The URL can be used to link to this page

Home My WebLink About04/01/2025 07.G. Resolution ratifying and confirming the City Manager's execution of an agreement with Yakima Valley Tourism for Tourism Promotion Services `y � ljlt r s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.G. For Meeting of: April 1, 2025 ITEM TITLE: Resolution ratifying and confirming the City Manager's execution of an agreement with Yakima Valley Visitors & Convention Bureau DBA: Yakima Valley Tourism for Tourism Promotion Services SUBMITTED BY: Mike Bailey, Interim Director of Finance and Budget SUMMARY EXPLANATION: The City of Yakima is ratifying and confirming the City Manager's execution of a Tourism Promotion Services Agreement with the Yakima Valley Visitors & Convention Bureau, doing business as Yakima Valley Tourism. This agreement utilizes lodging taxes collected from various accommodations to support tourism marketing and related capital projects. On September 17, 2024, the Lodging Tax Advisory Committee reviewed applications and provided recommendations to the Council. The Council approved the tourism promotion grants, and the funding was adopted in the budget on December 17, 2024. This agreement will fulfill the city's needs as outlined in the Scope of Services and Budget included in the contract. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_YVVCB_LTAC SIGNED YVVCB 2025 LTAC Contract.pdf 33 RESOLUTION NO. R-2025- A RESOLUTION ratifying and confirming the City Manager's execution of a Tourism Promotion Services Agreement with Yakima Valley Visitors & Convention Bureau DBA: Yakima Valley Tourism. WHEREAS, the City levies lodging taxes on lodging at hotels, motels, short-term rentals and other housing and lodging accommodations; and WHEREAS, the revenue is to be used to benefit tourism marketing, operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; and WHEREAS, the Lodging Tax Advisory Committee reviewed all applications for Lodging Tax grants and submitted their recommendations to Council on September 17, 2024; and WHEREAS, the City desires to enter into a Professional Services Agreement with Yakima Valley Visitors & Convention Bureau DBA: Yakima Valley Tourism; and, WHEREAS, the Scope of Services and Budget included in this contract meet the needs and requirements of the City of Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council of the City of Yakima ratifies and confirms the City Manager's execution of the Tourism Promotion Services Agreement with Yakima Valley Visitors & Convention Bureau DBA: Yakima Valley Tourism in the amount of$ 1,045,000.00. A copy of the Tourism Promotion Services Agreement is attached and incorporated herein. ADOPTED BY THE CITY COUNCIL this 1st day of April 2025. Patricia Byers, Mayor ATTEST: Rosalinda Ibarra, City Clerk 1 34 TOURISM PROMOTION SERVICES AGREEMENT WITH THE CITY OF YAKIMA THIS AGREEMENT is made by and between the City of Yakima, hereinafter referred to as "City" and Yakima Valley Visitors & Convention Bureau DBA: Yakima Valley Tourism, hereinafter referred to as "Entity", for tourism promotion services. I. Scope of Services. Entity shall provide tourism promotion services for the City as outlined in their Application, and incorporated by this reference. 'Tourism promotion" means, for the purposes of this Agreement, activities, operations, and expenditures designed to increase tourism to the City, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists. II. Term. This Agreement shall commence on the date of execution by both parties and shall continue in full force and effect until December 31, 2025, unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation. In consideration of the Services provided pursuant to this Agreement, City agrees to pay Entity an amount not to exceed S1.045,000.00, which is the amount awarded by the City Council. IV. Payment. City shall pay Entity upon presentation of an invoice to City monthly. V. Reporting. Entity shall follow all laws regarding its reporting requirements. Reporting must include, but not limited to, an economic report (the form is attached as Exhibit A)which states the actual number of people attending the event (1) travelling for business or pleasure on a trip away from their place of residence or business and staying overnight in paid accommodations; (2) traveling for business or pleasure on a trip to a place fifty miles or more one way from their place of residence or business for the day or staying overnight; and (3)traveling for business or pleasure on a trip from another country or state outside of their place of residence or their business. Reports must be filed by Entity by July 31 s' and January 31st for each contract year. VI. Relationship of Parties. It is understood, agreed and declared that Entity, its employees, agents and assigns shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Entity. