Vendor"), who, in consideration of the mutual promises contained herein, agree: 1. SERVICE Vendor shall furnish the Service(s) specified or indicated in the Agreement Documents which are generally described as Agreement for Promotion Services (hereinafter also referred to as the "Services") as specified herein. 2. AGREEMENT TIME The initial term of this Agreement shall commence on the date of execution by the Port and shall not to extend beyond November 30, 2020. AGREEMENT RATES Payment will be made on a firm fixed price (lump sum) basis in accordance with the mutually agreed upon Milestones and Schedule of Fees set forth in the Scope of Work/Specific Requirements, Attachment B. The total potential compensation payable to Vendor shalt not exceed $5,000.00. Said compensation shall fully compensate Vendor for all risk, Loss, damages or expense of whatever character arising out of the nature of the Services or the prosecution thereof; and for at( expenses incurred in the consequence of the suspension or discontinuance of the Services as specified under this Agreement. 4_ ORDER OF PRECEDENCE The provisions of this Agreement are complimentary and shall be interpreted to give effect to all of its provisions. The Agreement Documents set forth below represent the entire and integrated Agreement between the Port of Seattle and City of Renton. Any inconsistency in the Agreement Documents shall be resolved in the following order of precedence: 1. Agreements Amendments Executed after Agreement Award 2. The Agreement 3. General Conditions, Attachment A 4. Scope of Work/Specific Requirements, Attachment B The Agreement Documents set forth above represent the entire and integrated Agreement between the parties hereto. Agreement - 2020 Tourism Marketing Support Program Contract No. 5-00320215 v4.30.2020 Page I of 15 Port Of Seattle The parties hereto have signed this Agreement in duplicate. One counterpart each has been delivered to the Port and Vendor. POkT OF SEATTLE By: Connie Davis Buyer, Purchasing Signature 7 --P-n-.c) Doted Address for Giving Notice: Port of Seattle, CPO - Procurement P.O. Box 1209 Seattle, WA 98111 Phone (206) 728-5615 By: Armondo Pavone Mayor Signature 5-26-2020 Doted Address for Giving Notice: City of Renton - City Hall 1055 5 Grady Way Renton, WA 98057 Email: ikotar.5ki@rentonwa.gov Phone: (425) 430-7271 ATTEST: P. ;�6 Jason A. Seth, City Clerk 4 Agreement - 2024 Tourism Marketing Support Program Contract No. 5-00320216 v4.30.202Q Page 2 of 15 Port of Seattle ATTAU MENT A - GENEM CONDITIONS GC -I TITLES OR HEADINGS: The titles or headings of the sections, divisions, parts, articles, paragraphs, or subparagraphs, of the Contract documents are intended only for convenience of reference and shall not be considered as having any bearing on the interpretation of the text. GC-2 ABBREMTIONS: Abbreviations may be utilized throughout the Contract Documents. Any such abbreviation, unless well-known technical, trade meaning commonly understood in the Vendor's industry, will be defined in the particular portion of the Contract Documents where it is used. GC-5 INDEMNIFICATION AND HOLD HARMLESS_ A. Vendor shall defend, indemnify, and hold harmless the Port, its Commissioners, officers, employees, and agents (hereafter, collectively, the "Port") from all liability, claims, damages, losses, and expenses (including, but not limited to attorneys' and consultants' fees and other expenses of litigation or arbitration) arising out of or related to the fulfillment of this Contract (including, without limitation, product liability claims by persons who may subsequently purchase the Services from the Port, claims for patent, trademark, copyright, trade or franchising infringement, and from all claims arising from Vendors failure to comply with paragraphs GC-5, GC-6, GC-14 of these General Conditions); Provided, however, if and to the extent that these General Conditions are construed to be relative to the construction, alternation, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving or demolition in connection therewith, and therefore subject to Section 4.24.115 of the Revised Code of Washington, it is agreed that where such liability, claim, damage, loss or expense arises tram the concurrent negligence of (1) the Port, and (2) Vendor, its agents, or its employees, it is expressly agreed that Vendor's obligations of indemnity under this paragraph shall be effective only to the extent of Vendor's negligence. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any person or entity described in this paragraph. This paragraph shall not be construed so as to require Vendor to defend, indemnify, or hold harmless the Port from such claims, damages, Losses or expenses caused by or resulting from the sole negligence of the Port. B. In any and all claims against the Port, by any employee of Vendor, its agent, anyone directly or indirectly employed by either of them, or anyone for whose acts any of them may be liable, the indemnification obligation of subparagraph "A" above shall not be limited in any way by any limitation on the amount or type of damages, compensation benefits payable by or for Vendor, or other person under applicable industrial insurance laws (including, but not limited to Title 51 of the Revised Code of Washington), it being clearly agreed and understood by the parties hereto that Vendor expressly waives any immunity Vendor might have had under such laws. By executing the Contract Vendor acknowledges that the foregoing