Loading...
HomeMy WebLinkAbout5344Contract Number: Vendor Sub�ect. Department• File Class. Begin Date. End Date: Review Date: Vault Date: Comments: 5344 KITSAP COUNTY HISTORICAL SOCIETY & MUSEUM Tourism Promotion Services Agreement City Clerk LEG 12-1 1/1/2014 12/31/2014 2014 TOURISM PROIVIOTION SERVIC�S AG�ZEElVIENT Kitsap Co Historical Society Museum The City of Bremerton ("Crty") and Krtsap Co Histoncal Society Museum ("Orgamzation"), referred to collectively as the "Parties," enter mto the followmg Agreement for Tourism Promotion services 1. Scope: The Orgamzation shall provide tourism promotion services for the City Tounsm promotion shall mean activrties and expendrtures designed to mcrease tounsm to the Crty Tourism promotion activities may mclude, but are not limited to, advertising, publicizmg, or otherwise distnbutmg mformation for the purpose of attractmg and welcoming tourists to the City The Orgamzation shall provide to the Crty a work plan attached hereto as Exhibrt A settmg forth its goals and ob� ectives for successful tounsm promotion. II. Term: This agreement shall commence on the date of execution of this Agreement and shall contmue m full force and effect until December 31, 2014 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 Orgamzation an amount not to exceed Eleven Thousand ($11,000 00) for Tounsm Promotion services However, fundmg for this Agreement is sub�ect to the actual Hotel/Motel Tax funds received by the City If HoteUMotel Tax receipts are lower than budgeted fundmg may be decreased The Orgamzation shall submrt monthly billmg mvoices, by the 15 of the month, detailmg how activrties and services performed by the Orgamzation durmg the precedmg month have specifically promoted tourisin in the City of Bremerton mcludmg measurable results Upon receipt of a conformmg billing mvoice, the City shall promptly process payment If a billmg invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought mto compliance Such withholdmg does not relieve the Orgamzation of its obligations under this Agreement Failure by the Orgamzation to submrt all conformmg billmg mvoices by January 15 after the expiration of this Agreement may result in the forfeiture of remaming unbilled compensahon The Orgamzation 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 Orgamzation represents that it is skilled m the matters addressed m the Scope of Work and is performmg mdependent functions and responsibilities withm its field of expertise The Orgamzation and its personnel are independent contractors and not employees of the City The Organization and its personnel have no authority to bmd the City or to control the City's employees and other contractors. �ione of the benefits provided by the City to its employees, mcludmg, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub- Bremerton/Krtsap Co Historical Society Museum Page 1 of 4 consultants of the Orgamzation Organizahon will be solely and ent�iely respons�ble for �ts acts and for the acts of the Organization's agents, employees, representatives and sub-consultants during the perfonnance of this Agreement The City may, durmg the tenn of this Agreement, engage other mdependent contractors to perfornl the same or similar work As an mdependent contractor, the Organization is responsible for its own management The Crty's admimstration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel As an mdependent contractor, Organization is responsible for payrnent of all taxes and licensmg fees necessary to perform its obligations under this Agreement These taxes and fees mclude but are not limzted to State mdustrial msurance, Busmess & Occupation, State professional licensing, and City busmess licensmg If any taxes or fees due the City have been declared delmquent, the City may withhold the delinquent ainount, plus any additional charges arising from the delmquency, from any payments due Orgamzation V. Indemnification: Orgamzation shall defend, indemmfy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, m�unes, damages, losses or suits, mcluding all legal costs and attorney fees, ansmg out of or m connection with the performance of this Agreement, except for that portion of the m�uries 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 mdemmfication The provisions of this section shall survive the expiration or termmation of tlus Agreement VI. Insurance: Prior to durmg the performance of the work covered by this Agreement, Orgamzation shall provide the Risk Manager for the City with evidence that rt has obtamed and mamtains m 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 Organization organizes, promotes or sponsors an event mvolving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtamed products liability and liquor liability msurance of at least $500,000 00 per occurrence, for each event The City shall be named as additional msured and it shall be an affirmative obligation upon Organization to advise the Crty's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to Crty of Bremerton, attn Risk Management, 345 6` Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any msurance policy set out herem, and failure to do so shall be construed to be a breach of this Agreement The Orgamzation's msurance shall be primary and non-contributory msurance as respects the Crty and shall contam a waiver of subrogation agamst the Crty for claims arismg out of any operations, liabilrties and obligations to which coverage applies Bremerton/Kitsap Co Historical Society Museum Page 2 of 4 Vll. General Condrtions: A Reports and Infonnation When requested by the City, Organization shall furnish periodic reports and documents on matters covered by this Agreement The reports and documents shall be furnished m the time and fonn requested Organization shall mamtam accountmg records in accordance wrth Generally Accepted Accounting Prmciples (GAAP) to substantiate all billed amounts. B Work Performed at Or�amzation's R�sk Orgamzation shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants m