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HomeMy WebLinkAbout5351Contract Number Vendor: Sub�ect: Department• File Class: Begin Date• End Date: Review Date: Vault Date: Comments: 5351 WASHINGTON STATE SCIENCE & ENGINEERING FAIR Tourism Promotion Services Agreement City Clerk LEG 12-1 1/1/2014 12/31/2014 2014 0 TOURISM PROMOTION SERVICES AGREEMENT Washington State Science & Engineering Fair The City of Bremerton ("City") and Washington State Science & Engmeermg Fair ("Orgamzation"), referred to collechvely as the "Parties," enter mto the followmg Agreement for Tounsm Promotion services I. Scope: The Orgaruzation shall provide tounsm promobon services for the Crty Tourism promot�on shall mean activities and expendrtures designed to mcrease tounsm to the City Tounsm promohon achvihes may include, but are not lunrted to, advertismg, publicizing, or otherwise distnbuting u�formabon for the purpose of attracting and welcoming tounsts to the Crty The Orgamzation shall provide to the City a work plan attached hereto as E�chibit A settmg forth its goals and ob�ectives for successful tounsm promobon II. Term: Th�s agreement shall commence on the date of ex�ution of this Agreement and shall cont�nue m full force and effect until De�ember 31, 2014 unless termmated earlier pursuant to Sechon 1X of this Agreement ffi. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Orgamza.tion an amount not to exceed Eleven Thousand ($11,000 00) for Tourism Promotion services However, funding for ttus Agreement is sub�ect to the actual Hotel/Motel Tax funds received by the City If HoteUMotet Tax receipts are lower than budgeted fundmg may be decreased The Orgamzat�on shall subm�t a hilling invoice, by the 15�' of the month followmg the event, detailmg how activrties and services performed by the Orgamzahon dunng the event have specifically promoted tourism m the City of Bremerton mcludmg measurable results Upon receipt of a conformmg billmg mvoice, the Crty sha11 promptly process payment If a billmg mvoice does not conform to ttus Agreement, the City may vv�thhold payment until the mvoice is brought mto compliance Such vv�thholdmg does not reheve the Orgaruzation of its obligations under this Agreemen� Failure by the Orgamzahon to submit all conformmg billmg mvoices by January 15�` after the expiration of this Agreement may result m the forferture of remammg unbilled compensation The Organizahon 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: T'he Orgaruzation represents that rt is skilled m the matters addressed in the Scope of Work and is performmg mdependent functions and responsibilrties withm rts field of expertzse The Orgamzahon and its personnel are mdependent contractors and not employees of the Gty The Orgacuzation and its personnel have no authonty to bind the Crty or to control the Crty's employ�s and other contractors None of the benefits provided by the Crty to tts employees, mcludmg, but not hmited to, compensation, uisurance, and unemployment �nsurance are available from the City to the employees, agents, representatives, or sub- Bremerton/Washmgton State Science & Engmeenng Fair Page 1 of 4 consulta,nts of the Orgamzat�on Orgaruzation will be solely and ennrely responsible for its acts and for the acts of the Orgamzation's agents, employees, representatives and sub-consultants dunng the performance of this Agreement The City may, dwing the term of this Agreement, engage other independent contractors to perform the sa.me or simila.r work As an mdependent contractor, the Organ�hon is responsible for rts own management The Crty's admmistration and enforcement af t�us Agreement shall not be deemed an exercise of managerial control over Orgamzanon or rts personnel As an mdependent contractor, Orgamzahon is responsible for payment of all taxes and licensmg fees necessary to perform rts obligations under this Agreement These taxes and fees mclude but are not hc►uted to State mdusmal msurance, Busmess & Occupation, State professional licensmg, and City busmess hcensmg If any taaces or fees