waiver has been mutually negotiated by the parties. Agreement - 2020 Tourism Marketing Support Program Contract No. 5-00320216 v4.30.2020 Page 3 of 15 Port of Seattle C. Vendor shall pay all attorneys' fees and expenses incurred by the Port in establishing and enforcing the Port's right under this paragraph, whether or not suit was instituted. GC-q COMPLY WITH ALL LAWS: The Vendor shall at at( times comply with all federal, state and local taws, ordinances and regulations, including but not limited to those environmental laws and other taws listed in the Contract Documents and other laws referred to herein, which in any manner apply to the performance of this Contract. Such compliance shall include, but is not limited to, the payment of all applicable taxes, royalties, license fees, penalties and duties. GC-5 NON-DLSC91MINATTON AND EQUAL EmpLOYMENT: During the performance of this Contract, the Vendor, for itself, its assignees, and successors in interest agrees to comply with the requirements of the following non-discrimination statutes and authorities which are hereby incorporated; including but not limited to: A. Title Vf of the Civil Rights Act of 1964 (42 U.S.C. 5 2000d et seq., 78 slat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 5 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); C. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 5 794 et seq. ), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; D. The Age Discrimination Act of 1975, as amended, (42 U.S.C. S 6101 et seq. ), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, (49 USC 5 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); F. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and Vendors, whether such programs or activities are Federally funded or not); G. Titles !! and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. S5 12131 - 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; H. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. 5 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Agreement - 2020 Tourism Marketing Support Program Contract No. S-00320216v4.30.2020 Page 4 of 15 Port .rr of Seattle I. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations: J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq. ) GC-6 NON-DISCRI11+IINATION POLICY: It is the basic policy of the Port of Seattle to provide equal opportunity to the users of all Port services and facilities and all contracting entities. Specifically, the Port will not tolerate discrimination against any persons on grounds of age, race, color, national origin/ancestry, ethnicity, religion, disability, Family Medical Leave Act (FMLA) use, pregnancy, sex/gender, sexual orientation, whistleblower status, military affiliation, marital status, workers' compensation use, transgender status, political beliefs, or any other protected status, as guaranteed by local, state and federal laws. The equal opportunity principles in employment and subcontracting described in this policy shall apply to the Port's employees, customers, consultants, Vendors, and suppliers to the extent possible as required by law. Submission of a properly executed Contract constitutes a contractual commitment to the terms of this resolution. GC-7 CONTP-ACT TIME: All time limits stated in the Contract Documents, specifically including the Contract Time, are of the essence of this Contract. While the Buyer may, in certain circumstances, provide a written extension, reduction or waiver of certain time limits, the Contract Time may be extended or reduced only by Amendment. GC-8 EXTENSIONS OF CONTRACT TIME: COMPENSATION_ A. Force Majeure. If an extension of Contract Time is warranted as a result of force majeure, Vendor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport shortages PROVIDED VENDOR NOTIFIES THE PORT, IMMEDIATELY IN WRITING OF SUCH PENDING OR ACTUAL DELAY. The extension of Contract Time will be limited to the period of time the Port determines the procurement was delayed/extended. All decisions by the Port regarding extensions of time shall be final. R. Reasonable Delays. The Vendor should anticipate that some reasonable delays, including those caused by normal weather patterns, will occur. The Vendor shall not be entitled to any compensation, damages, or extension of the Contract Time for such reasonable delays. C. Non -Excusable and Non-Compensable Delays. Delays in the prosecution of the Services that could have been avoided by the exercise of due care, coordination and diligence on the part of the Vendor, its suppliers are neither excusable nor Agreement - 2020 Tourism Marketing Support Program Contract No. S-00320216v4.30.2020 Page 5 of 15 Port of Seattle compensable under the Contract. No extension of Contract Time or increase in the Contract Sum shall be allowed for any claimed delay that is caused by or results from the breach, fault, negligence, or collusion of the Vendor, or its suppliers. GC-9 AUDITS AND RETENTION OF RECORDS_ A. The Port or its designee and other authorized representatives of the State of Washington shall have the right to inspect, audit or copy documents for the evaluation and determination of any issue related to the Contract or to the Vendor's performance thereunder, specifically including but not limited to any Claims brought by the Vendor or any supplier at all reasonable times- B. For the above -referenced purpose, all of the documents related to this Contract shalt be open to inspection, audit, or copying by the Port or its