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HomeMy WebLinkAbout4602 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4602 KITSAP CO HISTORICAL SOCIETY MUSEUM 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 4602 KITSAP CO HISTORICAL SOCIETY MUSEUM Tourism Promotion City Clerk PRO File Class LEG 12-1 $11695.00 01/01/2007 12/31/2007 11/01/2007 GL AL E&O $1000000.00 $ $ Insurance Total Insurance Review Date $1000000.00 04/30/07 Lodging Tax Revenue TOURISM PROMOTION SERVICES AGREEMENT Kitsap County Historical Society Museum The City of Bremerton ("City") and the Kitsap County Historical Society Museum ("Museum"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: I. Scope: The Museum shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenqitures 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 Museum 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 Museum an amount not to exceed Eleven Thousand Six Hundred Ninety-five Dollars and 00/1 00 ($11,695) 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 Museum shall submit monthly billing statements detailing how activities and services performed by the Museum 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 Museum of its obligations under this Agreement. The Museum 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 Museum 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. Museum and its personnel are independent contractors and not employees of the City. Museum 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- BremertonlKitsap County Historical Society Museum Page 1 of4 consultants of the Museum. Museum will be solely and entirely responsible for its acts and for the acts of Museum'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, Museum 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 Museum or its personnel. As an independent contractor, Museum 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 Museum. V. Indemnification: Museum 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 ofthis 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, Museum 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 Museum 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, Museum 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. Museum shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. Bremerton/Kitsap County Historical Society Museum Page 2 of 4 B. Work Performed at Museum's Risk: Museum 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 Museum's own risk, and Museum 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 Museum 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, WA 98337 Museum Address Kitsap County Historical Society Museum PO Box 903 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. 1. Non-Waiver of Breach: The failure ofthe 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: Museum 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 inKitsap County Superior Court. Bremerton/Kitsap County Historical Society Museum 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 Museum without the written consent of the City shall be void. VIII. Nondiscrimination: Museum 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 Museum 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 BRE~~ MUSEUM ~ md OJG-- LS ~A l~{ BY:-.::l::1 (I e t) J3 l ('" J, i sP its: e:y f'(( ''41i ,.f> D,r-P(~()r Date: ~ - gD -;::) <:1) '71- Bremerton/Kitsap County Historical Society Museum Page 4 of 4 Exhibit A - Work Plan for 2007 The goals of the Kitsap County Historical Society Museum for successful tourism promotion include attracting a broader audience through the use of newspaper advertising (local and Seattle papers), contracting with the Certified Brochure company for distribution of Museum brochures, continued writing and publication of the Museum's newsletter, advertising with the Bremerton Chamber of Commerce, the Kitsap Peninsula Visitor Convention Bureau, and the Bremerton Symphony. Funding roadway signage, funding republishing of the highly successful Kitsap Peninsula's Heritage Guide, and advertising of other community events hosted by the Museum. Bremerton Chamber of Commerce: Advertising periodically within the Chamber's monthly newsletter using inserts, and their website, to promote exhibit openings, special events (for example - annual Step Back In Time gala and Eat Your Way Though Kitsap County historical programs) and educational programming (for example - technology of the 1930s and 1940s and Armed Forces Day celebration). Newspaper advertising (local and Seattle papers): Advertising with the Kitsap newspaper group and the Seattle Times/PI to promote specific and general awareness of the downtown Bremerton museums activities and programs to out-of-town visitors. Riding the Washington State Ferry is one of the most popular tourists activities. To complement the museums' brochures located on the ferry, we intend to advertise with the Seattle papers to encourage these tourists to stay in town longer and explore the cultural offerings of downtown Bremerton. Seattle papers will also be used to promote exhibit openings and Eat Your Way Though Kitsap County historical programs. Similarly, peninsula advertising will be used to promote visits to Bremerton for traditional events (Armed Forces Day and Art Walk - First Friday) as well as exhibit openings, special events (for example - annual Step Back In Time gala and Eat Your Way Though Kitsap County historical programs) and educationalprogtamming. Certified Brochure: A fee paid to this company for distribution of the Museum's brochure on the ferry and at the Seattle terminal to attract visitors to Bremerton. The Xitsap Historian - newsletter for the Kitsap County Historical Society Museum: The newsletter published four times a year, is used to inform recipients, many of whom reside outside of Bremerton, of ongoing museum activities and other reasons to visit the City. The newsletter is a proven record of success as an advertising medi.um as shown in surveys taken by the Museum. Kitsap Peninsula Visitor Convention. Bureau: This is an annual fee paid for ongoing advertising and promotion of the Museum's attractiveness to tourists. Bremerton Symphony: This is an annual fee paid for ongoing advertising and promotion of the Museum. Road Signage: This is an annual fee paid for signs along state highways an~ arterials informing visitors how to get to the Museum. Kitsap Peninsula Heritage Guide reprint: This is a brochure designed and produced by the Kitsap Peninsula Visitor Convention Bureau and the Heritage Roundtable (a coalition of museums in the region). It has been hugely successful - flying off the racks - recognized by the State as an exemplary piece of tourist advertising and added to their tourism web site. The fee stated is for the cost of reprinting the brochure. Community Events Promotion: This is for the costs of promoting and attracting visitors to Bremerton for the various events which the Museum conducts, as well as events sponsored by the City of Bremerton, such as Armed Forces Day, and t~e Blackberry Festival. A multi-media approach is used to develop attendance at these events. Along with methods indicated above, electronic media, children's publications, and other advertising avenues (providing information to local hotels) are being utilized in creative ways.