due the Crty have been declared delmquent, the City may wrthhold the delmquent amount, plus any addrtional charges arismg from the delmquency, from any payments due Orgamzabon V. Indemnification: Orgamzabon shall defend, mdemmfy and hold the Crty, its officers, officials, employees, agents and voluntcers harmless from any and all claims, m�uries, damages, losses or suits, mcludmg all legal costs and attorney fees, ansmg out of or m connection wrth the performance of this Agreement, except far that parhon of the m}unes and damages caused by the Crty's sole negligence The C�ty'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 se�tion shall survive the �pirahon or ternunation of this Agreement VI. Insurance: Prior to and dunng the performance of the work covered by this Agreement, Orgamzat�on sha.11 provide the Risk Manager for the City with evidence that it has obta.ined and mainta,ms m full force and effect dwxng the term of th�s Agreement comprehensive general liability msurance coverage of at least $500,000 00 per occurrence In the event Orgamzahon organizes, promotes or sponsors an event involving the sale or consumpt�on of food or alcoholic beverages, Orgamzation shall also provide evidence that rt has obtamed products liability and liquor liability insurance of at least $SOq000 00 per occunence, for each event The City shall be named as addrtional msured and rt shall be an �rmat�ve obligation upon Organization to advise the Crty's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, arin Risk Management, 345 6�' Street, Surte 600, Bremerton, WA 98337 vv�thm two days of the cancellatioq suspension or substanhve change of any msurance policy set out herem, and faslure to do so shall be construed to be a breach of this Agreement The Orgamzation's msurance shall be pnmary and non-contnbutory msurance as respects the City and shall conta,m a waiver of subrogation agamst the City for claims ansmg out of any operations, liabilihes and obligations to wtuch covera.ge appl�es Bremerton/Washmgton State Science & Engmeering Fair Page 2 of 4 VII. General Conditions: A Renorts and Information When requested by the City, Orgamzahon shall furnish penodic reports and documents on matters covererl by tius Agreement The reports and documents shall be funushed m the bme and form requested. Orgamzat�on shall mamtam accounhng records m accordance wlth Generally Accepted Accountuig Pnnciples (GAAP) to substantiate all billed amounts B Work PerFormed at Orgamzanon's Risk Organization shall take all precautions necessary and sha.11 be responsible for the safety of rts employees, agents, and sub-consulta.nts m the performance of the work hereunder and shall uhlize a11 protection necessary for that purpose All work shall be done at Organ�zation's own nsk, and Orgaruzation shall be responsible for any loss of or damage to matenals, tools, or other articles used or held for use m connection wrth the work C Place of Work The Orgamzabon sha.11 perform the work authonzed under this Agreement at its offices m Bremerton, Wastungton Any necessary meehngs vv�th the City staff shall take place at the Crty's offices, or at locahons mutually agreed upon by the parties D Enhre Agreement This Agrcement and rts E�chibrts constrtutes the entue agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth m the te�ct of this Agreement E Severabihtv Should any part of ttus Agreement be found void, the balance of the Agreement shall remam m full force and effect. F Modification T'his Agreement may only be modified by wntten mstrument signed by both Parhes G Wntten Notices All commumca,t2ons regarding th�s Ageement shall be sent to the parties at the addresses listed below by registered or lst class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address sta.ted in this Agreement or such other address as may be hereafter specified m wnhng City Address Organization Address City Clerk Carolme M Stem 345 6�' Strcet, Surte 600 P O Box 2412 Bremerton, WA 98337 Silverdale, WA 98383 H Waiver Failure to enforce any prov�sion of this