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HomeMy WebLinkAbout4600 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4600 BREMERTON AREA CHAMBER OF COMMERCE Tourism Promotion City Clerk LEG 12-1 01/01/2007 12/31/2007 02/15/2009 01/01/2009 Lodging Tax Revenue Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4600 BREMERTON AREA CHAMBER OF COMMERCE Tourism Promotion City Clerk PRO File Class LEG 12-1 $42200.00 01/01/2007 12/31/2007 11/01/2007 GL AL E&O $2000000.00 $1000000.00 $ Insurance Total Insurance Review Date $3000000.00 05/01/07 Lodging Tax Revenue TOURISM PROMOTION SERVICES AGREEMENT Bremerton Area Chamber of Commerce The City of Bremerton ("City") and Bremerton Area Chamber of Commerce ("Chamber"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: I. Scope: The Chamber 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 Chamber shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion II. Term: This agreement shall commence on the date of execution of this Agreement and shall continue in full force and effect until December 31, 2007 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 Chamber an amount not to exceed Forty Two Thousand Two Hundred Dollars and 00/1 00 ($42,200) 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 Chamber shall submit monthly billing statements detailing how activities and services performed by the Chamber during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. Upon receipt of a conforming billing statement, the City shall promptly process payment. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve the Chamber of its obligations under this Agreement. The Chamber 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 Chamber 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. Chamber and its personnel are independent contractors and not employees of the City. Chamber 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- Bremerton/Bremerton Area Chamber of Commerce Page 1 of 4 consultants of the Chamber. Chamber will be solely and entirely responsible for its acts and for the acts of Chamber'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, Chamber 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 Chamber or its personnel. As an independent contractor, Chamber 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 Chamber. V. Indemnification: Chamber 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, Chamber 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 Chamber 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. VII. General Conditions: A. Reports and Information: When requested by the City, Chamber 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. Chamber shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. Bremerton/Bremerton Area Chamber of Commerce Page 2 of 4 B. Work Performed at Chamber's Risk: Chamber 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 Chamber's own risk, and Chamber 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 Chamber 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 600 Bremerton, W A 98337 Chamber Address Bremerton Area Chamber of Commerce PO Box 229 Bremerton, W A 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. 1. 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: Chamber 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. Bremerton/Bremerton Area Chamber of Commerce Page 3 of 4 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 Chamber without the written consent of the City shall be void. VIII. Nondiscrimination: Chamber 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 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 Chamber 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: (II y$:a.n its ~ ~r Date: 7 ~/07 to form: # City Attorney R:\Legal\Legal\Contracts\FINANCE\2007 Bremerton Area Chamber of Commerce. doc Bremerton/Bremerton Area Chamber of Commerce Page 4 of 4 EXHIBIT A WORK PLAN - SCOPE OF SERVICES Measurable Goals We believe that the services provided will: . Increase awareness of tourism opportunities in Bremerton and Kitsap County both regionally and locally . Increase hotel stays as evidenced through lodging tax revenues . Increase visits to local attractions, both non -profit and for profit . Increase visits to the Chamber's and VCB's web sites Function Amount Staffing for Visitor Information Center $28,000 Rent/utilities/phone $ 6,900 Web site upgrades/maintenance $ 1,000 Advertising $ 3,000 Postage/ copies/ supplies $ 3,300 Total $42,200 Staffing Funding pays the wages and related costs of employing the Community Concierge and other Chamber employees who assist visitors Monday through Friday from 9:00 a.m. to 5:00 p.m. Staff is trained to welcome guests, answer questions about the community and recommend places to visit. They assist visitors and people considering visiting our area via phone and email. Staff also creates, assembles and mails visitor information packets, works with travel writers, distributes visitor information to chamber members and other organizations and assists school children from other areas who are writing reports on Bremerton and Kitsap County. They work with Navy personnel and others who are relocating to the area and with employers who are recruiting employees by providing information about our community. _Bremerton/Bremerton Area Chamber of Commerce - Exh A Page 1 of2 Rent/Utilities Funding also supports the portion of the Chamber office that is specifically set aside for visitor assistance. This includes an area to display and store information, two telephones, a computer and a seating area for visitors. Web Site Upgrades/Maintenance Funding is used to pay for the portions of the Chamber's web site that are dedicated to people visiting and relocating as well as the community events calendar. These areas are reviewed and updated on a monthly basis. Advertising Funding will be used in joint advertising efforts with the Kitsap Peninsula Visitor and Convention Bureau. These opportunities include radio, web and print. Postage/Copies/Supplies The Chamber will continue to print or copy materials as appropriate (lists of restaurants and hotels, events calendars, history timelines) and mail visitor information packets as requested. Bremerton/Bremerton Area Chamber of Commerce - Exh A Page 2 of2