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HomeMy WebLinkAbout4603 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4603 BREMERTON SYMPHONY ASSOCIATION 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 4603 BREMERTON SYMPHONY ASSOCIATION Tourism Promotion City Clerk PRO File Class LEG 12-1 $22500.00 01/01/2007 12/31/2007 11/01/2007 GL AL E&O $ $ $- Insurance Total Insurance Review Date $ 04/01/2007 Lodging Tax Revenue TOURISM PROMOTION SERVICES AGREEMENT Bremerton Symphony Association The City of Bremerton ("City") and the Bremerton Symphony Association ("Symphony"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: I. Scope: The Symphony 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 Symphony 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 Symphony an amount not to exceed Twenty Two Thousand Five Hundred Dollars and 00/100 ($22,500) 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 Symphony shall submit monthly billing statements detailing how activities and services performed by the Symphony 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 Symphony of its obligations under this Agreement. The Symphony 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 Symphony 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. Symphony and its personnel are independent contractors and not employees of the City. Symphony 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 Symphony Association Page I of 4 consultants of the Symphony. Symphony will be solely and entirely responsible for its acts and for the acts of Symphony'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, Symphony 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 Symphony or its personnel. As an independent contractor, Symphony 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 Symphony. v. Indemnification: Symphony 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, Symphony 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 Symphony 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, Symphony 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. Symphony shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. Bremerton/Bremerton Symphony Association Page 2 of 4 B. Work Performed at Symphony's Risk: Symphony 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 Symphony's own risk, and Symphony 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 Symphony 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. City Address City Clerk 345 6th Street, Suite 600 Bremerton, WA 98337 Symphony Address Bremerton Symphony Association PO Box 996 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: Symphony 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 Symphony Association Page 3 of4 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 Symphony without the written consent of the City shall be void. VIII. Nondiscrimination: Symphony 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 Symphony 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 ofHotel/Motel Tax. SYMPHONY ~~J;;;~c By: IC Src1 tf A Nt) 1/tC n its: PI (/'51 c j) / A f:. c; /rJ /L Date: ~/ -r (t;l 'r . BremertonfBremerton Symphony Association Page 4 of 4 2007 Work Plan The Bremerton Symphony Association continues its 64 history by making a concerted effort to reach out to our community and truly serve others with the performance of classical music. The BSA offers cultural and musical enrichment for the greater Kitsap County. Often times, our audience members travel from Seattle, Port Angeles and Tacoma to hear our concerts. For the 2005-65 season, we are offing fourteen full symphonic performances of varied musical literature. Our organization is made up of 150 volunteers, 2 full-time professional staff and 9 part time professional staff. The focus of our application is on promotion of marketine: outside Kitsap County. We would use the funding received from the City of Bremerton Lodging Tax to promote visitors to come to Kitsap County, hear our concerts and spend the night in our local establishments. Funding for this grant will go to the following places: . Creation of professional promotional information and materials . Distribution of materials outside of Kitsap County . Continue to develop collaborations with local business including hotellbed and breakfast packages and alerting travelers to other local opportunities and events . Establishing consistent media promotion on radio (KING FM, KUOW) and television The BSA is the major resource of symphonic performances in Kitsap County. All of our endeavors are marketed and advertised to the general public. Our theme for 2006-07 is "Symphony: The Extraordinary." Our programs enhance our community and appeal to all generations. We regularly appear in local newspapers, on community access television and our website W\vw.bremertonsvmphonv.org. Our Music Director, Elizabeth Stoyanovich, frequently speaks at service club meetings, Chambers of Commerce and other local groups. In addition, we are members of the Bremerton Chamber of Commerce, the American Symphony Orchestra League, ASCAP, BMI and the Kitsap Peninsular Visitor and Convention Bureau. We are hoping with this application to have resources to forge new ties with local hotel, motel and bed & breakfast establishments creating attractive packages for symphony goers. We are interested in alerting travelers from outside Kitsap County to come to local community events so many businesses in our area may benefit from bringing in tourist to our region. .. , <j MERTiON MPH;ONY INVOICE No. 532 5ih Sired, Suif,e 16.PO Box 9%. B:rememm, W~ 98331 (360) 313-1712 . Fax (36D)405-96!J5 E-mail: S}mphtmy'~mphmnic.OIg. www.brem~.OIg Date Bill To City ofBremerton Attn: Paula Johnston, City Clerk 345 6th Street, Suite 600 Bremerton WA 98337 WC51/1!- f11L-1/L f,K~~J~:S Descri non Monthl Anoual BREMERTONWDGING TAX COMPENSATION FOR OUT-OF-AREAPROMOTION January 2007-December 2907 Services provided include: Creation of professional promotionalinfonnation and materials and developing traveler-oriented packages with local businesses: $750.00 $9,000.00 Consistent media promotion ofBremerton Symphony Association concerts on Western Washington rndio (KING FM, KUOW) and television; and out-ilf-county publications (Gig Harbor, Port Ludlow, Belfuir etc.) $1,125.00 $13,500.00 Total Sl,875.00 $22,500.00 \