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HomeMy WebLinkAbout5946 TOURISM PROMOTION SERVICES AGREEMENT Kitsap Pride Festival The City of Bremerton ("City") and Kitsap Pride Network ("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 1,2019 and shall continue in full force and effect until December 31,2019 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 Six Thousand Five Hundred Dollars ($6,500.00) 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. Payment will be released when the following has been fulfilled: a. The Organization shall submit monthly billing invoices, by the 15th of the month, following the quarter in which services were performed, detailing how activities and services performed by the Organization during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. b. The Organization will provide proof of insurance, agree to the use of Automated Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business license. 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. Sample of a conforming invoices and support is provided in Exhibit B. a. 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 10th,2020 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. Bremerton/Kitsap Pride Page 1 of 4 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 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 Bremerton/Kitsap Pride Page 2 of 4 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 6th 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 pripary and non-cogtributory insurance as respects the City and shall contain a waiver of tubrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. 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 per Exhibit B. 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. Bremerton/Kitsap Pride Page 3 of 4 G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st 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 President 345 6th Street, Suite 100 PO Box 787 Bremerton, WA 98337 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. 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. Bremerton/Kitsap Pride Page 4 of 4 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 KITSAP PRIDE NETWORK By: Greg heeler By: Ginger Nikole Vaughan its: Mayor its: Vice President Date: 3 't5 110 19 Date: December 30, 2018 Approved as to form: Attest:()W0102— Ob Bremerton C' tto -ey City Bremerton/Kitsap Pride Page 5 of 4 EXHIBIT A Scope of Services Funds awarded will be used to: A. Advertise including Promotional videos, email news blasts, listings in local event calendars, Flyers/posters, cross promotional marketing at other area events such as Bainbridge Island's Grand Old Fourth parade and Seattle's Pride Parade B. Marketing and Promotion C. Secure a venue for Kitsap Pride EXHIBIT B Page 1 1 1 Kitsap Pride Payment Terms Payment will be released when the following has been fulfilled: 1) Direct Deposit (ACH Agreement) form, current W-9, and City Business License have been received. 2) Monthly Fund Reimbursement Request form with support has been received,by the 15th of the month after the quarter following services performed. a) Follow the services outlined in your scope of work, include the funding reimbursement form(Form B.3.2019) incorporated into this contract via Exhibit B. 3) Please note that payment can be held up for the following: a) If a prior year award reporting is not submitted by March 1,2019 via the attached reporting form. b) If required support documents are not received including: Automated Clearing House (ACH) Direct Deposit form, W-9, Copies of Receipts and Invoices for Reimbursement, and City Business license. Page 116 Bremerton/Kitsap Pride EXHIBIT B Exhibit B B !UT SP. MAME Allermmer Ay.W aa.Winlimas rr3ar4ns3u 36047342011 3e6 aniR&ae iEl merae9l wA 3x337 AUTHORIZATION AGREEMENT FOR ACH I hereby authorize the City of Bremerton to rent my tee via direct depas2 to my checking or savings account n the fenarbal institution named beton. TIM authorization stall continue in effect und a wiles notice of cancellation is received by Financial Services. I understand that i is my responstity to notify the City of Brec nerfon if I change banks or change account numbers. Business Macrae Bank Name Account Number Bank Routing Number DChedrsnp Disuses Signabre Date Email Address for N tiicafion City ot Bremerton Vendor Number Please return the competed form b City of Bremerton Accosts Parfet* 345 e Street Suit 100 Bremerton.WA 98337-1873 Page2I6 Bremerton/Kitsap Pride EXHIBIT B CITY OF BREMERTON 1 LOOINO TAX FUND RIMASURSEMENT REQUEST FORM Date p�LITt Of Contract No. Total Award Amount' Organization Name 1 Mailing address Contact Name: Phone_ email: Date of Service Event/Program Title Plebe 1st ON'essence below Beane coals r O Ndlne mewls It nen sera a retest peepbelt woe 1 Total Request Tourism Funding Recipient Name(pointed): Tourism Funding Recipient Signature: Date: •1 prey 1/der peewee d PoMu►.Imr a tomod In contained In tet nope as.nrirees rue a twat erd pelt.I ave wbNmM 10 ONWy ani WW1 ere Nr11et&Mit ON no4rreaihs nowaMwnoen tl war, o owwe1 sprit for 1M waled or'root N ietdleea M eN aidnotrrn ant rowan SOS the Ca,M anoo4een Plain return term alone with mobs ot elopatlna invokes and krona m city o4 awnanan Contract'Administrator 3466th Strait,STE 100 Bremerton,WA 51337.1573 Farm a_12019 140e1 Page3I6 Bremerton/Kitsap Pride EXHIBIT B � WY OF MEMEN'TON B4OOIN0 TAX FUND IIMM$URSEMENT REQUEST FORM DatelI CITY Cr 8itEM TOht' Contract No. Organization Name I I Please list your expenses below attach copies of matching receipts Farm Li 2019 Paw 2 Page4I6 