the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Orgamzation's own risk, and Organization shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use m connection with the work C Place of Work The Orgamzation shall perfonn the work authorized under this Agreement at its offices m Bremerton, Washmgton Any necessary meetmgs 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 ent�re agreement between the Parties, and the Parties acknowledge that there are no other agreements, wrrtten or oral, that have not been set forth m the text of this Agreement E Severabilitv Should any part of this Agreement be found void, the balance of the Agreement shall remam m full force and effect F Modification This Agreement may only be modified by written instrument signed by both Parties G Written Notices All commumcations regardmg 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 m wntmg City Address Crty Clerk 345 6` Street, Suite 600 Bremerton, WA 98337 Organization Address Patricia Drolet 280 Fourth Street Bremerton, WA 98337 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 arismg 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 msist upon strict performance of any of the covenants and agreements contained herem, or to exercise any option herem conferred m one or Bremerton/Kitsap Co Historical Society Museum Page 3 of 4 more mstances shall not be construed to be a waiver or relinquislunent of said covenants, agreements or options, and the same shall be and remam m full force and effect J Compliance with Laws Organization shall comply witli all applicable Federal, State, and local laws m perfomm�g rts obligations under this Agreement K Choice of Law and Venue This Agreeinent shall be mterpreted accordmg to the laws of the State of Washmgton Any �udicial action to resolve disputes arising out of this Agreement shall be brought in Krtsap County Superior Court L Attorneys' Fees In the event of litigation to enforce any of the tenns or provisions herem, each party shall pay all its own costs and attorney's fees M Assig;nment Any assignment of this agreen�ent by the Organization wrthout the wrrtten consent of the City shall be void VIII. Nondiscrimination: Organization shall not discnmmate m 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 termmated by either party for convemence 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 withm five (5) days of written norice and diligently completes the correction thereafter Upon such termmation, City will be enritled to reports showmg the status of all services Orgamzation is providmg to the City as of the effective date of termmation X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relatmg to the use of HoteUMotel Tax CITY OF BREMERTON J`' By P ent its r Date Dl — 3 / — ,ZO � q KITSAP CO HISTORICAL SOCIETY MUSEUM � � �� a�, gy u c� a rv�.�t' 1tS �XtC�1'F�ve l��Yec�'�c7� Date �f a�i' ae r t/ —�— Approved as to form � /v° v � Bremerton C Attorney R \Finance\City C1crk�,AdmmU.odgmg Tax\LodgmgTaxContractForm doc , �i� ,� � ,� �►: . �'+'` _�� T Bremerton/Krtsap Co Historical Society Museum Page 4 of 4 Exhibit A Exhibrts February "A Woman of Character Rosamond Johnson " Sylvan Library, Bremerton March "Women's Work, Breakmg the Mould Challenges and Changing Lives of Kitsap County Women " �� May "Armed Forces Display " June "Asian Pacific American Experience" First Friday Events (mcludes exhibit openmgs with speaker) Feb 7 Book Signmg Images ofAmeraca Series. Silverdale March 7 Exhibrt Opemng "Women's Work Breaking the Mold" Celebrating National Women's History Month Lecture "Women in the Workplace " Apri14 Meet Your Museum. " May 2 Brass Qumtet playmg patnotic songs June 6 Exhibit Operung "Asian Pacific American Experience " August 1 Ice Cream Social September 5. Meet Your Museum October 3 Accordion players December 5 A Commumty Holiday Celebration & Music Special Events (distribution & of promotional materials) Military Appreciation Day, March 29, County Fairgrounds Kitsap Antique Show, April 5,6 Kitsap County Fairgrounds Armed Forces Day, May 17 (FREE admission) Krtsap Harbor Festival, May 24, 25 Bremerton Peterson Farm Day, September, Silverdale Blue Star Museum (FREE to all active military families May 26-Aug 31) American Alliance of Museums Annual Meetmg, FREE to attendees May 16-22 Heritage Events Herrtage Buildmg, August, K�tsap County Fa.irgrounds Kitsap Herrtage Banquet, September 19 Old Mill Town Chrishnas, December 13,14 Eat Your Way through ICrtsap History Pro�rams (Lectures & Workshops) March 13.Lecture "Buildmg the Bambridge Island Japanese Amencan Exclusion Memorial." Clarence Moriwaki April Lecture " Navy League Speaker June 12 Lecture "What's in a Name� Puget Sound Place Names " Richard Blumenthal June National History Day presentations July 17 Lecture "Canoe Journey 2014 -Return to Bella Bella " Dennis Lewarch,Tribal History Preservation Officer Aug 7 Lecture "Aviation History of Kitsap County." Roy Runyon October Lecture "History of Quilts." Nancy Martm November Archival Workshop Preserving your textiles & digital photos Research�ng your homestead Eat Your Wav Throu�h Krtsap Histor� ` April Bainbridge Island Congregational Church May Pearson Point house and church June Nava1 Fuel Depot, Manchester July Puget Sound Place Names August. Botarucal Gardens/Carter Point September Manor Farm Inn October Royal Valley Farm Kids Korner (crafts m con�unction v►nth First Fndays open to public) March 7"Creahng Artwork from a Mold" Apn14 Make your own Wheat Grass Easter Basket June 6 Kids Korner Origami September 5. "Lunch sack mini album " November 7 "Thanksgivmg Leaves Pro�ect " December 5 "Snowflalce Christmas Ornament " Bremerton/Museum Promotion Member, Bremerton Chamber of Commerce Member, Downtown Bremerton Association BKAT member Bremerton Arts District Museums —rack card Member, Kitsap Perunsula Visitor Bureau Member, Waslungton Museum Association Member, American Association of State & Local History Museums Member, American Alliance of Museums Member, Blue Star Museum