HomeMy WebLinkAbout4810 Contract Number: 4810
Vendor: BREMERTON SYMPHONY ASSOCIATION
Subject: Tourism Promotion Services
Department: City Clerk
File Class: LEG 12-1
Begin Date: O1/O1/2009
End Date: 12/31/2009
Review Date: 02/15/2011
Vault Date: O1/O1/2011
Comments :
TOURISM PROMOTION SERVICES AGREEMENT
Bremerton Symphony
The City of Bremerton ("City") and Bremerton Symphony ("Recipient"), referred to
collectively as the "Parties," enter into the following Agreement for Tourism Promotion
services:
I. Scope: The Recipient 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 Recipient 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, 2009 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 Recipient an amount not to exceed Seven Thousand Five
Hundred Dollars ($7,500.00) 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 Recipient shall submit monthly billing statements detailing how activities and services
performed by the Recipient 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 Recipient of its obligations under
this Agreement.
The Recipient 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 Recipient 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. Recipient and its personnel are independent contractors and not
employees of the City. Recipient 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-consultants of the Recipient. Recipient will be solely and entirely
responsible for its acts and for the acts of Recipient'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.
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As an independent contractor, Recipient 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 Recipient or its personnel.
As an independent contractor, Recipient 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 Recipient.
V. Indemnification: Recipient 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, Recipient 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 Recipient organizes, promotes or sponsors an event involving the sale or
consumption of food or alcoholic beverages, Recipient 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, Recipient 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 Recipient 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 per festival or tourism-related event.
Recipient shall maintain accounting records in accordance with Generally Accepted
Accounting Principles (GAAP) to substantiate all billed amounts.
B. Work Performed at Recipient's Risk: Recipient 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 Recipient's own risk, and Recipient 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.
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C. Place of Work: The Recipient 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 Aqreement: 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. Severabilitv: 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
Bremerton Symphony Address
POBox 996
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 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: Recipient 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.
L. Attornevs' 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. Assiqnment: Any assignment of this agreement by the Recipient without the written
consent of the City shall be void.
VIII. Nondiscrimination: Recipient 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
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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
Recipient 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.
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Exhibit A
2008 LODGING TAX ApPLICATION
PART 1
1.. Please provide your organization's Mission Statement
Enriching the West Sound with excellent classical music through performance and education.
2. Describe the Scope of Services your organization will provide to promote tourism inside the
City of Bremerton.
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 2008-09 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 long term relationship getting 2 for 1 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 November
2008 with the Kitsap Opera where we will present a full length opera with number of professional
vocal soloists from our region performing with the BSA.
· Continuing the opportunity of offering free summer concerts to the public. In summer 2008 we
performed for Poulsbo's 100th Anniversary on the waterfront for well over 3000 people. In July
2007 we presented a summer concert at the Silverdale Beach Hotel for over 700 people.
3. Describe how you plan to measure success in increasing tourism.
Examples of measurements include estimated number of event attendees, revenue
generated by an event, and estimated or actual overnight stays resulting from your event.
For the 2007 calendar year, BSA has consistently used funds from the 2007 Bremerton Lodging Tax to
increase the awareness of our organization's activities for the benefit of travelers and those out of our
area. We were able to track some 198 individuals that came into our area outside of the regular Kitsap
county zip codes with our data processing system. This includes some 22 individuals that attended the
collaborative concert between the BSA and the Admiral Theater in May 2008 from outside of Kitsap
County. We track the success of our programs overall by having a positive balance in our budget at the
end of the season. This year, fiscally we ended with approximately $5000 in the black. We were not
only successful with our ticket sales, but with our business sponsorships which nearly all signed on
again for the 08-09 season in April of 2008. We also track our success with marketing by offering an
end of season survey at our final concert and on-line. Our Artistic Committee goes over the results and
shares this with our full board.
4. Please include:
a) Current Fiscal Year Operating Budget, noting the programs and/or
events to be funded
See included.
b) Income Statement
See included.