HomeMy WebLinkAbout4895Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
4895
BREMERTON SYMPHONY ASSOCIATION
Tourism Promotion Services
City Clerk
LEG 12-1
Ol/Ol/2010
12/31/2010
11/O1/2010
Comments :
TOURISM PROMOTION SERVYCES 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:
Y. 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.
III. 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/Mote1 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 responsibi�ities
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 Symphony
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.
VYI. General Conditions:
A. Re�orts 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 Reci�ient'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 Symphony
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 Aareement: 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 Symphony Address
P O Box 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.
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: Recipient shalt 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. Assianment: 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 faifs
Bremerton/Bremerton Symphony
Page 3 of 4
substantialiy 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
�' i' �
= .�1Jt'i�/.r � .
� ���
• . - �•']7
E NTITY
�/ � �/ � � 1�! �„ u �1 u � �
: :v'f�',//. lf�i'
:� .'�)11'�'
.. �/,�/1!
Appr s to form:
Br merton ity Attorney
H:\Lodging Tax\LodgingTaxContractForm.doc
Attes . �
�r �2
City Cler
Bremerton/Bremerton Symphony
Page 4 of 4
March 16, 2010
Carol Etgen
Office of the City Clerk
City of Bremerton
345 6`" Street, Suite 600
Bremerton, WA 98337
Dear Carol,
Below is the revised Scope of Work for the Bremerton Symphony Association, City of
Bremerton Lodging Tax Grant. The change is in the Program Development Request
(Leve13) Musical Family Endowment. We will spend $2,000 on that program instead of
the $7,000 amount requested.
Core Program Request (Level l )
$8,000; Outside Kitsap County Marketing
The Bremerton Symphony Association (BSA) develops name recognition and Bremerton
destination attraction from paid press releases of upcoming concerts and events
throughout the year. 2010 marketing to trade magazines and KING FM radio is
dependent on lodging taa� revenue. The promotion of the community as a multi-faceted
cultural destination draws visitors regardless of direct ticket sales.
Program Development Request (Leve12)
$10,000; Conductor's Circle
The Bremerton Symphony Association (BSA) has a mission for outreach to underserved
communities, bringing classical symphonic music to those without. Most symphonic
repertoire is accessible in greater King County. Residents in Allyn-Belfair, Port Ludlow
and Gig Harbor (to name a few communities) have Bremerton as a primary destination
without a toll or ferry ride. Ticket sales have indicated very few of these communities
purchase season tickets. The BSA would advance widening its audience with contact
with Chambers and civic groups in these communities lying directly outside Kitsap
County's borders. The request entails sending the new conductor, Alan Futterman to
speak to community groups and underwriting concert tickets to be distributed amongst
the attendees. The outcome will widen the popularity of Maestro Futterman and prompt
new visitors to make an evening out of Bremerton. Hotel and fine dining brochures will
accompany each Conductor's Circle ta.lk. The Lodging Tax revenue will directly
leverage federal National Endowment for the Arts — Access to Artistic Excellence grant
funding, which requires a 50:50 match.
Program Development Request (Level 3)
$2,000 �9A9; Musical Family Endowment
The Bremerton Symphony Association develops their season's repertoire a year in
advance. Many times, the orchestration does not exactly fit a volunteer orchestra
personnel roster with ever changing individual commitments. With the new conductor
Alan Futterman, he has brought collaboration with Seattle's Academy of Music, the
Puget Sound's foremost school for youth interested in a career of classical performance.
In the 2008/9 season, Maestro Futterman inoculated the symphony personnel with
volunteer Academy youth. The outcome was an extremely successful collaboration.
Members of the Symphony were extending hospitality and visitor information to
Academy families. A typical rehearsal schedule before a concert requires these outside
musicians to arrive on a Thursday, rehearse three times and perform on Saturday night.
Parents and siblings accompany the youth musicians. The funding request will develop
an incentive program through partner hotels and dining establishments to support out-of-
town Academy families in 2-for-1 vouchers. The funding will be used to subsidize the
voucher and directly benefit the Bremerton businesses. The families will need to pay for
2 night/2 entree services to redeem the vouchers. The BSA can anticipate up to ten
(10) families per concert.
Please call me if you have any questions at 373-1722.
Sincerely,
Gena Wales
Executive Director
Bremerton Symphony Association