HomeMy WebLinkAbout5816TOURISM PROMOTION SERVICES AGREEMENT
Dominion Historical Workboat Association
The City of Bremerton ("City") and Dominion Historical Workboat
Association("Organization"), referred to collectively as the "Parties," enter into the following
Agreement for Tourism Promotion services:
I. 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 Four Thousand Dollars ($4,000.00) 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 quarterly billing invoices, by the 15`h of the month, detailing
how activities and services performed by the Organization during the preceding quarter have
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 relievb the Organization of its obligations under this
Agreement. Failure by the Organization to submit all conforming billing invoices by January 15th
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
Bremerton/DHWA
Page 1 of 4
of the Organization. Organization will be solely and entirely responsible for its acts and for the
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
VI. Insurance: Prior to and during the performance of the work covered by this eement,
Organization shall provide the Risk Manager for the City with evidence that it obtained and
ma' tains in full force and effect during the term of this Agreement compreh ive general liability
insuran overage of at least $500,000.00 per occurrence. In the ev Organization organizes,
promotes or nsors an event involving the sale or consumpti f food or alcoholic beverages,
Organization shal o provide evidence that it has obtai products liability and liquor liability
insurance of at least $ 000.00 per occurrence, each event. The City shall be named as
additional insured and it shal an affirmativ ligation upon Organization to advise the City's
Risk Manager by fax at (360) 473-5 by certified mail, return receipt requested to City of
Bremerton, attn: Risk Management 5 eet, Suite 100, Bremerton, WA 98337 within two
days of the cancellation, sus p ion or substantiv ge of any insurance policy set out herein,
and failure to do so shall construed to be a breach of t reement.
The O ization's insurance shall be primary and non -contributor rance as respects
the Cit shall contain a waiver of subrogation against the City for claims arising any
o tions, liabilities and obligations to which coverage applies.
Bremerton/DHWA
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 furnished 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 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 in writing.
City Address
City Clerk
345 6th Street, Suite 100
Bremerton, WA 98337
Organization Address
Executive Director
400 Washington Ave, #311
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 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/DHWA
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. Attorneys' 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
By: Gre1 Wheeler
its: Mayor
Date: '-A I Q I g
Approved as to form:
`Bremerton City Atto ey
Bremerton/DHWA
Page 4 of 4
DOMINION HISTORICAL
WORKBOAT ASSOCIATION
By:
its: !�:;i2 V-L,O I
Date: 2—Z3 —Zs t Y
Attest:
City Clerk
EXHIBIT A
Scope of Services
The funding will be used to: develop marketing material showcasing the organization's mission
and promotes the Bremerton community.
MARKEL AMERICAN INSURANCE COMPANY
GLEN ALLEN, VIRGINIA
WATERCRAFT DECLARATIONS PAGE
PROP. # Z
Policy Number:
Agency Number:
110656
Effective Date/Transaction: v
MTD00000328404
- 000001
2017-10-02 Endorse
Policy Period: From 05/15/2017 To 05/15/2018 12:01 A.M. Standard Time at Your Mailing Address
Insured Name and Mailing Address
Your Agent 608-249-2111
DAVE CLARK
AMERICAN FAMILY BROKERAGE
6000 AMERICAN PARKWAY
PO BOX 732
MADISON, WI 53783
Bremerton, WA 98337
DECLARED USAGE
Primary Usage and ID Owner/Operator 1
Usage Type Corporately Owned, Client Entertainment or Employee Use
Additional Usage Description
Hull Type Commercial Boat # of Vessels l
Mooring Location 40 WASHINGTON AVE Bremerton Kitsap WA 98337
Navigation Limits PORT RISK AFLOAT -- 3 MILE RADIUS OF PORT ALLOWED FOR MAINTENANCE REASONS
Lay -Up None From To
COVERAGE LIMIT* DEDUCTIBLE* PREMIUM
Hull, Agreed Value $50,000 per occurrence 10% min $2500 per vessel $1,865
Watercraft Liability $1,000,000 per occurrence $2,360
Oil Pollution Liability
$939,800 per occurrence $12
*If Hull Coverage is shown above, the Hull Limit is the total value for all insured vessels. See Vessel Schedule for the individual vessel
limits and deductible amounts.