designee; • During the Contract Time; • For a period of not less than six (6) years after the date of Contract Completion or termination of the Contract; and + If any Claire, audit, or litigation arising out of, in connection with, or related to this Contract is initiated, all documents and records shall be resolved or completed, whichever occurs later. ■ The Vendor shall retain the documents related to this Contract for the periods required above. The Vendor shall also ensure that the documents of all suppliers shalt be retained and open to similar inspection or audit for the periods required above by incorporating the provisions of this Audit Paragraph into any agreements with suppliers related to this Contract. C. The Vendor, its suppliers shall make a good faith effort to cooperate with the Port and its designees when the Port gives notice of its need to inspect or audit documents. D. The cost of the audit shall be borne by the Port unless the results of such audit reveal a discrepancy of more than two percent (2%) reported in accordance with the Concession Fees requirement of the Agreement for any twelve (12) month period. In the event of such discrepancy, the full cost of the audit shall be borne by the Vendor, and Vendor shall promptly pay ail additional fees owing to the Port. No additional compensation will be provided to the Vendor, its suppliers for time or money spent in complying with the requirements of this Audit Paragraph. If the Vendor is formally dissolved, assigns or otherwise divests itself of its legal capacity under this Contract, then it shad notify the Port and preserve all documents, at its expense, as directed by the Port. E. In the event that Vendor's books of accounts are not maintained in the Puget Sound region, they shall be made available for audit locally within five (5) business days of a request by the Port, or Vendor shall pay in full, any travel and related expenses of Port representative(s) to travel the location outside the Puget Sound region. In addition, The Port shall have the right to conduct a "surprise" audit not more frequently than twice every twenty four months, and, in the event that Vendor's Agreement - 2020 Tourism Marketing support Program Contract No. s-00320216 y4.30.2020 Page 6 of 15 Port of Seattle books and records are not maintained locally, Vendor shall further pay in full, any travel and related expenses of the Port representatives) to travel the location outside the Puget Sound region for such "surprise" audit. F. This Audit Paragraph shalt survive for six (6) years after the termination or expiration of this Contract, or conclusion of all Claims, audits or litigation, whichever occurs later. GC-10 TERMINATION_ A. TERMINATION FOR CONVENIENCE: Either party may terminate this Contract at any time for any reason, by giving the other party thirty (30) days' written notice- In the event the vendor has completed any portion of the Project by the time it receives the Port's notice of termination, the Port shall pay Vendor the percentage of funds attributable to the Vendor's completed portion of the project. B. TERMINATION FOR DEFAULT: Except in the case of delay or failure resulting from circumstances beyond the control and without the fault or negligence of the Vendor, the Port shall be entitled, by written or oral notice to the Vendor, to terminate the Agreement for breach of any of the terms and to have all other rights against the Vendor by reason of the Vendor's breach as provided by law. GC-11 REMEDIES: Any decisions by the Port to pursue any remedy provided for in paragraph GC-10 herein shalt not be construed to bar the Port from the pursuit of any other remedy provided by law or equity in the case of similar, different or subsequent breaches of this Contract. GC-12 WAMIZ: Failure at any time of the Port to enforce any provision of the Contract shall not constitute a waiver of such provision or prejudice the right of the Port to enforce such provision at any subsequent time. No term or condition of this Contract shall be held to be waived, modified or deleted except by a written Amendment signed by the parties hereto. GC-15 PARTM 11WA IDITY: If any provision of this Contract is or becomes void or unenforceable by force or operation of law, all other provisions hereof shall remain valid and enforceable. GC-1q PUBLIC DISCLOSURE: Vendor acknowledges that the PORT may be required to disclose information provided by Vendor pursuant to the Washington State Public Disclosure Act (RCW Chapter 42.56). The PORT will determine whether any requested documents should be disclosed. In no event shall the Port be liable to Vendor for any disclosure of documents and information, including work product, excluded inventions and intellectual property rights it deems necessary to disclose under the law. GC-15 GOVEMING LAW ENUE: The taws of the State of Washington shalt govern disputes concerning this Contract and the venue of any action relating hereto shall be in the Superior Court for the County of ling, State of Washington. GC-16 SUBCONMCTINGIASSIGNMENT: Vendor shall not assign or transfer this Agreement or any interest therein, nor shall this Agreement or any interest there under be assignable or transferable by operation of law or by any process or proceeding of any court, or otherwise without the advance written consent of the Port. Agreement - 2020 Tourism Marketing Support Program Contract No. 5-00320216_v4.30.2020 Page 7 of 15 AMENMW Port ...