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HomeMy WebLinkAbout4689 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4689 BREMERTON AREA CHAMBER OF COMMERCE Tourism Promotion City Clerk LEG 12-1 01/01/2008 12/31/2008 02/15/2010 01/01/2010 TOURISM PROMOTION SERVICES AGREEMENT 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, 2008 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-Seven Thousand Six Hundred Dollars ($47,600.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual HotellMotel Tax funds received by the City. If HotellMotel 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- BremertonlBremerton 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, Chamber 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 and a copy of the appropriate additional insured endorsement shall be provided to the City's Risk Manager. 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. Such reports and documents shall include: list of festivals and special events sponsored by Chamber with the amount of revenue expended on each festival, special event or tourism-related facility; the estimated number of tourists and/or persons traveling over fifty miles to the destination, and the estimated number of lodging stays generated BremertonlBremerton Area Chamber of Commerce Page 2 of 4 per festival or tourism-related event. Chamber shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. 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, WA 98337 Bremerton Area Chamber of Commerce Silvia Klatman, Executive Director 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. I. 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. Bremerton/Bremerton Area Chamber of Commerce Page 3 of 4 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. 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, sexual orientation 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 BREMERTON AREA CHAMBER OF COMMERCE By: its: f ~~uu.f:,~ Date: dr ( Se,..e..t"tl.ry Attest: <%;IctfJlruV City Cle Bremerton/Bremerton Area Chamber of Commerce Page 4 of 4 WORK PLAN - SCOPE OF SERVICES Measurable Goals We believe that the services provided will: · Increase awareness of tourism opportunities iij 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 Staffmg for Visitor Information Center RentJutilities/phone/supplies/postage, etc. Visitor maps (10,000 full-color, no ads) Advertising Total $30,100 $10,500 $ 4,000 $ 3,000 $47,600 Staffing Funds pay 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 . Chamber staff is working with lodging establishments to collect data on visitors to find out what brought them to our community and where they received their information. Rent/utilities/ph one/s u p plies/postage, etc. Funds also support 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. The Chamber will continue to print or copy materials as appropriate (lists of restaurants and hotels, events calendars, history time lines ) and mail visitor information and relocation packets as requested. Maps With the assistance of the City of Bremerton, the Chamber will create 11 x 17 maps. One side will feature the entire city while the other will highlight specific areas. The maps will be designed in-house and printed as needed. They will include information (when appropriate) on specific major events such as the Armed Forces and Blackberry Festivals, opening of new attractions and/or directing visitors to web sites for more information on events and attractions. Maps will be distributed in the Chamber and at local lodging establishments. Advertising Funds will be used in joint advertising efforts with the Kitsap Peninsula Visitor and Convention Bureau. These opportunities may include radio, web and print.