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Home My WebLink About5793AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5X SUBJECT: Tourism Promotion Services Study Session Date: February 14, 2018 Agreement with Washington State Science & COUNCIL MEETING Date: February 21, 2018 Engineering Fair Department: City Clerk Presenter: Shannon Corin Phone: —(360) 473-5323 SUMMARY: The Lodging Tax Advisory Committee recommended $45,000 be allocated to Washington State Science & Engineering Fair for the 2018 funding year. City Council approved the recommendation at the July 19, 2017 Council Meeting and the $45,000 allocation was included in the 2018 Budget adopted by Ordinance No. 5341 on November 20, 2017. Pursuant to BMC 2.76.100, contracts over $25,000 require Council approval. ATTACHMENTS: Tourism Promotion Services Agreement FISCAL IMPACTS (Include Budgeted Amount): This item has been budgeted for 2018. STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Tourism Promotion Services Agreement with Washington State Science & Engineering Fair in the amount of $45,000, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: E> Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 TOURISM PROMOTION SERVICES AGREEMENT Washington State Science & Engineering Fair (WSSEF) The City of Bremerton ("City") and Washington State Science & Engineering Fair ("Organization"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: L Scope: The Organization shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion. The event(s) promoted by Organization must occur within the agreement Term, unless otherwise agreed to in writing by the City. II. Term: This agreement shall commence on January 1, 2018 and shall continue in full force and effect until December 31, 2018 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 Organization an amount not to exceed Forty -Five Thousand Dollars ($45,000.00) for Tourism Promotion services. However, funding for this Agreement is subject 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 Organization shall submit an invoice detailing how activities and services performed by the Organization during the event specifically promoted tourism in the City of Bremerton including measurable results. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Such withholding does not relieve the Organization of its obligations under this Agreement. Failure by the Organization to submit all conforming billing invoices by January 15'h after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. The Organization 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 Organization represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. The Organization and its personnel are independent contractors and not employees of the City. The Organization and its personnel have no authority 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 Organization. Organization will be solely and entirely responsible for its acts and for the Bremerton/W SSEF Page 1 of 4 acts of the Organization's agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, the Organization is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As an independent contractor, Organization is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing_ If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Organization. V. Indemnification: Organization shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries 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 indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Organization shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and it shall be an affirmative obligation upon Organization to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6' Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The Organization's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. Bremerton/WSSEF Page 2 of 4 VII. General Conditions: A. Reports and Information: When requested by the City, Organization shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be fumished in the time and form requested. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Organization's Risk: Organization shall take all precautions 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 protection necessary for that purpose. All work shall be done at Organization'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 in connection with the work. C. Place of Work: The Organization shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings 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 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. Severability: 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 listed below by registered or Ist 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 in writing. City Address Organization Address City Clerk Caroline M Stein 345 6h Street, Suite 100 PO Box 2412 Bremerton, WA 98337 Silverdale, 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. Bremerton/WSSEF Page 3 of 4 J. Compliance with Laws: Organization 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 judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attomeys' 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 Organization without the written consent of the City shall be void. VIII. Nondiscrimination: Organization shall not discriminate in 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 terminated by either party for convenience 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 within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Organization is providing to the City as of the effective date of termination. X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON