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HomeMy WebLinkAbout4178 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4178 KITSAP CO HISTORICAL SOCIETY MUSEUM Museum Promotion & Services City Clerk PRO File Class LEG 12-1 $8000.00 01/01/2001 12/31/2005 02/15/2007 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Vault 01/01/2007 2004 Scope of Work and Services The Kitsap County Historical Society Museum will provide the following services: 1. Exhibit artifacts in a manner appropriate for a quality museum according to prescribed museum practices and procedures. 2. . Museum will be open and accessible to the public from 9am to 5pm Tuesday through Saturday, all throughout the year. Museum archives are also available to the public Tuesday through Friday 10am to 2pm by appointment only. 3. Promote the museum with the Bremerton Chamber of Commerce, Kitsap Peninsula Visitor and Convention Bureau, downtown Bremerton organizations, merchants and other museums to promote activities through cooperative projects and the distribution of newsletters, brochures and rack cards. 4. Submit an annual report to the City Council advising progress and performance oftbe foregoing. :Enter Search Criteria, Press Esc Key to Transmit ~Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4178 Vendor Name KITSAP CO HISTORICAL SOCIETY MUSEUM :Subject MUSEUM PROMOTION & SERVICES IDepartment ADMIN SVCS Status Code PRO Amount $7000.00 Begin Date 01/01/2001 Insurance End Date 12/31/2003 Type Amount Review Date 11/01/2003 GL $1000000.00 Insurance Total $1000000.00 Insurance Review Date 11/01/2003 Comments ADDENDUM NO. 2 TO CONTRACT BETWEEN THE CITY OF BREMERTON AND KITSAP COUNTY HISTORICAL SOCIETY CONTRACT # 4178 This addendum to contract amends the professional services agreement (the "Contract") entered into between the City of Bremerton ("City") and Kitsap County Historical Society ("Consultant") executed on January 1, 1998 and amended on March 16, 2002, and WHEREAS, the parties entered into a professional services agreement on January 1, 1998 for certain services which was amended by addendum to contract entered into on March 16, 2002 (''Addendum 1") to extend the term of said contract, and WHEREAS, the parties desire to further extend the term of the Contract as provided below; NOW THEREFORE For valuable consideration and by mutual consent of the parties, the Contract as amended by Addendum 1 is amended as follows: 1. SCOPE. In conjunction with the City's annual budget process and prior to the calendar year for services to be rendered, Consultant shall submit a proposed Scope of Work. The City must approve the Scope of Work and approve the budget of the Hotel/Motel Tax proceeds for the Scope of Work prior to services being rendered. Should the City fall to either approve the Scope of Work or compensation, either party may terminate this Agreement pursuant to Section 10 in the original agreement. 2. TERM. The contract shall commence on January 1, 2003 and continue in full force and effect until terminated pursuant to Section 10 of this Agreement. 3. COMPENSATION. For calendar year 2003, the City shall pay Consultant Four Thousand Dollars and 00/100 ($4,000) Hotel/Motel Tax proceeds for services. Payment shall be made in two equal inst~llments of Two Thousand Dollars and 00/100 Cents ($2,000.00). Funding is subject to actual Hotel/Motel Lodging Tax Funds received by the City during the calendar year. After calendar year 2003, compensation shall be subject to the annual approval of the budget and compensation for the Scope of Work for this Contract. If Hotel/Motel tax receipts are lower than budgeted and approved for the year of service, funding may be decreased proportionately throughom Fund 104. All provisions in the Contract as amended by Addendum 1 shall remain in full fome and effect except as expressly amended by this document. The parties whose names appear represent that they are authorized to enter into a contract amendment that is binding on the parties of this contract. ADDENDUM 2. TO CONTRACT 1 September 12, 2003 Contract # 4178 IN WITNESS WHEREOF, the parties have executed this Addendum 2. to Contract on the day fully executed below. KITSAP COUNTY HISTORICAL CITY OF BREMERTON SOCIETY ~~ ~ytO pTo-~.~/~.. By Cary Bozeman Its ~,~-,' tg~--~,~ ~-- Its Mayor DATE:~,.~c ~..~a~,a~/- ~ :~ DATE: t~>-/_/- ! APPROVED AS TO FORM: Roger A. Lubovich Bremerton City Attorney ADDENDUM 2. TO CONTRACT 2 September 12, 2003 Contract # 4178 2003 SCOPE OF WORK AND SERVICES The Kitsap County Historical Society will provide the following services: 1. Exhibit artifacts in a manner appropriate for a quality museum according to prescribed museum practices and procedures. 2. Museum will be open and accessible to the public from 9am to 5pm Tuesday through Saturday, all throughout the year. Museum archives are also available to the public Tuesday through Saturday I0 am to 2pm. by appointment only. 3. Promote the museum with the Bmmerton Area Chamber of Commerce, Kitsap Peninsula Visitor and Convention Bureau, downtown Bremerton organizations and merchants and other museums to promote downtown activities through cooperative projects and the distribution of newsletters, brochures and rack cards. 