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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
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Approved as to form
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Br merton City Attorney
R \Finance\Crty Clerk\Admm\Lodgmg TaazU.odg�ngTaxCoQtradFam doc
WASHINGTON STATE SCIENCE
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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)"