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HomeMy WebLinkAbout4699 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4699 WASHINGTON STATE SCIENCE & ENGINEERING FAIR Tourism Promotion City Clerk LEG 12-1 04/09/2008 12/31/2008 02/15/2010 01/01/2010 Lodging Tax Revenue TOURISM PROMOTION SERVICES AGREEMENT The City of Bremerton ("City") and Washington State Science & Engineering Fair ("WSSEF"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: I. Scope: The WSSEF shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The WSSEF shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion II. Term: This agreement shall commence on the date of execution of this Agreement and shall continue in full force and effect until December 31, 2008 unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the WSSEF an amount not to exceed Ten Thousand Nine Hundred Dollars ($10,900.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased. The WSSEF shall submit monthly billing statements detailing how activities and services performed by the WSSEF during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. Upon receipt of a conforming billing statement, the City shall promptly process payment. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve the WSSEF of its obligations under this Agreement. The WSSEF shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. IV. Relationship of Parties: The WSSEF represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. WSSEF and its personnel are independent contractors and not employees of the City. WSSEF and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sulHx>nsultants of the BremertonIWashington State Science & Engineering Fair Page 1 of4 WSSEF. WSSEF will be solely and entirely responsible for its acts and for the acts ofWSSEF 's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, WSSEF is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over WSSEF or its personnel. As an independent contractor, WSSEF is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due WSSEF. v. Indemnification: WSSEF 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 in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the work covered by this Agreement, WSSEF shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event WSSEF organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, WSSEF shall also provide evidence that it bas obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and a copy of the appropriate additional insured endorsement shall be provided to the City's Risk Manager. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. VII. General Conditions: A. Reports and Information: When requested by the City, WSSEF shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Such reports and documents shall include: list of festivals and special events sponsored by WSSEF with the amount of revenue expended on each festival, special event or tourism-related facility; the estimated number of tourists and/or persons traveling over :fifty miles to the destination, and the estimated number of lodging stays generated BremertonlWashington State Science & Engineering Fair Page 2 of 4 per festival or tourism-related event. WSSEF shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at WSSEF 's Risk: WSSEF shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at WSSEF 's own risk, and WSSEF shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. C. Place of Work: The WSSEF shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. F. Modification: This Agreement may only be modified by written instrument signed by both Parties. G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address City Clerk 345 6th Street, Suite 600 Bremerton, WA 98337 Washington State Science & Engineering Fair Caroline Stein, Treasurer PO Box 2412 Silverdale, W A 98383 H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. I. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. J. Compliance with Laws: WSSEF shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Washington State Science & Engineering Fair Page 3 of 4 . K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. M. Assignment: Any assignment of this agreement by the WSSEF without the written consent of the City shall be void. VIII. Nondiscrimination: WSSEF shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services WSSEF is providing to the City as of the effective date of termination. x. Termination of Other Contracts. lbis Agreement shall supersede all prior Agreements between the parties relating to the use ofHotel/Motel Tax. WASHINGTON STATE SCIENCE & ENGINEERING FAIR ~ttl\~~_~, ~~~ . ~y~..