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HomeMy WebLinkAbout6078 TOURISM PROMOTION SERVICES AGREEMENT WAYZGOOSE KITSAP The City of Bremerton ("City") and Wayzgoose Kitsap ("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, 2020 and shall continue in full force and effect until December 31, 2020 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 Nine Thousand and Two-hundred Thirty Dollars ($9,230.00) 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. A. Payment will be released when the following has been fulfilled: I. The Organization shall submit monthly billing invoices, by the 15th of the month following the end of 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. II. 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. B. 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. I. 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, 2021 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. C. 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. Bremerton/Wayzgoose Kitsap Page 1 of 5 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 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. Bremerton/Wayzgoose Kitsap Page 2 of 5 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. 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. 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. Contracts Administrator Organization Address City of Bremerton Wayzgoose Kitsap 345 6th Street, Suite 100 602 Pacific Ave. Ste 1317 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. Bremerton/Wayzgoose Kitsap Page 3 of5 J. 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. X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY y2REMERTON t tkkyova By: Gress Wheeler By: Mo,+ Y�oCk2t►. its: Mayor its:-tr-e 'tden-4- Date: .2 it4 12.020 Date: I L2k/avaQ Approved as to form: Bremerton City Attorney Attest: � J City Clerk Othict (4 4-Jvot)ex) Bremerton/Wayzgoose Kitsap Page 4 of 5 EXHIBIT A Scope of Services Promotion of Arts Festival to be held August- September 2020 A. Print Advertising and Networking B. Online and Social Media Outreach C. Merchandise D. Original Artwork E. Holiday Season Gifts Bremerton/Wayzgoose Kitsap Page 5 of 5 EXHIBIT B CITY OF BREMERTON LODGING TAX FUND REIMBURSEMENT REQUEST FORM Date f iTY cF BREMERTON Contract No. Total Award Amount Organization Name Mailing address Contact Name: Phone: email: Date of Service Event/Program Title Please list your expenses below,attach copies of matching receipts. If more space is needed please use page 2 of this form. Total Request: 0.00 Tourism Funding Recipient Name(printed): Tourism Funding Recipient Signature: Date: *I certify under penalty of perjury,the information contained in this request for reimbursement is true and correct:I am authorized to certify and submit this request;and I am requesting reimbursement of money actually spend for the project or event as described in the application and contract with the City of Bremerton. Please return form along with copies of supporting invoices and receipts to: City of Bremerton Contracts Administrator 346 6th Street,Ste 100 Bremerton,WA 98337-1873 Form B.3 2019 Page 1 CITY OF BREMERTON LODING TAX FUND REIMBURSEMENT REQUEST FORM t "., Date CITY PF BREMERT' N I'. s1 Contract No. Organization Name Please list your expenses below, attach copies of matching receipts. Form B.3 2019 Page 2 EXHIBIT B CITY OF BREMERTON - i _„__... LODGING TAX WORKSHEET CITY or BREMERTON The City of Bremerton is required by RCW 67.28.1816 to report the use of lodging tax funds each year. Your organization received lodging tax funds for 2019. Please complete this form and return to the City no later than March 1, 2020. If you have any questions or concerns please contact Melinda Monroe, Contracts Administrator at(360)473-5306 or by email at Melinda.monroe@ci.bremerton.wa.us. Organization: Date: Completed By: Email: Telephone: ACTIVITY Activity Name Type Date ❑ Event/Festival Start ❑ Facility Total Cost of Activity ❑ Marketing End ATTENDEE ESTIMATES Projected Actual Methodology Notes/Explanation Overall Attendance Select Drop-Down ItE Attendees who traveled 50 miles or more to attend: Total Select Drop-Down ItE Of Total, attendees who traveled from another state Select Drop down !ter or country Attendees who stayed overnight: Paid accommodations Select Drop-Down ItE Unpaid accommodations Select Drop-Down ItE Paid Lodging nights Select Drop-Down ItE PLEASE RETURN COMPLETED WORKSHEET BY MARCH 1, 2020 Please return to Melinda Monroe at melinda.monroe@abremerton.wa.us or fax(360)473-5306. AC R D CERTIFICATE OF LIABILITY INSURANCE GATE(MMfDD/YYYY) Iku—,,._.