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! i i I
BREMERTON AREA CHAMBER OF COMMERCE
Tourism Promotion Services
City Clerk
LEG 12-1
01/Ol/2010
12j31/2010
11/Ol/2010
Comments :
TOURISM PROMOTION SERVICES AGREEMENT
Bremerton Area Chamber of Commerce
The City of Bremerton ("City") and Bremerton Area Chamber of Commerce
("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.
IIE. Compensation: In consideration of the services provided pursuant to this
Agreement City shall pay the Recipient an amount not to exceed Twenty Thousand Dollars
($20,000.00) 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 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.
Bremerton/Bremerton Area Chamber of Commerce
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.
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.
VIY. 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.
Bremerton/Bremerton Area Chamber of Commerce
Page2of4
C. Piace 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 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. 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 ist 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 Street, Suite 600
Bremerton, WA 98337
Bremerton Area Chamber of
Commerce Address
• z� y-�h �f
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.
]. Comoliance 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. Assicanment: 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.
Bremerton/Bremerton Area Chamber of Commerce
Page 3 of 4
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
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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H:\Lodging Tax\LodgingTaxContractForm.doc
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Bremerton/Bremerton Area Chamber of Commerce
Page 4 of 4
E NTITY
- �
Bremerton Area
Chamber of Commerce
Helping businesses
achieve success
since 1907
Bremerton Area
Chamber of Commerce
286 Fourth Street
Bremerton WA 98337
Phone; (360) 479-3579
Fax: (360) 479-1033
www.BremertonChamber.org
February 04, 2010
Carol Etgen
City Clerk
City of Bremerton
345 S�th Street
Bremerton WA 98337
Dear Carol,
In accordance with the request for the Scope of Work to be provided under
the visitor information contract for $20,000 that the Chamber has with the
City, we anticipate tourism expenditures in 2010 as follows:
Function
Staffing for Visitor Information Center
Monday through Friday, 10:00 a.m. to 4:00 p.m.
Rent/utilities/phone
Advertising
Postage/copies/supplies
Total
Note: definition.r of each category are on the attached page.
Amount
$21,396
$ 9,728
$ 0
$ 788
$31,912
Please note that the Scope of Work is different from the proposal submitted
so we would like this page substituted for the original page included as
"Exhibit A" of the Lodging Tax Contract.
Please amend Section VII item G to read Bremerton Area Chamber of
Commerce, 286 Fourth Street, Bremerton WA 98337
Please contact me at 479-3579 or chamber@bremertonchamber.org if you
need additional information or have any questions.
Sincerely,
�����
Frank Gentile, IOM
Operations Manager
St a�n�
Funding pays the wages, taxes and related costs of Chamber employees who assist visitors Monday
through Friday from 10:00 a.m. to 4:00 p.m. Closed Holidays, weekends and for Chamber events.
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, mail and email. Staff
also creates, assembles and mails visitor information packets, works with travel writers, distributes
visitor information to chamber members, other visitor information centers across Washington State
and local organizations and assists school children from outside the area who are writing reports on
Bremerton and Kitsap County. Staff works with Navy personnel and others who are relocating to
the area and with employers who are recnuting employees by providing information about our
communiry.
Rent/Utilities
Funding supports the portion of the Chamber office that is specifically set aside for visitor
assistance. This includes areas to display and store information, a seating area for visitors as well as
space for two telephones and two computers.
In addition, funding is used for long distance phone calls/faxes to people who need information and
other visitor information centers.
Advertisin�
No advertising will be done by the Chamber.
Postage /Co�ies /Su�plies
The Chamber will print and copy materials as appropriate (lists of restaurants and hotels, events
calendars, history timelines) and mail visitor information packets as requested and give to tourists
who visit our office.
Goals and Objectives
The goals and objecrives of funding are to provide visitors to our community with one-on-one
assistance and to inform them of otheY opportunities to spend additional time in Bremexton. We
will also work with people who are considering a visit to our community and encourage them to visit
attractions, events, hotels, restaurants and other businesses.