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HomeMy WebLinkAbout4601 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4601 BREMERTON HISTORIC SHIPS 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 4601 BREMERTON HISTORIC SHIPS ASSOCIATION Tourism Promotion City Clerk PRO File Class LEG 12-1 $10200.00 01/01/2007 12/31/2007 11/01/2007 GL AL E&O $ $ $ Insurance Total Insurance Review Date $ 01/01/2007 Lodging Tax Revenue TOURISM PROMOTION SERVICES AGREEMENT Bremerton Historic Ships Associa~ion The City of Bremerton ("City") and the Bremerton Historic Ships Association ("Association"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: I. Scope: The Association 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 Association 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 th~ 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 Association an amount not to exceed Ten Thousand Two Hundred Dollars and 001100 ($10,200) for Tourism Promotion services. Payments will be made in six (6) equal payments of $1700 for April through September 2007. 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 Association shall submit monthly billing statements detailing how activities and services performed by the Association 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 Association of its obligations under this Agreement. The Association 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 Association 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. Association and its personnel are independent contractors and not employees of the City. Association arid 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 Bremerton/Bremerton Historic Ships Association Page 1 of 4 insurance are available from the City to the employees, agents, representatives, or sub- consultants of the Association. Association will be solely and entirely responsible for its acts and for the acts of Association'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, Association 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 Association 'Of its personnel. As an independent contractor, Association 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 Association. V. Indemnification: Association 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, Association 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 Association 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, Association 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. Association shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. BremertonlBremerton Historic Ships Association Page 2 of 4 B. Work Performed at Association's Risk: Association 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 Association's own risk, and Association 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 Association 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 Association Address Bremerton Historic Ships Association 300 Washington Beach Avenue 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. N on- 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: Association 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 Historic Ships Association 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 Association without the written consent of the City shall be void. VIII. Nondiscrimination: Association 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 Association 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 HotellMotel Tax. CITY OF BREMER c::; '~tS1;~~~mao Date: '1q-J5-fJ7 ASSOCIATION .~~~ By: \J.U"~\'n ^ ~~~ its: \i)t'~\~~~ 1)\~ r Date: ct. -t . ~~ . BremertonlBremerton Historic Ships Association Page 4 of 4 EXHIBIT A I. Scope: The Association 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. Goals and Objectives A. The Bremerton Historic Ships Association (BHSA) intends to utilize the City of Bremerton Lodging Tax grant funding to launch a new web design that will promote visits to the ship and to the City of Bremerton by offering: 1 )Photographs and details of our Overnighter Program for youth groups: A description and pictures, and most importantly, videos, of happy scouts living as sailors for a night would increase interest in our Overnighter Program, which would serve to drive attendance in the program and result in additional visitations to the ship - and to Bremerton. 2)Programs and details of our Reunion Services program: The USS TURNER JOY is the only destroyer museum ship on the West Coast. Therefore the USS TURNER JOY and Bremerton are a 'natural' venue for tens of thousands of US NAVY destroyer veterans for their reunions. Since ship reunions are planned one to thre.e years in advance, we intend to target three (3) reunions for 2008, an achievable goal that would bring 50 to 150 individual attendees each, with their families, to Bremerton - with 16dgingand meal purchases as well as convention center financial increases -to Bremerton. 3.)"Sound bites" of a video tour would be viewable on the website, and serve as an appetizer for an in-person visit. Most museum ships have far fewer viewable spaces than the USS TURNER JOY. Being able only to visit the main deck and a few interior spaces....:.. the norm for most museum ships - is a turn-off for prospective visitors. The "sound bites" of a video tour on the website would display, in no uncertain terms, that our ship is wide-open for their viewing. A few paragraphs in a brochure cannot match actual videos of a tour. . B. The full 35 minute video - on a DVD - would be viewable and sold in the gift shop for two reasons: Many of our visitors are unable to negotiate the ship's ladders - due to physical disability or advanced age - and a DVD of the full tour could be brought back to friends and family at home as a souvenir. We all recognize that an in-person visit is best, but we want to offer a second-best alternative to the physically disadvantaged. We strongly believe that wide distribution of the DVD will serve as unique marketing collateral directed towards bringing a greater volume of visitors to the USS TURNER JOY, and by definition, Bremerton. Responses to inquiries about prospective reunions, group tours, Overnights, and future events will be accompanied by the DVD.