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Home My WebLink About5231Contract Number Vendor: Sub�ect Department: File Class Begin Date: End Date: Review Date• Vault Date: 5231 WASHINGTON STATE SCIENCE & ENGINEERING FAIR Tourism Promotion Services City Clerk LEG 12-1 1/1/2013 12/31/2013 2015 Comments TOURISM PROMOTION SERVICES AGREEMENT Washington5tate Science 8� Engineering Fair The City of Bremerton ("C�ty") and Washington State Science 8� Engineering Fair("Recipient"), referred to collectively as the "Part�es," enter �nto the follow�ng Agreement for Tourism Promotion services: I. Scope: The Recipient shall provide tounsm promotion services for the City. Tourism promot�on shall mean act�v�t�es and expenditures designed to �ncrease tourism to the City Tour�sm promotion activities may include, but are not limited to, advertising, publicizing, or otherw�se d�str�but�ng information for the purpose of attracting and welcoming tourists to the C�ty The Recip�ent shall provide to the City a work plan attached hereto as Exh�bit A setting forth its goals and ob�ectives for successful tounsm promotion YI. Term: This agreement shatl commence on the date of execut�on of this Agreement and shall continue in full force and effect untd December 31, 2013 uniess terminated earl�er pursuant to Sect�on IX of th�s Agreement Iii. Compensation:In cons�derat�on of the serv�ces provided pursuant to this Agreement C�ty shall pay the Recipient an amount not to exceed Eleven Thousand Dollars ($11,000 00) for Tour�sm Promot�on services However, funding for this Agreement is sub�ect 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 Recip�ent shall submit a bdling statement deta�ling how activities and services pertormed by the Reup�ent have spec�fically promoted tounsm in the City of Bremerton including measurable results. Upon rece�pt of a conform�ng billing statement, the City shall promptly process payment. If a billmg statement does not conform to this Agreement, the C�ty may withhold payment untii the statement �s brought �nto compliance. Such withhold�ng does not relieve the Rec�p�ent of its obligations under this Agreement Failure by the Organizat�on to submit all conform�ng b�ll�ng statements by January 15th after the expiration of this agreement will result in the forfeiture of remaining unbilled compensation. The Rec�p�ent 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 Rec�pient represents that it is skilled in the matters addressed in the Scope of Work and is performing mdependent functions and responsibilities within its field of expert�se. Recipient and its personnel are independent contractors and not employees of the City. Reup�ent and �ts Qersonnel have no authority to b�nd the City or to control the City's employees and other contractors. None of the benefits prov�ded by the City to �ts employees, includmg, but not lim�ted to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Recipient. Recipient w�ll be solely and entirely respons�ble for �ts acts and for the acts of Rec�p�ent's agents, employees, representatives and sub-consuitants during the performance of this Agreement The City may, during the term of th�s Agreement, engage other �ndependent contractors to perform the same or similar work Bremerton/Washmgton State Sc�ence & Engmeer�ng Fair Page 1 of 4 As an independent contractor, Rec�pient �s respons�ble for its own management The City's adm�nistration and enforcement of th�s Agreement shall not be deemed an exerc�se of managerial control over Rec�pient or �ts personnel As an independent contractor, Recipient is responsible for payment of all taxes and I�censing fees necessary to perform its obligations under this Agreement These taxes and fees include but are not limited to State industnal insurance, Bus�ness & Occupation, State professional licensing, and City business l�cens�ng. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any add�tionai charges arising from the delinquency, from any payments due Recipient V.Indemnification: Reapient shati defend, indemn�fy and hold the City, its otf�cers, officials, employees, agents and volunteers harmless from any and all claims, in�uries, damages, losses or suits, includ�ng all legal costs and attorney fees, ar�sing out of or �n connection with the performance of this Agreement, except for that portion of the in�uries and damages caused by the City's sole negiigence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of mdemrnficatron. The provisions of this sect�on shall survive the expiration or term�nat�on of this Agreement. VI.Ynsurance: Prior to and dur�ng the performance of the work covered by this Agreement, Recipient shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect dunng the term of this Agreement comprehensive general liability msurance coverage of at least $500,000 00 per occurrence In the event Rec�p�ent orgarnzes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Recipient shall also provide evidence that it has obtained products liabdity and liquor liab�lity msurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and a copy of tne appropr�ate additional insured endorsement shall be prov�ded to the City's Risk Manager. The R�sk Manager shall be provided thirty (30) days wr�tten notice of any cancellation of said insurance VII. General Conditions: A Reaorts and Information• When requested by the City, Recipient shall furnish per�od�c reports and documents on matt,ers c�vered by th�s Agreement. The reports and documents shall be furnished in the time and form requested. Such reports and documents shall �nclude. list of fest�vals and special events sponsored by Recipient with the amount of revenue expended on each fest�val, spec�al event or tounsm-related facility, the estimated number of tourists and/or persons traveling over fifty mifes to the destination, and the est�mated number of lodg�ng stays generated per fest�val or tour�sm-related event Reupient shall mamtain accounting records m accordance with Generally Accepted Accounting Pr�nciples (GAAP� to substant�ate all b�iled amounts. B Work Performed at Reap�ent's Risk•Rec�p�ent shall take all precaut�ons 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 protect�on necessary for that purpose All work shall be done at Recipient's own risk, and Rec�pient shall be responsible for any toss of or damage to matenals, tools, or other articles used or held for use in connection with the work Bremerton/Wash�ngton State Science & Eng�neer�ng Fa�r Page 2 of 4 C Place of Work. The Recipient shali perform the work authorized under this Agreement at �ts off�ces �n S�Iverdale, Washington Any necessary meetmgs w�th the C�ty staff shall take piace 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 Part�es, and the Part�es acknowledge that there are no other agreements, wr�tten or oral, that have not been set forth �n the text of this Agreement E Severabil�tv Should any part of th�s 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 Wr�tten Not�ces. All commurncations regarding this Agreement shall be sent to the parties at the addresses listed below by registered or ist class ma�l, 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 6�' Street, Su�te 600 Bremerton, WA 98337 WashingtonState Science 8� Engineering Fair P O Box 2412 S�iverdale, WA98383 H. Waiver• Fa�lure to enforce any provision of this Agreement shali not be deemed a waiver of that provision Waiver of any nght or power arising out of this Agreement shali not be deemed waiver of any other r�ght or power I Non-Wa�ver of Breach. The fadure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exerc�se any opt�on here�n conferred in one or more �nstances shail not be construed to be a wa�ver or rel�nquishment of said covenants, agreements or options, and the same shall be and remam in full force and effect J Compliance w�th Laws Rec�p�ent shall comply with all applicabie Federal, State, and local laws in performing its obl�gations under this Agreement. K Choice of Law and Venue: This Agceement shall be interpreted according to the �a�ts �f the State of Washington Any �ud�c�al act�on to resolve disputes arising out of th�s 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 here�n, each party shall pay ali its own costs and attorney's fees. M Ass�gnment• Any ass�gnment of th�s agreement by the Rec�pient without the wr�tten consent of the City shall be void. VIII. Nondiscrimination:Rec�p�ent shail not d�scnminate in employment or serv�ces to the public on the basis of race, color, nafional origrn, sex, religion, age, mantal status, sexual or�entation or disab�lity, except for employment actions based on bona fide occupational qualification. Bremerton/Washington State Science & Engineering Fair Page 3 of 4 IX. Termination: This Agreement may be terminated by either party for convenience