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HomeMy WebLinkAbout5120 Contract Number. 5120 Vendor WASHINGTON STATE SCIENCE & ENGINEERING FAIR Subject Tourism Promotion Services Department City Clerk File Class- LEG 12 -1 Begin Date 1/1/2012 End Date 12/31/2012 Review Date Vault Date 2014 Comments CLOSED 2012 r TOURISM PROMOTION SERVICES AGREEMENT Washingtod State Science 8E Engineering Fair The City of Bremerton ("City") and Washington State Science 8F Engineering Fair ('�RecipienY�, referred to coliectrvely as the "Parties," enter into the foliowing Agreement for Tour�sm Promotion services: _ I. Scope: The Rec�pient shali provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to �ncrease tourism to the City. Tourism promotion activities may include, but are not limited to, advertismg, pubiicizing, or otherwise distributing information for the purpose of attracting and weicoming tourists to the City. The Recipient shall prov�de to the City a work plan attached hereto as Exhibit A setting forth its goals and ob�ectrves for successful tourism promotion Ii. Term: Th�s agreement shall commence on the date of execution of this Agreement and shall continue �n full force and effect until December 31, 2012 unless terminated earlier pursuant to Section IX of this Agreement. YII. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Recipient an amount not to exceed Twelve Thousand Dollars ($12,000.00) for Tour�sm Promotion serv�ces. However, funding for this Agreement �s sub�ect to the actual Hotel/Motel Tax funds rece�ved by the City. If Hotei/Motel Tax receipts are lower than budgeted funding may be decreased. The Recipient shail submit a billmg statement detailing how actrvities and serv�ces pertormed by the Recipient have spec�fically promoted tounsm in the City of Bremerton including measurable results. Upon receipt of a conforming bilimg statement, the City shall promptiy process payment. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement �s brought into compliance. Sucn withholding does not relieve the Recipient of its obligations under this Agreement. Failure by the Organization to submit all conformmg billing statements by January 15th after the expiration of this agreement wiil result in the forfeiture of remaining unbilled compensation. The Recipient shall not pertorm work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensat�on is modified pursuant to this Agreement. IV. Relationship of Parties: The Recipient represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities with�n �ts field of expertise. Recipient and its personnel are independent contractors and not employees of the City. Rec�pient and its personnel have no author�ty 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 sub-consultants of the Recipient. Recipient will be solely and ent�rely responsibie for its acts and for the acts of Recipient's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, dur�ng the term of this Agreement, engage other mdependent contractors to perform the same or similar work. , Bremerton/Washington State Science & Engineenng Fair Page 1 of 4 �`w 1�s an independent contractor, Recipient is responsible for its own management. The City's admirnstration and enforcement of this Agreement shall not be deemed an exercise of iranagerial controi over Recipient or its personnel. as an independent contractor, Recipient is responsible for payment of all taxes and I�cens�ng Yees necessary to perForm its obligations under this Agreement. These taxes and fees include but are not lim�ted to State industr�al insurance, Business & Occupation, State professional licensing, and Gty bus�ness l�censing. If any taxes or fees due the C�ty have been declared delinquent, the City may w�thhoid the deimquent amount, pius any additional c:harges arising from the delinquency, from any payments due Recip�ent. N. Indemnification: Recipient sha(I defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all cla�ms, in�uries, c�amages, losses or suits, including all legal costs and attorney fees, arising out of or �n connection with the performance of this Agreement, except for that portion of the in�uries ��nd 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 <�void any of these oovenants of mdemnificat�on. The provis�ons of this section shall survive the exp�ration or termination of this Agreement. WI. Insurance: Prior to and during the performance of the work covered by this �lgreement, Recipient shall provide the Risk Manager for the City with evidence that it has c�btained and maintains in fu{I force and effect dunng the term of this Agreement c:omprehensrve general liabd�ty �nsurance coverage of at least $500,000.00 per occurrence. l n the event Rec�pient organizes, promotes or sponsors an event invoivmg the sale or consumption of food or alcoholic beverages, Recipient shail also provide evidence that �t has �btained products liability and liquor I�ability insurance of at least $500,0OO.OQ per c�ccurrence; for each event. The City