Bremerton/Kitsap Pride EXHIBIT B CITY OF BREMERTON LODGING TAX WORKSHEET lia0PAte, The City of Bremerton is required by RCW 67 28.1816 to report the we of lodging tea funds each year Your orpnization received lodging tax funds for 2018.Please complete this form and return to the thy no later than March 1,2019. If you have any questions or concerns please contact Melinda Monroe, Contracts Administrator at(360)473-5306 or by email at Mefindamomoetici_breinerton.iva.us. 011•1081111115111i Complutsillge en& 'Rimplasumt ACTIVITY llima Omit 0 Evera/Festioai Start t‘ 0 Fealty t4 * 0 Marketing End Tasilemittat1118 ATTENDEE ESTIMATES PatiolliNI AMMO INkebodeigyNossitilimphowais Overall Attendance Attendees who binviled 50 mites or more to Mien* , — Total Of Total,attendees who traveled from another state • or country Attendees who stayed overnight: Paid accommodations *=f7 s-- Unpaid accommodations Paid Lofting nights PLEASE RETURN COMPLETED WORKSHEET BY MARCH 1,2019 Meese reams to AfeReido Monroe at_— sea arias(Meg 473-5200. Page516 Bremerton/Kitsap Pride EXHIBIT B Fa. W-9 Request for Taxpayer an Forte i„the fen w•sar aol>) Identification Number and Certification rem*saw.Do not ospls.se. A.:. Wase in ►Gone. 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WW1 1011101 on an a ormrfon swum tae.sirs or sionson nwwa MRetn but re not WW2 to.In awes strc It you 0o not MUM Atom We to ere riskier.lel r TON.you map •Fan 1019I1T M11*1d anrr2 or viol be Agra to tamp*1m 1D 911 rind Is beano eeeblanp. ser crow sw *i waw-YID a*s*rl Page6I6 Bremerton/Kitsap Pride ACCN DATE(MM/DD/YYYY) t .� CERTIFICATE OF LIABILITY INSURANCE 02/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Victor Thompson Victor Thompson(791332F) PHONE FAX 1703 SE Sedgwick Rd Ste 103 (A/C,NO,EXT):360-602-6999 (A/C,NO):360-519-3350 E-MAIL Port Orchard WA 98366-9599 ADDRESS: vthompsonl@farmersagent.com INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Truck Insurance Exchange 21709 INSURER B: Farmers Insurance Exchange 21652 KITSAP PRIDE NETWORK 4r' 532 5TH ST INSURER c: Mid Century Insurance Company 21687 INSURER D: LL)14....„ 3 1q BREMERTON WA 98337 INSURER E: l/ INSURER F: N v C COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDTL /�UBR\ POUCY EFF POLICY EXP LTR TYPEOFINSURANCE INSD l�> POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY �i EACH OCCURRENCE $ 2,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISES TO Occurrence) $ 2 000,000 • MED EXP(Any one person) $ ii 100,000 A Y N 606638041 11/27/2018 N,11/27/2019 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PROJECT LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: _ Liquor Liability $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILYINJURY(Perperson) $ OWNED AUTOS SCHEDULED ONLY AUTOS BODILYINJURY(Peraccident)$ HIRED AUTOS NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY (Per accident) - $ UMBRELLALIAB - OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ I , DED RETENTION$ $ WORKERS COMPENSATION PER OTHER $ AND EMPLOYERS'LIABILITY STATUTE ANY PROPRIETOR/PARTNER/ Y/N N/A E.L.EACH ACCIDENT $ EXECUTIVE OFFICER/MEMBER E.L.DISEASE-EA EMPLOYEE EXCLUDED?(Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ LIfI DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 532 5TH ST,BREMERTON,WA 98337 CERTIFICATE HOLDER CANCELLATION CITY OF BREMERTON SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION 345 6TH ST STE 100 ✓ DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE //• 2 77'_am lV BREMERTON WA 98337 v /j ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION.All Rights Reserved 31-1769 11-15 The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY: FARMERS 17100 INSURANCE 606638041 1st Edition PRIMARY AND NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the: BUSINESSOWNERS POLICY SCHEDULE Name of Additional Insured Persons(s)or Organization(s): CITY OF BREMERTON 345 6TH ST STE 100 A✓ BREMERTON,WA 98337 Information required to complete this Schedule,if net shown above;will be shown in the Declarations. The following is added to Paragraph H.Other Insurance of the Businessowners Common Policy Conditions and supersedes any provision to the contrary: Prim ry and Noncon&$tory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the additional insured shown in the schedule,provided that: 1. The additional insured shown in the Schedule is a Named Insured under such other insurance; 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured;and 3. Such contract or agreement referenced in Paragraph 2. above was executed prior to the issuance of this endorsement. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 93-7100 1ST EDITION 9-14 Includes copyrighted material of Insurance Services Office,Inc,with Rs permisson J7100101 PAGE 1 OF 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. al FARMERS E0012 INSURANCE 2nd Edition Policy Number:606638041 WAIVER OF TRANSFER OF RIGHTS OF b' RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Name of Person Or Organization: CITY OF BREMERTON 345 6TH ST STE 100 BREMERTON,WA 98337 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Condition K.Transfer Of Rights Of Recovery Against Others To Us: 3. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard",This waiver applies only to the person or organization shown in the Schedule above. This endorsement is part of your policy. It supersedes and controls anything to the contrary.It is otherwise subject to all the terms ofthe policy. 914112 2ND EDITION 1411 Includes copyright material of Insurance Services Office,Inc.,with its permission E/112211 PAGE I OF I ENI2-HD12