Agreement shall not be deemed a waiver of that provision Waiver of any right or power ansmg 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 ms�st upon sh performance of any of the covenants and agreements contained herem, or to exercise any option herem conferred m one or Bremerton/Washmgton State Science & Engmeering Fair Page 3 of 4 more msta,nces shall not be construed to be a waiver or rehnquishment of said covenants, agrcements or opbons, and the sa.me shall be and remam m full force a.nd effect J Comnliance with L,aws Orgamzation shall comply wrt� all applicable Federal, State, and local laws in performmg rts obligations under this Agreement K Choice of I,aw and Venue Ttus Agreement shall be mterpreted accordmg to the laws of the State of Washington Any �udicial action to resolve disputes ansing out of this Agreement shall be brought m Krtsap County Supenor Court. L Attornevs' Fees In the event of lrtigation to enforce any of the terms or provisions herem, each party shall pay all its own costs and attorney's fces M Assi�nment Any assignment of th�s agreement by the Orgatuzafion vcnthout the wntten consent of the Crty shall be void VIII. Nondiscrimination: Orgatvzation shall not discnminate �n employment or services to the pubhc on the basis of race, color, national ongm, sex, rehgion, age, mantal status, sexual orientation or disability, except for employment actions based on bona fide occupational quahfication IX. Terminafion: Tlus Agreement may be termmated by either party for convemence upon thirty (30) days wntten nohce to the other party, or for cause if either pariy fa�ls substantially to perform through no fault of the other and does not commence conechon withm five (5) days of written notice and diligently completes the correchon thereafter Upon such termmation, City will be entrtled to reports showmg the status of all services Orgamzabon is providmg to the Crty as of the effective date of termuiat�on X. Terminafion of Other Contracts. This Agreement shall supersede all pnor Agreements between the parhes relating to the use of HoteUMotel Tax � :' I ' � .. � . �. .. .- . . - . � .. � Approved as to form � Br merton City Attorney R \Finance\Crty Clerk\Admm\Lodgmg TaazU.odg�ngTaxCoQtradFam doc WASHINGTON STATE SCIENCE C�lYL (� �_- R�I (lQ-RK i:� C� � C,�..�1v � ��(� b� �MSz 1'�.�(Jlll..� By ��.�e �� n e, �� S��_ i � 1ts ��$ i � �-[' Date ��,.w a� 2'7 Z. 0 t Crty Clerk Bremerton/Washmgton State Science & Engmeenng Fair Page 4 of 4 \\ ,,;i�� i ',�"� Pnmtmfru( Fu�urt Snnrttm anQEnyi�rctrs otungton State Science and BOARD OF DIRECTORS Pres�deM Michael Huey DA�D Endodonbst �� �� Gary Foss Aerospace Ern�i�er Secretary Amy Heidner Educata T��.�. Carohne Stem ConsuRant Fair Dmector Lois Jane Lugg Electncal Engmeer WSSEF Founder Gwen Croswa�te Emerrtus Charles Fntz Systems Anatyst Denms Heidner Aerospace E�areer Ret wmam H�pe Program Analyst Ret James Luddon, Jr Protessronal Engineer Ret Pamela Odam Electncal6igmeer Ret �r�`�� }��� <<<- �'Uas i n��o n S�a �e S�i en ce , • � . • �_�.�.:. an� En�ineer�in� .�ai� , ,,, , i,l�'1 Mary Omberg Educator Ret Deanna Phillips E/ectnca/ Eng�neer J David Rubie PTSA Scaence Chair Warren Spalmger NuGear Engmee� Dav�d Stemdl Engmeenng Manager Endorsements Washington NASA Space Grant Consortwm (NASA) WA Supenntendent of Public Instruction (OSPI) Washington State Academy of Sciences (WSAS) Amencan Association for the Advancement of Science (AAAS) A�Irefe Intel Intemat�onal Science & Engineenng Fa�r (ISEF) Fau, PO Bog 2412, S�lverdale, WA 98383-2412 Tel (360) 551-0012 Faa (360) 692-0380 www wssef Tourisrn Promotion Services Aqreernent SCOPE OF SERVICES Work Plan — Exhibit A Recruit participants and �udges from throughout Washmgton Promotional Activities — Parent/student workshops, WA State science teacher assembly and community service group presentations and outreach pro�ects Full color posters, designer, brochures and postage $11,000 00 Total Expenditures $11,000.00 "Celebrating 57 Years of Encouraging Young Scientists and Engineers (1957 - 2014)"