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
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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.
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Bremerton/Washington State Science & Engineenng Fair
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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
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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
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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
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Bremerton/Washington State Science & Engineering Fair
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,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)"