Wl—o'♦► Bv: UGrey, Wheeler its: Ma or Date: • a, • IV - Approved as to form: Bremerton Ci Attorne` Bremerton/WSSEF Page 4 of 4 r � - its: Date: Attest: City Clerk EXHIBIT A Scope of Services • To continually promote and host the annual Washington State Science & Engineering Fair (WSSEF) and Science Film Festival in the City of Bremerton. • To develop, design, print and distribute more than 15,000 promotional materials statewide. • To advertise through public access television, print media, social media and in personal outreach efforts the benefit of traveling to Bremerton, attending the WSSEF and staying for the local tourist activities. • To seek new outlets and journalists for feature stories in magazines and trade journals about the WSSEF in Bremerton. • To regularly update the direct mailing lists to all public, private and parochial schools as well as home school student groups. Then, to use those lists to direct market the benefits of traveling to Bremerton to attend the WSSEF. These efforts include a listing of "Sites and Activities" in our area (parks, museums, theatres, etc.) BremSD81 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE (MOC) BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONST ITUTE A CONTRACT BET WEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATI VE OR PRODUCER, AND THE CERT IFICATE HOLDER. ------------------------------------------------------------------------------------------------ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the MOC must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the MOC, certain coverage may Clear Risk Solutions 451 Diamond Drive Ephrata, WA 98823 Phone 509-754-2027 Fax 509.754.3406 Bremerton School District #100-C 134 Marion Ave N. Bremerton, WA 98312 GENERAL LIABILITY SIAW/Munich Re StarStone Specialty Insurance Company AUTOMOBILE LIABILITY SIAW/Munich Re StarStone Specialty Insurance Company PROPERTY SIAW/Munich Re, et al. CRIME / PUBLIC EMPLOYEE DISHONESTY SIAW/Munich Re THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TOT HE INSURED NAMED ABOVE FORT HE COVERAGE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MOC DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t7tritKAL LIAttILI IT COMMERCIAL GENERAL LIABILITY SIAW171834012 09/01/2017 09/01/2018 GENERAL AGGREGATE $31,000,000 OCCURRENCE FORM / PRODUCT -CO MP/OP AGG $31,000,000 \v/ PERSONAL & ADV. INJURY $25,000,000 EACH OCCURRENCE $25,000,00 (LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL PROGRAM AGGREGATE $150,000, AUTOMOBILE LIABILITY ANY AUTO SIAW171834012 09/01/2017 09/01/2018 COMBINED SINGLE LIMIT $25,000,000 (LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE SIAW171834012 09/01/2017 09/01/2018 ALL RISK PER OCC EXCL EQ & FL $150,000,000 EARTHQUAKE PER OCC $35,000,000 FLOOD PER OCC (Except FZ A&V, which is$JMM) $25,000,000 (PROPERTY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE CRIMEIPUBLIC EMPLOYEE DISHONESTY (CRIME SUBJECT TO A$250,000 PROGRAM SIR) SIAW171834012 09/01/2017 09/01/2018 PER LOSS $1,000,000 Regarding participation in WA State Science & Engineering Fair. City of Bremerton is named as Additional Insured regarding this participation only and is subject to coverage terms, conditions and exclusions. Additional Insured endorsement is attached. MOC is Primary and non-contributory. Waiver of Subrogation is attached. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN rtt,t,urcuruvt.c vviin Inc rmuv Ialulva ter Inc mut— Fc i4m nrR I NI ITHnR17;:n RFPRFCFIdTATIVC City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 3338809 ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: GENERAL LIABILITY COVERAGE PART How Coverage is Changed It is agreed that the interest of any Additional Insured is recognized as their interests may appear, providing that the certificate of coverage that this is attached to has been issued and is on file with the Company. The Limits of Coverage applicable to the Additional Insured are those specified in either the: 1. Written Contract or written agreement; or 2. Declarations for this memorandum, whichever is less. These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations. Additional Insured: City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 Regarding participation in WA State Science & Engineering Fair. City of Bremerton is named as Additional Insured regarding this Vparticipation only and is subject to coverage terms, conditions and exclusions. Additional Insured endorsement is attached. OC is Primary and non-contributory. Waiver of Subrogation is attached. V Other terms: All other terms of your MOC remain the same. 3338810 WAVER OF TRANSFER OF RIGHTS AND RECOVERY / AGAINST OTHERS TO US THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 If insurance with any other insurer is available to cover a Claim for an Insured for any coverage under this memorandum whether on a primary, excess or contingent basis, the coverage under this memorandum is excess of and does NOT contribute with such other insurance. The coverage under this memorandum is NOT subject to the terms, conditions, or limitations of any other insurance. T his condition does NOT apply with respect to excess insurance purchased specifically to be in excess of this memorandum. Any person or organizations as shown in the Schedule above, for whom we make a payment under this coverage must transfer their right to recovery against any other party. After a Claim they must do everything necessary to secure, and nothing to impair these rights. However, we will waive our right of recovery against any person or organization as shown in the Schedule above with respect to which the