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HomeMy WebLinkAbout4692 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4692 BREMERTON SYMPHONY ASSOCIATION Tourism Promotion City Clerk LEG 12-1 01/01/2008 12/31/2008 2/15/2010 01/01/2010 TOURISM PROMOTION SERVICES AGREEMENT The City of Bremerton ("City") and 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, 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 Symphony an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00) 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 1 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, Symphony 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, 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. Such reports and documents shall include: list of festivals and special events sponsored by Symphony 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 Bremerton/Bremerton Symphony Association Page 2 of 4 generated per festival or tourism-related event. Symphony shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. 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 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 Symphony Association Elizabeth Stoyanovich, Music Director 532 5th Street, Suite 16 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: Symphony shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Bremerton Symphony Association 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 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, 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 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 of HotellMotel Tax. BREMERTON SYMPHONY ASSOCIATION By: its: Date: ~ A~~ CIty Cler Bremerton/Bremerton Symphony Association Page 4 of 4 Goals and Ob1ectives: The Bremerton Symphony Association seeks to reach out to our community and truly serve others with the performance of classical music. We offer cultural and musical enrichment for the greater Kitsap County. For the 2007-08 season, we offer fourteen performances of varied musical literature. With the funds from the Lodging Tax Fund we will be able to market all of our activities and programs to greater Kitsap County and beyond seeking to broaden our audience, attract individuals from outside our community and serve those closest to home. Some of the areas that we are planning on continuing include: . Advertising in the Kitsap Sun through our expanded "Partnership" relationship getting 2 for I in the cost of ads, expanding the color and appeal of the advertisement, expanding the number of times and ad runs and advertising in the Kitsap Sun affiliates. . Utilizing KING-FM spots during peak and off peak times to reach out to radio audiences around the Puget Sound. . Inviting prominent music critics and arts supporters from King and Piece counties to attend our concerts and write articles prior to and following performances. . Working with area lodging businesses to develop discount programs with dinner/lodging/orchestra tickets at reduced prices. Also, utilizing those businesses with expanded advertising. . Developing collaborations with area arts groups and venues such as our endeavor for May 3, 2008 with the Admiral Theater where we will present a pops concert with a name soloist performing with the BSA. . Continuing the opportunity of offering free summer concerts to the public. We successfully presented a concert July 1, 2007 at the Silverdale Beach Hotel expecting about 200 in the audience. In actuality, we had well over 700 with many from beyond Kitsap County and many that were individuals that stayed at the Silverdale Beach Hotel that weekend which houses How funds will be spent: Marketinl!: $25.000 Season Brochure and support materials 2500 Posters/postcards 1440 Out of area advertising 2500 Local advertising 4500 BSYO advertising 600 Concert program booklet 7250 BSYO program booklet 700 OrKIDstra newsletter 1000 Ticket printing 960 Postage meter 2000 Administration production 1550 b. Revenue to be generated by BSA for City of Bremerton: There are a number of ways that the city of Bremerton will benefit by the continued presence and performances of the Bremerton Symphony Association. Overall with 14 concerts almost every month from September-May and a July pops concert, we anticipate on average about 700 patrons to attend each of these events. With this number of individuals, there is a number of ways that monies is generated for the City including patronizing local businesses including restaurants, hotels/bed and breakfast lodging, purchasing goods such as gasoline, parking, newspaper, magazines, snacks/food and other items. We have tracked our patrons and by and large the greatest percentage of individuals do not live within the Bremerton City limits, thus they are traveling in to the Bremerton High School Performing Arts Center and our other performing venues to hear live orchestral music. c. A Bremerton lodging tax grant for the BSA will enable us to present concerts and entice individuals to travel to come to our events throughout the year. lIDs will help tourism because people will travel to come to hear our concerts and along the way spend money in our region on items ranging from lodging to food to other comforts.