upon th�rty (30) days written not�ce to the other party, or for cause �f either party fa�is substant�ally to perform through no fault of the other and does not commence correct�on within five (5) days of writte� not�ce and ddigently completes the correction thereafter Upon such terminat�on, C�ty will be ent�tied to reports show�ng the status of all serv�ces Recipient is providing to the C�ty as of the effective date of termination. X. Termination of Other Contracts.Th�s Agreement shall supersede all prior Agreements between the parties relat�ng to the use of Hotel/Motel Tax CITY OF BREMERTON WASHINGTON STATE SCIENCE & ENGINEERING FAIR � � By. P r Lent _ Title yor Date Z - '�z-/3 Approved as to form /"( � Bremer on C�ty Attorney ��.��:� By. Ca.�\.�.� �. S�:.n.. Title:"T'�o.�i,�e�- �SSE� Date• 1 G lerk R\Finance\C�ty Cierk\Adm�n\Lodg�ng Tax\2013\Suence & Eng 2013 Lodging Tax Agreement.docx Bremerton/Washington State Suence & Eng�neering Fa�r Page 4 of 4 �� . ^� ��, �� L � d �� PmmmYrt' lvnirt Sai�urUO mJEymrm' UU�as i n� to n S�a �e Sci en ce an� En�in�erin� Fair State Science and E�guieerutg Fau, PO Bog 2412, BOARD OF DtRECTORS Pres�dent Michael Huey DMD Endodonbsf vice Pres�derrt Gary Foss Aerospace Engmeer Secretary Amy Heidner Educator rreasurer CaroUne Stem Consuttant Fa�r Directo� Lois Jane Lugg Electnca/ Engmeer WSSEF Founder Gwen Croswa�te Kandts BngMon Home Educator Charies Fritr Systems Analyst James luddon, Jr Professronal Engineer, Re[ Pamela Odam E/ectrtcal Engineer Ret Mary Omberg Eduptor, Ret Deanna Phtllips ElecMcal Eng�neer J Dawd Rubie PTSA Scrence Cha�r Warren Spalmger Nuclear Engineer Dawd Stemdl Engineenng Manager Endorsements Wash�ngton NASA Space Grant Consortium (NASA) WA SuperintendeM of Public Instruction (OSPI) Washington State Academy of ScPences (YVSAS) American Assoc�at�on for the Advancement of Sc�ence Affiliate IMeI Internat�onal Science 8 Engmeenng Fair (ISEF) WA 98383-2412 Tel 551-0012 Fa� (360) 692-0380 www wssef or Tourism Promotion Services Aqreement SCOPE OF SERVICES Work Plan — Exhibit A Recruit participants and �udges from throughout Washington Promotional Activities — Parent/student workshops, WA State science teacher assembly and commurnty service group presentations and outreach pro�ects Full color posters, designer, brochures and postage $11,000 00 Tota! Expenditures $11,000.00 "Celebrating 56 Years of Encourag�ng Young Scient�sts and Engmeers (1957 - 2013)" wre an endorserne�. 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' ` ' COPAMERqALGENERALLIABIUTY S1AW121334012 09lOi/2012 09/O1/2013 GEN82ALAGGREGATE $31,000,000 OCCURRENCE FORM PRODUCT-COMP�P AGG $31,000,000 INCLUDES STOP GAP PBtSONAL 8 ADV INJURY $25,000,000 EACH OCGYIRREMCE $25,000,000 (LIABIUTY IS SUBJECT TO A S 100,000 �R PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGA7E $150,000,000 A�I7�Sf��£i�t8�`Y ° ' � , ANY AUTO SIAW121334012 09/O112012 09/0112013 COMBIN� �NGLE LIMR $�,ppp,ppp IJABiI(TY IS SUBJECT TO A S1IX3 SIR PAYABCE FR�M PROGRAM ANNUAL PROGRAM AGGREGATE NONE 3�ROP£�Y � , ' , , • ' SIAW 121334012 09/Ol/2012 09/Ol/2013 A1.L RISIC PER OCC E7CCL � 8 R $t50,U00,000 vn iuous �rrnnua� � occ $2s,000,oao - -_______ _ _�______ _ _._ ___ _ ___�___ _� ______ _. __-� -__ __ (PROPERTY IS SUBJECT TO A 5250,tH10 SIR PAYA�E FltOM PROGRAM ANNUAL PROGRAM AGGREGATE NONE L�tI�VtHP�l�L��641i:EE-}N�1ESF1F - ` c " � ` _ • , , (dtIMESUBIECTTOA�O.00DPROCRAMSfR) SIAW1213340I2 09/01/2012 09/Ol/2013 PERI.OSS $1,000,000 t��r��ta��'€�t�s��.��ro��t��.tt� . , - , . . Proof of Insurance concemmg die WA Staoe Screace 8c F�g�rteeru�g Farc CANCELLATION SHOULD ANY OF THE ABOVE DESCRIB� COVERAGE BE CANCQLEU BEPORE THE EXPIRATION DATE TH6tE0F, NOTICE WILL BE DELIVBi� IN ACCORDANCE VMTH THE PROVISIONS OF Atm Carolme M. Stein WA State Science & Engmeermg Fair PO Box 2412 Silverdale, WA 98383 / � �' � 2649460 THIS CERTIFICATE IS ISSUED AS A MATTER OF INfORMATION ONLY AND CONFBtS NO RIGHTS UPdN THE CERTIFlCATE HO1.082. THIS CERTIFICATE DOES NOT AMEND, IXfEND OR ALTER THE CQVERAGE AFFORDED BY THE MEMORANDUM OF �VB2ACE BH.OW THIS CERTIRCATE OF INSURANCE DOES NOT COPISRTUfE A CONTRACT BEtVVEEN THE ISSUWG INSURER(SJ, AUTHORIZED REPRESBVTATIVE OR PRODtJCER, ANO THE CERTIFlCATE HQLDER. IMPdRTAPtT If the cerhfieate holder �s an ADDRIONAL INSUR�, t�e MOC rtp�t be ertdorsed. If SUBRaGATiON IS WAN�, sib�ed Eo tlre 6�ms artd oard�Ons of tlre MOC, cerlain caveiage may