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Entity. Entity shall be solely responsible for the conduct and actions of all employees of Entity under this Agreement. VII.Insurance. Entity 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 Entity, its agents, representatives, employees or subcontractors. a. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than one million dollars ($1,000,000) per accident. b. Commercial general liability insurance with limits no less than one million dollars ($1,000,000)for each occurrence, and two million dollars ($2,000,000) for general aggregate. The policy shall name the City, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. c. All insurance shall be placed with insurers with a current Best rating of not less than A:VII and admitted in the State of Washington. d. Entity's insurance coverage shall be primary insurance with respect to those who are Additional Insures and any coverage maintained by City shall be in excess of Entity's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Entity's insurance. All additional insured endorsements required by this Section shall include an express waiver of subrogation. e. Entity shalt furnish acceptable insurance certificates to the City at the time Entity returns the signed Agreement. The certificate shall specify all of the parties who are additional insures, and shall include applicable policy endorsements, and the deduction or retention level. YVT Executive Committee Packet December 2024 Page 5 of 7 35 VIII. Indemnification. Entity shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including all legal costs and attorney fees, arising out of or resulting from the acts, errors, or omissions of Entity in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City_ The provisions of this section shall survive the expiration or termination of this Agreement. Entity Specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by and limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided that Entity's waiver of immunity under this provision extends only to claims against Entity by the City, and does not include, or extend to, any claims by the Entity's employees directly against Entity. IX. Termination. This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party. The City may terminate for cause with no notice if City determines Entity has used funds provided under this Agreement for purposes other than allowed under the Agreement. X. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action that arises pursuant to this Agreement shall be file in the proper state or federal court located within Yakima County, Washington. XI. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. IN WITNESS WHEREOF, the undersigned have read and agreed to the terms of this Amendment. City of Yakima: Entity: / ` oZ G D.- Date: 1 / Date: I l �' �'' By: By: je-1411-Jr-O0/4. 441at- Victori er, City M r �� f— � • Name: G�o`"1'adQ Title: B 1 ` L CITY CONTRACT NO: RESOLUTION NO: - ,i— The above-named person hereby certifies that they are authorized to execute this agreement on behalf of the above referenced Entity. YVT Executive Committee Packet December 2024 Page 6 of 7 36 Exhibit A 1. Organization: 2. This report covers: a. Event name: b. Date: 3. Total Lodging Tax funds allocated to this event$ 4. Total Activity Costs $ 5. Overall Attendance Information a. Predicted b. Actual c. Method to determine Attendance 6. Attendance, Travelled 50+miles a. Predicted b. Actual c. Method to determine Attendance 7. Attendance, Out of State, Out of Country a. Predicted b. Actual c. Method to determine Attendance 8. Attendance, Unpaid Accommodations a. Predicted b. Actual c. Method to determine Attendance 9. Total Paid Lodging Nights (One lodging night is one or more persons occupying one room for one night) a. Predicted b. Actual c. Method to determine Attendance YVT Executive Committee Packet December 2024 Page 7 of 7 37 Issue Date 815f2024 Cert ft:0000047313 NON PROFIT INSURANCE PROGRAM CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT BELOW.THIS CERTIFICATE OF COVERAGE 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 COVERED