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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
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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.