-- 08/07/201 s THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOTAFFIRMATIVELY 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 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 endorsementts), PRODUCER COl'f1i't:1 NAME' Victor Thompson Thompson Agency LLC PHONE 360-602-6999 IA1Crb P A9 Y EWANo,;xt)vtl»mpson1@ltarmersaGent.oam 1 1703 SE Sedgwick Rd Suite#103 ADDRESS INSURER(S)AFFORDING COVERAGE NAIC# Port Orchard WA 98366 INSURER A: Mount Vernon Fire Insurance Co. 26522 INSURED INSURER B Downtown Bremerton Association INSURER C PO Box 245 1u V�i,�1 ,f3-�x7 INSURER D �^'`J') INSURER E: - Bremerton SN 0 WA 98337 INS1RERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 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 AUDuUE1'C POLICY BEE POLICY EXP LTR TYPE OF INSURANCE 'rig) wyo POLICY NUMBER (MMIDDMWY) {MMIDDNY'YY} LIMITS X COMMERCIAL GENERAL LIABILITY • EACH OCCURRENCE $ 1,000.00Qs DAMAGL T D PENT ED 1 CLAIMS-MADE F- OCCUR r PREMSCS ILO oCc rpincFI $ 100,000 tt-- M P EDEx (Anvoneperson) .j 5,000 A 1 Y Y NBP2552331A 06/30/2019 06/30/2020 PERSONAL anon INJURY $ 1,000,000 t .,Et11A*GREt-.AI"E LIMIT APPLIES PER GENERAL AGGREGATE $ 2.000.OQO X POLICY ,ECT LOC PRODUCTS-COMPIOPAOC $ 2,000,006 ,,Ir,L4. LIQUORLIABILIrYAGG $ 2,000,000 IAUTOMOBILE LIABILITY COME(INE U SINGLE LILIIT $ (� (Ea aoxierty 1 ANYAUTO BODILY INJURY(Per person) $ ALL OMEO ' SCHEDULED BODILY INJURY(Per acadent) $ AUTOS AUTOS r- NON-OWNED PRO MkIYDA.mAGE $ HIREDAUTOS AUTOS Met accadenll $ I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIM S-MADFAGGREGATE $ DED I I RETENTION$ ) $ WORKERS COMPENSATION I PERTLITF 1 �„1 0TH- AND EMPLOYERS'LIABILITY Y I I ETA ANY PROPRIETOR/PARTNER/EXECUTIVE F I FAITH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N N IA - (Mandatory in NH) E t DISEASE-EA EMPLOYEE $ It s.describe under DESCRIPTION OF OPERATIONS hwow E I. DISEASE-POI ICY LIMIT_# A Directors&Officers Liability $1,000,000/$1,000,000-D&O Y Y NBP2552331A 06/30/2019 06/30/2020 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Addtlonal Remaahs Schedule,may be attached If more space Is required) City of Bremerton is named as Additional Insured per form BP04 48 01 06.Primary&Non-Contributory applies per form BP172 10 13.Waiver of Subrogation applies per form BP0497 01 06. "10 day notice for non-payment of premium" CERTIFICATE HOLDER CAMCELLATIQN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bremerton / ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 dt 1 ®1988-2014 ACORD CORPORATION. All rights reserved, ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD UNITED STATES LIABILITY INSURANCE GROUP WAYNE,PENNSYLVANIA This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Primcy And Non-Cributory-Written Contract Schedule: Effective Date: 06/30/2019 Name of Person or Organization: CITY OF BREMERTON 345 6TH STREET SUITE 100 BREMERTON,WA 98337 (If no entry appears above,the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION III -COMMON POLICY CONDITIONS,Paragraph H. OTHER INSURANCE,is amended with the addition of the following: The coverage afforded by this policy to the person(s)or organization(s)listed above is primary and non- contributory if: 1. This insurance is required to be primary or non-contributory under a written contract: and 2. The loss to be covered occurs on or after the effective date of the written contract; and 3. The loss to be covered resulted solely and exclusively from your ongoing acts or omissions or the ongoing acts or omissions of those acting on your behalf in performing "your work" under a written contract referred to above. 4. The person(s)or organization(s)listed above is an additional insured under this policy. However, the coverage provided by this endorsement does not apply to any coverage provided for an "auto"on a"non-owned auto","hired auto",uninsured motorists coverage,underinsured motorists coverage,personal injury protection,property protection or similar no-fault coverage by whatever name called and/or an"auto"coverage of any type. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. BP 172 (10-13) Page 1 of 1 POLICY NUMBER: NBP2552331B BUSINESSOWNERS BP 04 48 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON 10 OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Additional Insured Person(s)Or Organization(s): Effective Date: 06/30/2019 CITY OF BREMERTON 345 6TH STREET SUITE 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 Paragraph C. Who is An Insured in Section II-Liability: 3. Any person(s)or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you BP 04 48 01 06 ©ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: NBP2552331B BUSINESSOWNERS BP04970106 WAIVER OF TRANSFER OF RIGHTS OF REC,OVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM SCHEDULE Name of Person Or Organization: Effective Date: 06/30/2019 CITY OF BREMERTON 345 6TH STREET SUITE 100 BREMERTON,WA 98337 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III - Common Policy Conditions is amended by the addition of the following: 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. BP 04 97 01 06 ISO Properties, Inc., 2004