PARTY,THE COVERAGE AGREEMENT MUST BE ENDORSED. IF SUBROGATION IS WAIVED,SUBJECT TO THE TERMS AND CONDITIONS OF THE COVERAGE AGREEMENT,CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT.A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S) PROGRAM ADMINISTRATOR COMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive NPIP/Munich Re.et al. Ephrata,WA 98823 AUTOMOBILE LIABILITY NPIP I Munich Re.et al. INSURED PROPERTY Yakima Valley Visitors&Convention Bureau NPIP I Munich Re.et al. Yakima Valley Tourism,Yakima Valley Sports Comm,Yakima Valley Information Ctr 10 North 8th Street MISCELLANEOUS PROFESSIONAL LIABILITY Yakima,WA 98901 NPIP I Munich Re.et al. COVERAGES THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE NPIP COVERAGE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH COVERAGE AGREEMENT. LIMITS SHOWN BELOW MAY HAVE BEEN REDUCED BY PAID CLAIMS. LINE OF COVERAGE COVERAGE NUMBER EFF DATE EXP DATE DESCRIPTION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY NPIP242535517 6/1/2024 6/1/2025 PER OCCURRENCE $5.000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $10,000,000 INCLUDES STOP GAP—EMPLOYERS LIABILITY PRODUCT-COMP/OP $5,000,000 PERSONAL&ADV.INJURY $5,000,000 (LIABILITY IS SUBJECT TO A$350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO NP1P242535517 6/1/2024 6/1/2025 COMBINED SINGLE LIMIT $5,000,000 (LIABILITY IS SUBJECT TO A 350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE PROPERTY NPIP242535517 6/1/2024 6/1/2025 ALL RISK PER OCC EXCL EQ&FL $100.000,000 EARTHQUAKE PER OCC Excluded FLOOD PER OCC Excluded (PROPERTY IS SUBJECT TO A$350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE MISCELLANEOUS PROFESSIONAL LIABILITY _ NPIP242535517 6/1/2024 6/1/2025 PER CLAIM $5,000,000 (LIABILITY IS SUBJECT TO A$350,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE 540,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I SPECIAL ITEMS Regarding Administrative Agreement for Yakima County Tourism Promotion Area.City of Yakima,Its elected and appointed officials,officers,employees,agents,attorneys, and volunteers are named as Additional Covered Party as respects General Liability and Auto Liability regarding this facility use only and are subject to coverage terms, conditions,and exclusions.Additional Covered Party endorsement for GL is attached.Additional Covered Party endorsement for Auto Liability is attached, Employers Liability(stop gap)Is covered under the General Liability section of the NPIP coverage agreement with a limit of S1,000,000.Waiver of Transfer of Rights as respects General Liability arid Auto Liability endorsement is attached.The NPIP Coverage Agreement is Primary and non-contributory.. CANCELLATION NOTICE:SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE COVERAGE AGREEMENT PROVISIONS. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE A(1 A f' n (j(76(.1 City of Yakima 129 N 2nd St Yakima,WA 98901 38 Coverage Number: NPIP242535517 Effective Date:6/1/2024 Cert#:0000047313 Issue Date 8/5/2024 ADDITIONAL COVERED PARTY-DESIGNATED PERSON OR ORGANIZATION (AUTOMOBILE) THIS ENDORSEMENT CHANGES THE COVERAGE AGREEMENT. PLEASE READ IT CAREFULLY This endorsement modifies Coverage provided under the following: AUTOMOBILE LIABILITY COVERAGE PART This endorsement changes the Coverage Agreement effective on the inception date of the Coverage Agreement unless another date is indicated above. Providing the certificate of coverage that this endorsement is attached to has been issued by and is on file with the Company,the following applies. SCHEDULE Person or Organization(Additional Covered Party): City of Yakima 129 N 2nd St Yakima,WA 98901 Description of Activities/Operations/Designated Premises: Regarding Administrative Agreement for Yakima County Tourism Promotion Area.City of Yakima, its elected and appointed officials,officers, employees,agents,attorneys,and volunteers are named as Additional Covered Party as respects General Liability and Auto Liability regarding this facility use only and are subject to coverage terms,conditions,and exclusions. Additional Covered Party endorsement for GL is attached.Additional Covered Party endorsement for Auto Liability is attached. Employers Liability(stop gap)is covered under the General Liability section of the NPIP coverage agreement with a limit of $1,000,000.Waiver of Transfer of Rights as respects General Liability and Auto Liability endorsement is attached.The NPIP Coverage Agreement is primary and non-contributory. A. With respects to the Automobile