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HomeMy WebLinkAbout6674 DocuSign Envelope ID: E4A2EAD7-BB38-4C44-8FB1-7622765C3B18 TOURISM PROMOTION SERVICES AGREEMENT The City of Bremerton ("City") and Westsound Pickleball Community ("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. IL Term: This agreement shall commence on January 1, 2024 and shall continue in full force and effect until December 31, 2024 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 Seven Thousand five hundred dollars and zero cents. ($7,500.00) 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. 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 month or 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 the attached reporting form for the reimbursement period with measurable results as required by RCW 67.28.1816 (2). 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. L 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, 2025 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. Bremerton/Year (2024) Lodging Tax Awardee Westsound Pickleball Community Page 1 of 6 DocuSign Envelope ID: E4A2EAD7-BB38-4C44-8FB1-7622765C3B18 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. 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. Indenmification: 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$1,000,000.00 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 $1,000,000.00 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 Bremerton/Year (2024) Lodging Tax Awardee Westsound Pickleball Community Page 2 of 6 DocuSign Envelope ID: E4A2EAD7-BB38-4C44-8FB1-7622765C3B18 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 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 Westsound Pickleball Community 345 6th Street, Suite 100 4825 NW Eldorado Blvd Bremerton, WA 98337 Bremerton, WA 98312 Bremerton/Year (2024) Lodging Tax Awardee Westsound Pickleball Community Page 3 of 6 DocuSign Envelope ID: E4A2EAD7-BB38-4C44-8FB1-7622765C3B18 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. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity,marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. 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. XI. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. Bremerton/Year (2024) Lodging Tax Awardee Westsound Pickleball Community Page 4 of 6 DocuSign Envelope ID: E4A2EAD7-BB38-4C44-8FB1-7622765C3B18 CITY OF BREMERTON WESTSOUND PICKLEBALL _ COMMUNITY DocuSigned by: n ed by: By: Vie ifey By: ' its: Finance Director its: vice President Date: 4/10/2024 Date: 4/8/2024 Ap.roe as to form: Attest: �ocu igned"by: DocuSigned by: 6/11"1 gtmtlit Atm% 52ACI3- Kylie Finnell, Bremerton City Attorney City Clerk, Angela Hoover Bremerton/Year(2024) Lodging Tax Awardee Westsound Pickleball Community Page 5 of 6 DocuSign Envelope ID: E4A2EAD7-BB38-4C44-8FB1-7622765C3B18 EXHIBIT A Scope of Services WSPC will provide marketing for their City of Bremerton events and attract tourism to the City of Bremerton in the following ways: WSPC will provide marketing and operational funding for the 2nd annual WSPC Pickleball Tournament. Bremerton/Year (2024) Lodging Tax Awardee Westsound Pickleball Community Page 6 of 6 DocuSign Envelope ID:E4A2EAD7-BB38-4C44-8FB1-7622765C3B18 EXHIBIT B CITY OF BREMERTON LODGING TAX WORKSHEET 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 2024. Please complete this form and return to the City no later than March 1, 2025. 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: Click here to enter a date. Completed By: Email: Telephone: ACTIVITY Activity Name Type , Dat E Event/Festival Start Click here to enter ❑ Facility a date. Total Cost of Activity ❑ Marketing End Click here to enter a date. ATTENDEE ESTIMATES Projected Actual Methodology Notes/Explanation Overall Attendance Choose an item. Attendees who traveled 50 miles or more to attend: Total Choose an item. Of Total,attendees who Choose an traveled from another state item. or country Attendees who stayed overnight: Paid accommodations Choose an item. Unpaid accommodations Choose an item. Paid Lodging nights Choose an item. I certify that the above reporting numbers is in compliance with RCW 67.28.1816(2) and agree that discrepancies discovered may prevent reimbursement or disbursement of awarded lodging tax funds or the recapture of disbursement of funds. Name,Title Date PLEASE RETURN COMPLETED WORKSHEET WITH EACH REIMBURSEMENT REQUEST AND YOUR FINAL REPORT NO LATER THAN MARCH 1,20xx Please return to Melinda Monroe at melinda.monroe@ci.bremerton.wa.us or fax(360)473-5200. DocuSign Envelope ID: E4A2EAD7-13038-4C448FB1-7622766C31318 CITY OF BREMERTON LODGING TAX FUND REIMBURSEMENT REQUEST FORM Date CITY pc BREMERTON Contract No. Total Award Amount Organization Name Mailing address Contact Name: Phone:) email: Date of Service Event/Program Title J 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: •Icertify under penalty of perjury,the information contained in this request for reimbursement istrueand correct:I am authorizedtocertify andsubmit this request;and lam requesting reimbursement of money I actually spend for the project or erentasdescribed in the applicationandoontract withtheCity 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,WA98337-1873 Form B.3 2019 Page 1 DocuSign Envelope ID:E4A2ERD7-BB38-4C448F81-7672785C3B18 CiTY LODNFTAXFUNDN IADIN6TAl{ FUND REIMBURSEMENT REQUEST FORM Date CITY Of EREMERTON Contract No. Organization Name Please list your expenses bet o:v, attach copies of matching receipts. • Para'8.'2019 P3?e 2 0 DATE(MM/DD/YYYY) ACC)f? CERTIFICATE OF LIABILITY INSURANCE 12/13/2023 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 Derek Gould NAME: Brown&Brown of Washington,Inc. PHONE FAX (A/C,No,Ext): (A/C,No): 2106 Pacific Ave,Ste 501 E-MAIL Derek.Gould@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Tacoma WA 98402 INSURER : Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B: Westsound Pickleball Community INSURER C: 2513 E 16th St. INSURER D: INSURER E: Bremerton WA 98310 INSURER F: COVERAGES CERTIFICATE NUMBER: 2023-2024 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. IPOLICY EFF POLICY EXP NSR ADDTYPE OF INSURANCE INSD WVDSUBR POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS LTR INSD WVD ( ) ( ) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ A Y P H P K2614933 12/02/2023 12/02/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY JECT PRO- LOC PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Bremerton is named as additional insured as required by written contract,per the attached endorsements. CERTIFICATE HOLDER CANCELLATION 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 St Suite 10 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 a Z) I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PBPx2614933 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Bremerton Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury' required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the applicable Limits of Insurance shown in the 1. The insurance afforded to such additional Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 03/15/2023 Name of Person or Organization (Additional Insured): City of Bremerton SECTION II—WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for"bodily injury," "property damage" or"personal and advertising injury" arising out of or relating to your negligence in the performance of"your work" for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or"occurrence"we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III—LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: PHPK2614933 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Bremerton Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: 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. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0