� of Seattle GC-11 .SERVICE OF NOTICES BY OR ON THE VENDOR_ Any written notice required under the Contract to be given by or to the Vendor may, at the option of either party, be served on or by the Vendor by Electronic Transmission, personal service, certified or registered mail, or recognized overnight courier. Delivery of the notice will be made to the last address provided in writing to the Buyer. Notices shall be deemed delivered: (i) when sent through via Electronic Transmission, (ii) when personally delivered; (iii) on the third day after mailing when sent by certified or registered mail and the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing; or (iv) on the first business day after deposit with a recognized overnight courier if deposited in time to permit overnight delivery by such courier as determined by its posted cutoff times for receipt of items for overnight delivery to the recipient. GC-18 EXECUTION OF THE AGREEMENT FORM: The Contract is not binding upon the Port until the Contract is fully executed. No Proposer shall have a right, interest or claim with respect to the Contract or the Services until the Contract is fully executed. After being executed by the Port, the Vendor will receive a copy of the Agreement Eorrn. Services prosecuted prior to the full execution of the contract is at the sole risk of the Vendor. End of Attachment A - General Conditions Agreement - 2020 Tourism Marketing Support Program Contract No. S-00320216 v4.30.2020 Page 8 of 15 Part of Seattle ATTACHMENT B - SCOPE OF WOEX/SPECiFiC REQUi$EMENTS 2020 TOURISM MARKETING SUPPORT PROGRAM Renton Community Marketing Campaign Project Description Project goals: The goal of the Renton Community Marketing Campaign is to promote the Renton community as a destination for tourism, recreation, business opportunity and investment using the latest technologies. The plan for 2020 is to build on the current plan and investments and contract a professional marketing agency to manage a digital marketing and social media campaign to target visitors and investors outside of the State of Washington.. The City of Renton Economic Development Division and its Renton Community Marketing partners have recently released a request for proposals for development and implementation of a digital marketing strategy for Renton. The work of the firm to be selected will build on previous efforts and existing investments and provide a refreshed media plan to promote Renton as a preferred choice for residents, employees, visitors and businesses. Agreement - 2020 Tourism Marketing Support Program Contract No. S-00320216 v4.30.2020 Page 9 of 15 Port . of Seattle Scope of work: The 2020 scope of work for the Renton Community Marketing Campaign will focus on these key target areas: anPosition Renton as the community of choice for visitors outside of Washington State. ©oPosition the City as an attractive, affordable tourist destination in the Seattle region. cipMarket local events, hotels and amenities to attract visitor spending. 13oProvide a special focus on developing strategies to promote Downtown Renton as a visitor destination. coPromote Renton's natural assets and opportunities for outdoor recreational activities and adventures. E3c,Work within the campaign advertising and marketing budget to maximize exposure in front of a audience residing primarily outside of Washington State. Project schedule including milestones and deadline dates: Q2 - (With deliverables due by May 31) onldentify specific locations/regions outside of Washington State to target the marketing campaign lioStrategize a robust digital marketing campaign and task list/timeline to promote tourism in Renton outside of Washington State aaEstablish reasonable goals for growth aE3Update digital tourism ad campaigns (reflect seasonal activities and refreshed content) onExamine current audience and website traffic reports. Explore additional ways to engage with and grow the audience outside of Washington State. Agreement - 2020 Tourism Marketing Support Program Contract No, 5-00320216 v4.30.2020 Page 10 of 15 Port.... of Seattle ©0Promote video projects on YouTube channel, social media channels and website Q3 - aoThe digital marketing campaign will run June 15 through September 15 aoCampaign results and metrics will be examined monthly to identify audience engagement and website traffic and to make informed adjustments to the plan as necessary to support growth. Q4 - aalncrease website traffic by 20% by the end of Q4 oolncrease engagement (likes, shares, mentions, comments) by 20% by the end of Q4 onSubmit final report and invoice to the Port by October 15, 2020 aaln addition, a post follow up report will be provided to the Port of Seattle identifying website traffic for Q4. The post follow up report will be submitted on or before January 31, 2021. Metrics 1 measurable outcomes: The Campaign partners will work closely with the selected firm to monitor the following metrics throughout the course of the year in order to determine the efficacy of the campaign and adjust as necessary in order to support noticeable increases (with the goal of an average 20% increase in ail areas by Q4) in the following categories: Web traffic: aaTotal site visitors - to track growth and reach Agreement - 2020 Tourism Marketing Support Program Contract No. S-00320216 v4.30.2020 Page II a 15 Port of Seattle Increase social media presence: C113Valume of Posts oaSocial Media Interactions (number of mentions, shares, likes, comments, etc.) anNew Followers lmpactful