Liability Coverage Part only,the definition of Covered Party in the Liability Coverages--Common Conditions, Definitions and Exclusions section of this Coverage Agreement is amended to include as a Covered Party the person or organization shown in the above Schedule.Such person or organization is a Covered Party only with respect to liability for damages the Covered Party becomes legally obligated to pay because of Bodily Injury or Property Damage to which this coverage under this Coverage Part applies,first arising out of an Accident during the Coverage Period and resulting from the ownership, maintenance or use of a Covered Automobile in the Coverage Territory. B. The Limits of Coverage applicable to the additional Covered Party are those specified in either the: 1. Written contract or written agreement;or 2. Declarations for this Coverage Agreement, whichever is less.These Limits of Coverage are inclusive and not in addition to the Limits Of Coverage shown in the Declarations. All other terms and conditions remain unchanged. 39 Coverage Number: NP1P242535517 Effective Date:6/1/2024 Cert#:0000047313 Issue Date 8/5/2024 ADDITIONAL COVERED PARTY-DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) THIS ENDORSEMENT CHANGES THE COVERAGE AGREEMENT.PLEASE READ IT CAREFULLY This endorsement modifies Coverage provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the Coverage Agreement effective on the inception date of the Coverage Agreement unless another date is indicated above. Providing the certificate of coverage that this endorsement is attached to has been issued by and is on file with the Company,the following applies. SCHEDULE Person or Organization(Additional Covered Party): City of Yakima 129 N 2nd St Yakima,WA 98901 Description of Activities/Operations I Designated Premises: Regarding Administrative Agreement for Yakima County Tourism Promotion Area.City of Yakima, its elected and appointed officials,officers,employees,agents,attorneys,and volunteers are named as Additional Covered Party as respects General Liability and Auto Liability regarding this facility use only and are subject to coverage terms,conditions,and exclusions. Additional Covered Party endorsement For GL is attached.Additional Covered Party endorsement for Auto Liability is attached. Employers Liability(stop gap)is covered under the General Liability section of the NPIP coverage agreement with a limit of $1,000,000.Waiver of Transfer of Rights as respects General Liability and Auto Liability endorsement is attached.The NPIP Coverage Agreement is primary and non-contributory. A. With respects to the General Liability Coverage Part only,the definition of Covered Party in the Liability Conditions, Definitions and Exclusions section of this Coverage Agreement is amended to include as a Covered Party the Person or Organization shown in the above Schedule.Such Person or Organization is a Covered Party 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: 1. In performance of your ongoing operations;or 2. In connection with your premises owned or rented to you. B. The Limits of Coverage applicable to the additional Covered Party are those specified in either the: 1. Written contract or written agreement;or 2. Declarations for this Coverage Agreement, whichever is less.These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations. All other terms and conditions remain unchanged. 40 Coverage Number: NPIP242535517 Effective Date:6/1/2024 Cert#:0000047313 Issue Date 8/5/2024 AUTOMOBILE WAIVER OF TRANSFER OF RIGHTS AND RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE COVERAGE AGREEMENT. PLEASE READ IT CAREFULLY This endorsement modifies the Coverage provided under the following: AUTOMOBILE LIABILITY COVERAGE PART This endorsement changes the Coverage Agreement effective on the inception date of the Coverage Agreement unless another date is indicated above. Providing the certificate of coverage that this endorsement is attached to has been issued by and is on file with the Company,the following applies. SCHEDULE Person or Oraanization: City of Yakima 129 N 2nd St Yakima,WA 98901 Description of Activities/Operations/Designated Premises: Regarding Administrative Agreement for Yakima County Tourism Promotion Area. City of Yakima,its elected and appointed officials,officers,employees,agents, attorneys,and volunteers are named as Additional Covered Party as respects General Liability and Auto Liability regarding this facility use only and are subject to coverage terms,conditions, and