shall be named as additional insured and a copy of the �jppropriate additionaf insured endorsement shall be provided to the City's Risk Manager. The Risk Manager shall be provided thirty (30) days written notice of any cancellat�on of said insurance. NII. General Conditions: a. Reports and Information: When requested by the City, Recipient shall furnish periodic reports and documents on matters covered by th�s Agreement. The reports and documents shali be furnished in the time and form requested. Such reports and documents shall inciude: list of festivals and speciai events sponsored by Recipient with the amount of revenue expended on each festival, special event or tourism-related facility; the est�mated number of tour�sts and/or persons traveling over fifty miles to the destination, and the �stimated number of lodging stays generated per festival or tourism-related event. Reapient shail ma�ntain accounfing records in accordance with GeneraNy Accepted Accounting Principles (GAAP) to substantiate ali bifled amounts. B. Work Performed at ReciQient's Risk: Recipient shall take ali precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the uerformance of the work hereunder and shall utilize ali protect�on necessary for that purpose. All work shali be done at Recipient's own nsk, and Recipient shall be responsible tor any loss of or damage to materials, tools, or other art�cles used or held for use �n connection with the work. Bremerton/Wash�ngton State Science & Eng�neering Fair {�age 2 of 4 �- , C Place of Work The Recipient shall perform the work authorized under this Agreement at its offices in Silverdale, Wash�ngton. Any necessary meetings with the City staff shall take piace at the City's offices, or at locations mutually agreed upon by the parties. D. Entire A�reement 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 Severabilitv 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 �isted below by registered or 1st class mail, or by person'al 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 Gty Clerk 345 6 Street, Suite 600 Bremerton, WA 98337 Washington State Science & Engineering Fair „ P O Box 2412 ' Siiverdale, WA 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 Recipient shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement ' K Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washington Any �udicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L Attorne�s' 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 Recipient without the written consent of the City shall be void VIIY. Nondiscrimination: Recipient shall not discriminate in employment or services to the public on the basis of race, color, nat�onal origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification. Bremerton/Washington State Sc�ence & Engineering Fair Page 3 of 4 - � µe IIX. 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 substantialiy 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 wiil be entitled to reports showing the status of all services 12ecipient is providing to the City as of the effective date of termination �(. Termination of Other Contracts. This Agreement shall supersede all prior �greements between the parties relating to the use of Hotel/Motel Tax i�ITY OF BREMERTON � � 13y t Lent ritle. ayor I�ate. �3 /y A e s to form l e I3r rto ity Attorney WASHINGTON STATE SCIENCE & ENGINEERING FAIR h2:\Finance\City Clerk\Admin\Lodgmg Tax\2012\Science & Eng doc Bremerton/Washington State Science & Engineering Fair Page4of4 � st ' City Clerk ���� �� .� � ��,� } -� d ���/$9a�� � no�ux�y F�m..saa,w.�lengr.� ,Nastungton State Science and BOARD OF DIRECTORS President Michael Huey DMD Endodonhst Vice PresideM Gary Foss Aerospace Engmeer Secretanes Chartes Fntz Systems Analyst Pamela Odam Electncal Engineer Ret Treasurer Caroline Stein Consultant Fair Director Lois Jane Lugg E/ecMcal Eng�neer WSSEF Founder Gwen Croswaite Kandis Bnghton Home Educator Amy Heidner Educator James Luddon, Jr Profess�onal Engineer, Ret Mary Omberg Educator Ret Deanna Phdlips E/ectncal Engmeer J David Rubie PTSA Sc�ence Cha�r Warren Spalmger Nuclear Engineer Dawd Steindl Eng�neenng Manager Flint Walpole Educator Prfnc�pal Julie Wasserburger Educator Pr�nc�pal Endorsements Washington NASA Space Grant ConsoRium (NASA) WA Superirttendent of Publ�c Instruction (OSPI) Affiliate Intel Intemational Science 8� Engineering Fair (13EF) � in � �on Sta�� Science Utl�s � � �n�ineerin� �F�ir' an E Fau, PO Bos 2412, Silverdale, V1/A 98383-2412 Tel (360) SS1-0012 Fas (360) 692-0380 www wssef Tourism Promotion Services Aqreement SCOPE OF SERVICES Work Plan — Exhibit A Recrwt participants and �udges from throughout Washmgton Promotional Activities -- Parentlstudent workshops, WA State science teacher assembly and commurnty service group presentations and outreach pro�ects Full color posters, designer, brochures and postage �12,000 00 Total Expenditures $12,000.00 "Celebrating 55 Years of Encouraging Young Scient�sts and Engineers (1957 - 2012)"