advertisements: oaThe number of ad impressions ocEngagement Pate Increase conversions on email marketing and/or paid ad campaigns: OnClick-through Rate To increase R01 on advertisements: uoCost Per Click - paying close attention to compare the performance of different channels. coCost Per Impression Budget: Tourism Digital Advertising Campaign Placement Implementation of the digital advertising campaign April 15, 2020 - September 15, 2020. Includes media placement per month and optimization with monthly reporting. $5,000 funds from the Port of Seattle $5,000 City of Renton matching funds Total: $10, 000 Agreement - 2020 Tourism Marketing Support Program Contract No, 5-00320216 v4.30.2020 Page 12 of 15 Port of Seattle Funds - Port and Matched Funds Allocation The Renton Community Marketing Campaign will match the funds from the Port of Seattle for a total project budget of $10,000. The project scope will target an audience outside of Washington State with digital marketing ads that highlight Renton as a destination for travelers, art lovers, outdoor adventurers, conference/event planners and guests to the Puget Sound region looking for a convenient location close to the Seattle Tacoma International Airport and only minutes from Seattle. The Port's partnership has proven to be a valuable complement to the many new strategies that Renton has in place and has served to accelerate our efforts and support growth both in the city and in the region. A natural area to work together is in support of the Renton Community Marketing Campaign and its work to promote our community as a destination for tourism, recreation, business opportunity and investment. From the beginning, the Renton Community Marketing Campaign has been a success. Over its course, many new investments have been made, the employment base has diversified, and Renton's image has been elevated throughout the region. The City desires to build on the success of its long-standing partnership in community marketing with a fresh approach, sound strategies and modern communication methods. Collaboration In 1997, the City, in conjunction with the Greater Renton Chamber of Commerce, Renton Technical College, UW Medicine/Valley Medical Center and the Renton School District launched the Renton community marketing campaign. The mission was to collectively market the Renton community to recruit quality companies and diversify Renton's employment base, The five partners continue to work together in these efforts. Agreement - 2020 Tourism Marketing Support Program Contract No. S-00320215 v4.30.2020 Page 13 of 15 Port of Seattle I . Payment by the Parties a. The Port shall contribute 5,000 to the total cost of the expenses incurred by Vendor. b. The Vendor shall contribute a minimum of $5,000 of which no more than 25% shall be identified as management oversight and administration of the Campaign . c. if Vendors's stated match fund amount is more than 50% of POS awarded funds, Vendor will be held accountable for the higher stated match fund amount and will need to provide documentation for the higher stated match fund amount, as well as for all the Port's awarded funds. 2. Definition and restatement of low funds are to be used. Vendor be required to provide documentation for all stated Port awarded funds and stated match fund amount in Vendors's final report. Any funds obtained from the Port for tourism activities are to be used specifically, once approved, for the Campaign which is detailed in the Scope of Work. The focus of the Scope of Work should be aligned with increasing the number of out-of-state visitors (and/or increasing out-of-state visitor expenditures within WA State) who will use the Ports facilities; Seattle -Tacoma International Airport, cruise terminals and/or recreational marinas. 3. invoicing and Reporting a. The Port may authorize up to 50% of the Port awarded funds. Proof of documentation (third party paid invoices, signed contracts, etc.) to validate Campaign initiation is required. b. Does Vendor plan to submit an invoice for 50% of Port awarded funds, together with required documentation as proof of Campaign initiation once the co -signed agreement is executed? Yes ❑ No Agreement - 2020 Tourism Marketing Support Program Contract No. 5-00320216v4.30.2020 Page 14 of 15 Port of Seattle c. - Vendor wit[ submit a final invoice for 100% of the Ports awarded funds, together with required documentation at the end of the Campaign.The final report must be submitted to the Port for approval within 15 business days of the executed agreement end date. Upon approval of the final report and supporting required documentation, Vendor may invoice the Port for the balance of the Port awarded funds. d. The correct mailing address is: Renton City Hall, Economic Development 1055 S Grady Way, 6th FL Renton, WA 98057 4. Part Logo Use and Approval a. Campaign must identify the Port as a partner or sponsor via use of the Ports's logo. Prior to advertising execution or implementation, the Port requires a review/approval of the proposed placement and schedule of the Port logo on advertising, promotion materials, booth displays, online, digital or printed materials. b. The Port may request periodic Campaign updates from its co-operative partner. 5. Miscellaneous: No Portfunds can be used to underwrite general or capital expenses associated with a tourism event or program already in progress. Agreement - 2020 Tourism Marketing Support Program Contract No. S-00320216 v4.30.2020 Page 15 of 15