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ADMIRAL THEATRE FOUNDATION
Tourism Promotion Services
City Clerk
LEG 12-1
O1/O1/2010
12/31/2010
11/O1/2010
Comments :
TOURISM PROMOTION SERVICES AGREEMENT
Admiral Theatre Foundation
The City of Bremerton ("City") and Admiral Theatre Foundation ("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
YI. Term: This agreement shall commence on the date of execution of this Agreement
and shall continue in full force and effect until December 31, 2010 unless terminated earlier
pursuant to Section IX of this Agreement.
IIY. Compensation: In consideration of the services provided pursuant to this
Agreement City shall pay the Recipient an amount not to exceed Fifty Thousand Dollars
($50,000.00) 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 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 inctuding 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.
Bremerton/Admiral Theatre Foundation
Page 1 of 4
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.
VY. 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 Recinient'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.
Bremerton/Admiral Theatre Foundation
Page 2 of 4
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 6 th Street, Suite 600
Bremerton, WA 98337
Admiral Theatre Foundation Address
515 Pacific 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.
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.
]. 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. 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 Recipient without the written
consent of the City shall be void.
VYII. 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
Bremerton/Admiral Theatre Foundation
Page 3 of 4
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.
CITY OF BREMERTON
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Appr form:
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Bremerton/Admiral Theatre Foundation
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2009 LODGING TAX APPLICATION
CONTACT INFORMATION
Please complete the following....
Name of Organization: Admiral Theatre Foundation
Point of Contact: Brian Johnson, General Manaaer
Phone: 360-373-6810
Fax: 360-405-0673
Email: brian(c�admiraltheatre.orq
Amount of Request: $100.000
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2009 LODGING TAX APPLICATION
4. Describe the Scope of Services your organization will provide to the City of
Bremerton.
Annualiy, the Admiral Theatre Foundation presents, produces and hosts more than 150
PUBLIC EVENTS for the City of Bremerton. The schedule is designed to fulfill the
cultural and entertainment needs of the local community, and attract tourists from the
region and state to Bremerton. The theatre attracts popular headliners and presents
many sold out shows during the year. Operating without financial loss for many years,
the Admiral Theatre is one of the most successful community theatres in the State.
The Admiral Theatre attracts the cream of tourists ... those known as cultural tourists.
GaRison Keillor, in an address to the 1995 White House Conference on Travel 8
Tourism, best described cultural tourism by saying, "We need to think about cultural
tourism because ... iYs what tourism is. People don't come to America for our airports,
people don't come to America for our hotels, or the rec�eation facilities ... They come
for our culture: high culture, low culture, middle culture, right, left, real or imagined -- they
come here to see America.°
According to the iVational Association of State Arts Agencies, 81 percent of adults who
took a trip of 50 miles or more away from home in the past year can be considered
cultural tourists. Given this large volume of travelers, culturaUheritage tourism gene�ates
millions of dollars for destination communities in spending on shopping, food, lodging
and other expenses. This can be attributed in part to the fact that cultural/heritage trips
are likely to last five nights or longer. In a nutshell, cultural tourists compared to the
average U. S. traveler:
Spend more: $623 vs. $457
Are older: 49 vs. 47
Are more likely to be retired — 20 percent vs. 16 percent
Are more likely to have a graduate degree: 21 percent vs. 19 percent
Use a hotel, motel or 68B -- 62 percent vs. 55 percent
Are more likely to spend $1,000+/-: 19 percent vs. 12 percent
Travel longer: 5.2 nights vs. 3.4 nights