Endorsement
Premium Total $0.00 Usage Premium $4,237.00
Non -Seasonal Rating: If you cancel the policy or if the policy is cancelled for nonpayment of premium, any return premium will be computed on a 90 /
pro -rata basis subject to our minimum earned premium. If we cancel the policy, any return premium will be computed on a basis
pro -rata
Minimum Earned Premium $500.00 Policy Taxes/Fees $0.00 TOTAL ANNUAL PREMIUM $4,237.00
Amend Insured's Mailing Address
Producer AMERICAN FAMILY BROKERAGE Customer Ref#
Forms and Endorsements
MTD5001-0215, MTD5017-0215, MTD5052-0215, MTD5114-0215, MTD5125-0215, MTD5133-0215, MTD5200-0317
Signed on 10/3/2017 at MADISON, WI 4 ��
1 ATT GAA^ nn.
L.l L L✓ V V V -V L 1 J ln$UFco 10/3/2017
MARKEL AMERICAN 1N 5 U RAN CE %, OMPAN V
9 GLEN ALLEN, VIRGINIA
(� WATERCRAFT SCHEDULE PAGE
Policy Number:
Agency Number:
Ya e # 4
Effective Date/Transaction:
MTD00000328404
10656 - 000001
2017-10-02 Endorse
Policy Period: From 05/15/2017 To 05/15/2018 12:01 A.M. Standard Time at Your Mailing Address
Primary Usage and ID Owner/Operator I
Usage Type Corporately Owned, Client Entertainment or Employee Use
Additional Usage Description
Hull Type Commercial Boat # of Vessels I
Mooring Location 40 WASHINGTON AVE Bremerton Kitsap WA 98337
Navigation Limits PORT RISK AFLOAT — 3 MILE RADIUS OF PORT ALLOWED FOR MAINTENANCE REASONS
Lay -Up None From To
MTD5000-0215 Page # 4
INDIVIDUAL VESSEL INFORMATION
Year I Length I Manufacturer
1994 128 1 ARMY TUG
HIN # I Limit I Deductible
276557 1 $50,000 + $5,000
Owner/Operator I
We are not obligated to accept any property you abandon, nor are we obligated to pay any storage fees
incurred because you abandoned any property to any other person or organization.
c. Payment of Loss
We will pay losses within 30 days after the earliest of the following:
i. we reach agreement with you;
ii. final judgment is rendered in a court of law;
iii. an appraisal award is filed with us; or
iv. a proof of loss is accepted by us.
Payment will be made to the first named insured. If a `Loss Payee' is also named on the Declarations
Page, any loss will be paid to the first named insured and the `Loss Payee' as interests appear.
d. Appraisal
If you dispute our evaluation of the amount of the loss, then you must submit a written request for appraisal
within one year of the date of loss. You and we will then each appoint and pay -'fora competent and
disinterested appraiser. If the two appraisers cannot agree on the amount of the loss, the appraisers or a
judge of the local court of record will select an umpire who will decide any differences. The expense of the
umpire and all other expenses of the appraisal will be shared equally by you and us. An award in writing by
any two such persons will determine the amount of your loss. You and we will be bound by that amount.
Appraisal is not available where there is a dispute as to the existence of coverage. Nothing herein will
prejudice or in any way impact our right to contest coverage and to bring suit in a court of competent
jurisdiction.
e. Protect and Recover
In the event of a covered loss to the insured vessel, you must protect the insured vessel from further loss
and make every effort to recover it. We will pay the reasonable costs you incur under this condition in
addition to any other payments we make for loss or damage under Hull coverage, but not to exceed the
applicable insured vessel limit for `Hull' on the Schedule Page. We will not cover any loss incurred due to
your failure to protect the insured vessel.
WATERCRAFT LIABILITY
Coverage
We will cover damages for bodily injury or property damage for which an insured becomes legally liable
through ow a insured vessel arisi from the declared ua
a e.
Lyacht club, marina or other similar facility is an additional insured for property damage and bodily injury,
r liability arising from the ownership, use and operation of the insured vessel, by an insured. A yacht club,
arina or other similar facility will not be provided a separate defense.
We will also cover the reasonable expenses incurred to raise, remove or dispose of the wreck of the insured
vessel, if you are legally obligated to do so. This is not additional insurance, but is included in the limit of
`Watercraft Liability' coverage.
Wreck means the insured vessel has been damaged to such an extent as to render the insured vessel not
navigable and we determine the insured vessel to be a total or constructive total loss.
What We Pay
We will pay no more than the limit for `Watercraft Liability' shown on the Declarations Page for all damages or
losses resulting from any occurrence. This is the most we will pay, regardless of the number of persons
covered under this section, claims made, watercraft or premiums shown on the Declarations Page or Schedule
Page, or the number of watercraft involved.
MTD5001-0215 The MARKEL TRADESMAN Policy Page 7 of 9