4. Submit an annual report to the City Council advising progress and performance of the foregoing. ADDENDUM TO CONTRACT 4178 WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter referred to as "City"), and KITSAP COUNTY HISTORICAL SOCIETY, a duly organized corporation, (hereinafter referred to as "CONSULTANT") hereto entered into a Contract, dated January 1,2001 and, WHEREAS, the parties desire to extend the Contract for an additional one (1) year term, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: I. The term of the Agreement executed by the parties hereto on January 1, 2001 shall be extended from January 1,2002 through December 31,2002. I1. That City shall pay Consultant Seven Thousand and 00/100 dollars ($7,000) from 2002 Hotel/Motel Tax proceeds for services. Payment shall be made in two equal installments of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00), beginning in January 2002. Funding is subject to actual Hotel/Motel Lodging Tax funds received by the City during 2002. If Hotel/Motel tax receipts are lower than projected for 2002, funding may be decreased proportionately throughout Fund 104. III. The SCOPE OF WORK referenced in Exhibit "A" of the contract shall be amended as set forth in EXHIBIT A attached hereto as fully set forth and incorporated in the contract for the year reflecting how the funds described in II will be spent. IV. The CITY OF BREMERTON and the KITSAP COUNTY HISTORICAL SOCIETY agree to all provisions of the original Agreement which are not in conflict with this Addendum to Contract and shall remain in full force and effect. CITY OF BREMERTON KITSAP COUNTY HISTORICAL SOCIETY Date: ',~-/~-O~ Date: C R O E AN, Mayor Executive'"Director Attest: KAT~H~LL E E N% ~,...U_.lty_C_~ rk Approved As ~ ~- _-.>-......~ .,~, .~ ROGER LUBOVl~orney EXHIBIT A SCOPE OF WORK AND SERVICES The Kitsap County Historical Society shall provide the following ser~ces: I. Display artifacts in a manner appropriate for a quality museum according to prescdhed musem practices and pmcedures. 2. Museum will be open and accessible to the public f~om 9 am to 5 pm Tuesday through Saturday, all throughout the year. Museum archives are also available to the public Wednesday through Saturday 10 am to 2 pm by appointment mxly. 3. Promote the museum with the Bremerton Area Chamber of Commerce, Kitsap Penin~qula Visitor and Convention Center, downtown Bremerton organi?ations and merchants and other museums to promote downtown activities through cooperative projects and the distribution of newsletters, brochures and rack cards. 4. Submit an annual report to the City Council advising progress and performance of the foregoing. PROFESSIONAL SERVICES AGREEMENT Kitsap County Historical Society THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City"), and the Kitsap County Historical Society, a duty organized corporation, (hereinafter referred to as "Consultant"). WlTNESSETH: 1. SCOPE: In exchange for compensation, Consultant agrees to provide services to the City as detailed in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. TERM: The contract shall commence January 1,2001 and will terminated December 31,2001. 3. COMPENSATION: City shall pay Consultant Two Thousand, Five Hundred and no/100 Dollars ($2,500) from 2001 Hotel/Motel Tax proceeds for services. Payment shall be made in two equal installments of One Thousand, Two Hundred and Fifty Dollars and no/100 ($1,250). Funding is subject to actual Hotel/Motel Lodging Tax funds received by the City during 2001. If Hotel/Motel tax receipts are lower than projected for 2001, funding may be decreased proportionately throughout Fund 104. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that the Consultant is a non-profit agency skilled in matters pertaining to operations and management of an historical society and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Administrative Services Director. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSES AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Consultant shall provide the Risk Manager for the City with evidence that is has obtained and maintains in full force and effect during the term of this Agreement comprensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Consultant organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Consultant 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. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. Consultant agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have risen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors, agents, volunteers, successors or assigns. This provision shall be inapplicable to the extent City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: A. Reports and information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in the connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. B. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. C. Amendments - The parties hereby agree that this Agreement cannot be amended or modified without the written concurrence of both parties. D. Notices - Any notices required to be given by the City to the Consultant or by Consultant to City shall be in writing and delivered to the parties at the following addresses: City Clerk Kitsap County Historical Society 239 Fourth Street PO Box 903 Bremerton WA 98337 Bremerton WA 98337 E. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be waiver of any other breach. F. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. G. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. H. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability except employment actions based on a bona fide occupational qualification. '10. 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 matters upon which Consultant is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. CITY OF BREMERTON KITSAP COUNTY HISTORICAL SOCIETY Date: v-/-,,O-~/ Date: .~--~.-~/.,.~-~D / LY~N HORTON, Mayor Executive Director A~est: ~~ .... / ~HLEEN-- McCLUSKEY, City Clerk DAVID S~IfiRRE, Assis~nt Gity A~omey EXHIBIT A SCOPE OF WORK AND SERVICES The Kitsap County Historical Society shall provide the following services: 1. Display artifacts in a manner appropriate for a quality museum according to prescribed museum practices and procedures. 2. Museum will be open and accessible to the public fi.om 9 am to 5 pm Tuesday through Saturday, all throughout the year. Museum archives are also available to the public Wednesday through Saturday 10 am to 2 pm by appointment only. 3. Promote the museum with the Bremerton Area Chamber of Commerce, Kitsap Penirkqula Visitor and Convention Center, downtown Bremerton organizations and merchants and other museums to promote downtown activities through cooperative projects and the distn'bution of newsletters, brochures and rack cards. 4. Submit an annual report to the City Council advising progress and performance of the foregoing.