~))~\\~, l~,. ItS: \. ",~n. SAJu"i"{),'\(- W%W Date: ":, - ~ - O~ ~ ) ~ ~J City Cl ~ BremertonlWashington State Science & Engineering Fair Page 4 of 4 '" "'--- ~ &,"1 .&2'm5'Uwi~~ ~ "P1'Oft11'tlngfrrtllrrSlil'flHJ1JIlH,(f.lIgl11trJ":" w~rm~ II ~~ ~~ {lJoorl JBOO51~OO@@riOO51 JF@J~ff Washington State Science and Engineering Fair, PO Box 2412, Silverda1e, WA98383-2412 Tel: (360) 551-0012 Fax: (360) 377-7073 www.W8sef.org BOARD OF DIRECTORS President Michael Huey DMD, Endodontist Vice President Jim Luddon, P.E. Naval Base Kltsap Secretary Charles Fritz CACllnternational Tourism Promotion Services Aareement Treasurer Caroline Stein Consultant Fair Director Lois Jane Lugg, EngIneer Bonneville Power Administration SCOPE OF SERVICES WSSEF Founder Gwen Croswaite Photography Brochures, pamphlets, recruit judges Buttons, pins and promotions at the Fair Promotional Activities -- Parent/student workshops, WA State science teacher assembly and community service group presentations and outreach projects. Full color posters, designer, mini flyers and postage $500.00 $750.00 $2,250.00 $3,000.00 Becky Huff Navy Budget Officer. Ret. Craig Lewis, P.E. Associate Technical Fellow The Boeing Company Timothy Mclhenny Computer Programmer Total Expenditures $4.400.00 $10,900.00 Mary Omberg Pamela Odam, Engineer Bonneville Power Administration John Rykala, Engineer Naval Undersea Watfare Center - Keyport Craig Vail System Analyst /I Julie Wasserburger Teacher Bremerton School District Affiliate: International Science and Engineering Fair (ISEF) "Celebrating 51 Years of Encouraging Young Scientists and Engineers (1957 - 2008)" <m ~~~ ~~w5ntJfl&@'fi\l\l~ "l'1tlttn':f~!1 fIltll" SritmJm llllJ'Ellyjurm. w~rm~.o $71W1JCB $~ @Joocl ]goo~~ooCB@ffioo5l JP@J~ff Washington State Science and Engineering Fair, PO Box 2412. Silverdale, WA 98383-2412 Tel: (360) 551-0012 Fax: (360) 377-7073 www.WBsef.org BOARD OF DIRECTORS President Michael Huey DMD. Endodontist Vice President Jim LUddon, P.E. Naval Base Kltsap Secretary Charles Fritz CACllntemational Treasurer Caroline Stein Consultant Fair Director Lois Jane Lugg. Engineer Bonneville Power Administration WSSEF Founder Gwen Croswalte Becky Huff Navy Budget Officer, Ret. Craig Lewis. P.E. Associate Technical Fellow The Boeing Company Timothy Mclhenny Computer Programmer Mary Omberg Pamela Odam, Engineer Bonneville Power Administration John Rykala, Engineer Naval Undersea Warfare Center - Keyport Craig Vail System Analyst /I Julie Wasserburger Teacher Bremeffon School District Affiliate: International Science and Engineering Fair (ISEF) Tourism Promotion Services Aqreement FUNDING INTENTION SUMMARY Funds shall be used solely for the purpose of paying all or any part of the cost of tourism promotion. Through marketing venues, the WSSEF Board will advertise, publicize and distribute information for the sole purpose of attracting and welcoming tourists to the 51st Annual Washington State Science & Engineering Fair hosted in the City ofBremerton. (RCW 67.28) Marketing venues will include, but not be limited to developing promotional materials, keep-the-date postcards, full color 11 x 17 poster, flyers, brochures, distributing information via e-mail and direct mail, hosting parent workshops in various counties throughout Western Washington, attending teacher conferences and the home school convention and presenting to community service organizations. WSSEF utilizes consistent e-mail reminders, display presentation boards and a continuously updated website to attract participants/tourists. In addition, WSSEF collaborates with various organizations through publications and various activities encouraging participants/tourists to travel to Bremerton. One hundred percent of the funds received are allocated to marketing the Fair resulting in enhanced tourism by bringing people to Bremerton. Our tourism marketing efforts directly benefit Bremerton commerce organizations and increase business profits. Visitors stay in hotels and motels, eat in restaurants, attend tourist activities and have access to theatres, parks, libraries and our local college campus. Thus, our tourism marketing directly benefit Bremerton commerce organizations, and increase business profits by highlighting tourist activities, providing access to the boardwalk, USS Turner Joy, Bremerton Naval Museum and other local attractions for tourists to enjoy today and in the future. "Celebrating 51 Years of Encouraging Young Scientists and Engineers (1957 - 2008)"