exclusions.Additional Covered Party endorsement for CAL is attached.Additional Covered Party endorsement for Auto Liability is attached. Employers Liability(stop gap)is covered under the General Liability section of the NPIP coverage agreement with a limit of$1,000,000.Waiver of Transfer of Rights as respects General Liability and Auto Liability endorsement is attached.The NPIP Coverage Agreement is primary and non-contributory. The Our Right To Recovery Condition in the Liability Conditions, Definitions and Exclusions form is amended by addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Bodily Injury or Property Damage arising out of the specified activity(ies)or operations at or arising out of the designated premises described in the above Schedule, but only to the extent such subrogation is waived prior to the Occurrence,Accident or loss,under a written contract or written agreement with such person or organization. This waiver only applies to the Additional Covered Party for your specified activity(ies)or operations at or arising out of the designated premises described in the above Schedule. However, this waiver does not apply if the Bodily Injury or Property Damage is due to the sole negligence of such scheduled organization,and such Bodily Injury or Property Damage,is NOT caused,in whole or part, by liability associated with your specified activity(ies)or operations. All other terms and conditions remain unchanged. 41 Coverage Number: NPIP242535517 Effective Date:6/1/2024 Cert#:0000047313 Issue Date 8/5/2024 GENERAL LIABILITY WAIVER OF TRANSFER OF RIGHTS AND RECOVERY AGAINST OTHERS TO US This endorsement modifies Coverage provided under the following: GENERAL LIABILITY COVERAGE PART This endorsement changes the Coverage Agreement effective on the inception date of the Coverage Agreement unless another date is indicated above. Providing the certificate of coverage that this endorsement is attached to has been issued by and is on file with the Company,the following applies. SCHEDULE Person or Organization: City of Yakima 129 N 2nd St Yakima,WA 98901 Description of Activities/Operations/Designated Premises: Regarding Administrative Agreement for Yakima County Tourism Promotion Area.City of Yakima, its elected and appointed officials,officers,employees, agents,attorneys,and volunteers are named as Additional Covered Party as respects General Liability and Auto Liability regarding this facility use only and are subject to coverage terms, conditions, and exclusions.Additional Covered Party endorsement for GL is attached.Additional Covered Party endorsement for Auto Liability is attached. Employers Liability(stop gap)is covered under the General Liability section of the NPIP coverage agreement with a limit of$1,000,000.Waiver of Transfer of Rights as respects General Liability and Auto Liability endorsement is attached.The NPIP Coverage Agreement is primary and non-contributory. The Our Right To Recovery Condition in the Liability Conditions,Definitions and Exclusions form is amended by addition of thefollowing: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make For Bodily injury or Property damage arising out of your ongoing operations or Your Work done under contract with that person or organization. This waiver only applies to the person or organization shown in the Schedule above;however,this waiver does not apply if the Bodily Injury or Property Damage is due to the sole negligence of such scheduled person or organization. All other terms and conditions remain unchanged. 42 Washington State Department of Revenue 0 < Business Lookup Tax Information New search Back to results Entity name: YAKIMA VALLEY VISITORS AND CONVENTION BUREAU Entity type: Nonprofit Corporation Excise tax account ID 601-134-253 #: UBI #: 601-134-253 Opened: December 1, 1988 Closed: Mailing address: 10 N 8TH ST YAKIMA WA 98901-2515 NAICS: 561920 - Convention and Trade Show Organizers Reseller Permit(s) Reseller permit# Status Effective date Expiration date A03100125 Active Jan-01-2022 Dec-31-2025 A03100121 Expired Jan-01-2018 Dec-31-2021 A03100117 Expired Jan-01-2014 Dec-31-2017 43 Reseller permit# Status Effective date Expiration date A03100113 Expired Jan-01-2010 Dec-31-2013 Business License Locations Business name License account ID # Location address YAKIMA VALLEY VISITOR 601134253-001-0001 10 N 8TH ST YAKIMA WA 98901 The Business Lookup information is updated nightly. Search date and time: 12/5/2024 9:19:33 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported 44