Insured has waived its right of recovery prior to the Occurrence, Accident or Wrongful Act in an Insured Contract. Other terms: All other terms of your Memorandum of Coverage remain the same. 3338811 :tt75-?l� BremSD81 Schools Insurance Association of Washington CERTIFICATE OF COVERAGE Issue Date: 08/23/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE (MOC) BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONST ITUTE A CONTRACT BET WEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATI VE OR PRODUCER, AND THE CERT IFICATE HOLDER. ------------------------------------------------------------------------------------------------ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the MOC must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the MOC, certain coverage may endnrcement. A ctatement nn thic certificate dnec not rnnfer rinhtc to the rrertifirate hnlder in lieu of curh endnrcementfcI PRODUCER COMPANIES AFFORDING COVERAGE 1110 on Clear Risk Solutions GENERAL LIABILITY In GENERAL LIABILITY SIAW/Munich Re et al. 451 Diamond Drive GENERAL AGGREGATE AUG 3 Q 2018 Ephrata, WA 98823 PRODUCT -CO MP/OP AGG $31,000,000 Phone 509-754-2027 Fax 509-754-3406 AUTOMOBILE LIABILITY SIAW/Munich Re et al. city Of Bremerton City Attorney's Office INSURED PROPERTY SIAW/Munich Re, et al. LIABILITY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS) Bremerton School District #100-C 134 Marion Ave N. Bremerton, WA 98312 CRIME / PUBLIC EMPLOYEE DISHONESTY, SIAW/Munich Re COMBINED SINGLE LIMIT $25,000,000 (LIABILITY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE COVERAGES; PROPERTY THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TOT HE INSURED NAMED ABOVE FORT HE COVERAGE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MOC DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF COVERAGE MOC NUMBER MOC EFF MOC EXP DESCRIPTION LIMITS DATE DATE 345 6th Street, Suite 100 01 .� GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY SIAW181934012 09/01/2018 0901/2019 GENERAL AGGREGATE $31,000, OCCURRENCE FORM PRODUCT -CO MP/OP AGG $31,000,000 PERSONAL & ADV. INJURY $25,000,000 EACH OCCURRENCE $25,000,000 LIABILITY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $150,000,000 AUTOMOBILE LIABILITY ANY AUTO SIAW181934012 09/01/2018 09/01/2019 COMBINED SINGLE LIMIT $25,000,000 (LIABILITY IS SUBJECT TO A $100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE PROPERTY SIAW181934012 09/01/2018 09/01/2019 ALL RISK PER OCC EXCL EQ & FL $150,000,000 EARTHQUAKE PER OCC $35,000,000 FLOOD PER OCC (Except FZ A&V, which is$1MM) $25,000,000 (PROPERTY IS SUBJECT TO A $250,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE CRIME/PUBLIC EMPLOYEE DISHONESTY (CRIME SUBJECT TO A$250,000 PROGRAM SIR) SIAW181934012 09/01/2018 09/01/2019 PER LOSS $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES / SPECIAL ITEMS Regarding participation in WA State Science & Engineering Fair. City of Bremerton is named as Adc)iWnal Insured regarding this participation only and iSsubject to coverage terms, cprfditions and exclusions. Additional Insured endorsement is attached. MOC is Primary �Donon-contributory. Waiver dE„ Subrogation is attached. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCnRnANCF WITH THF PRnv ISInNS nF THF Mnr CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE City of Bremerton 345 6th Street, Suite 100 01 .� Bremerton, WA 98337 3445489 'ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: GENERAL LIABILITY COVERAGE PART How Coverage is Changed It is agreed that the interest of any Additional Insured is recognized as their interests may appear, providing that the certificate of coverage that this is attached to has been issued and is on file with the Company. The Limits of Coverage applicable to the Additional Insured are those specified in either the: 1. Written Contract or written agreement; or 2. Declarations for this memorandum, whichever is less. These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations. Additional Insured: City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 Regarding participation in WA State Science & Engineering Fair. City of Bremerton is named as Additional Insured regarding this p participation only and is subject to coverage terms, conditions and exclusions. Additional Insured endorsement is attached. OC is Primary and non-contributory. Waiver of Subrogation is attached. Other terms: All other terms of your MOC remain the same. 3445490 WAIVER OF TRANSFER OF RIGHTS AND RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 If insurance with any other insurer is available to cover a Claim for an Insured for any coverage under this memorandum whether on a primary, excess or contingent basis, the coverage under this memorandum is excess of and does NOT contribute with such other insurance. The coverage under this memorandum is NOT subject to the terms, conditions, or limitations of any other insurance. This condition does NOT apply with respect to excess insurance purchased specifically to be in excess of this memorandum. Any person or organizations as shown in the Schedule above, for whom we make a payment under this coverage must transfer their right to recovery against any other party. After a Claim they must do everything necessary to secure, and nothing to impair these rights. However, we will waive our right of recovery against any person or organization as shown in the Schedule above with respect to which the Insured has waived its right of recovery prior to the Occurrence, Accident or Wrongful Act in an Insured Contract. Other terms: All other terms of your Memorandum of Coverage remain the same. 3445491