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HomeMy WebLinkAbout4997 Contract Number 4997 Vendor- KITSAP PENINSULA VISITOR & CONVENTION BUREAU Subject* Tourism Promotion Services Department City Clerk File Class LEG 12 -1 Begin Date 2/9/2011 End Date 12/31/2011 Review Date: 11/1/2011 Vault Date 2013 Comments CLOSED 2011 TOURISM PROMOTION SERVICES AGREEMENT Kitsap Peninsula Visitor & Convention Bureau The City of Bremerton ("City") and Kitsap Peninsula Visator & Convention Bureau ("Recipient"), referred to collectively as the ��Parties," enter into the following Agreement for Tourism Promotion services Y. Scope: The Reapient 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 otherw�se d�stributing 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 ob�ectives 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, 2011 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 Ten Thousand Dollars ($10,000 00) for Tourism Promotion services However, funding for this Agreement is sub�ect to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgetesl 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 tounsm 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/Kitsap Peninsula Visitor & Convention Bureau Page 1 of 4 As an �ndependent contractor, Reapient �s respons�bfe 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, Reapient is respons�ble 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 C�ty may withhofd 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 harmiess from any and all claims, in�uries, 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 in�uries 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 obta�ned and maintains in fufl 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 liabifity 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 Reaorts 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 Reapient 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 Reapient's own risk, and Recipient shall be responsible for any loss of or damage to matenals, tools, or other articles used or held for use in connection with the work , Bremerton/Kitsap Peninsula Visitor & Convention Bureau Page 2 of 4 C Place of Work: The Rec�p�ent shall perform the work authonzed under th�s Agreement at its offices in Port Gamble, Washmgton. Any necessary meetmgs with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties D Ent�re Agreement: This Agreement and its Exhib�ts constitutes the ent�re agreement between the Parties, and the Parties acknowledge that there are no other agreements, wr�tten or oral, that have not been set forth in the text of this Agreement. E Severabifitv. Shouid any part of this Agreement be found void, the balance of the Agreement shall remain in fuli force and effect. F Mod�f�cation• This Agreement may only be modified by written mstrument signed by both Part�es. G Wr�tten Notices. All commurncat�ons regarding this Agreement shall be sent to the part�es at the addresses listed below by reg�stered or ist class ma�l, or by personal serv�ce, and shall be deemed su�ciently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing C6�/ Address City Clerk C�ty of Bremerton 345 6"' Street, Suite 600 Bremerton, WA 98337 K6tsap Peninsula Vasitor & ConventBon Bureau Address 9481 Silverdale Way, Suite 281 S�Iverdale, WA 98383 H Wa�ver. Fa�lure to enforce any provision of th�s Agreement shall not be deemed a wa�ver of that provision. Waiver of any right or power ar�sing out of this Agreement shall not be deemed waiver of any other r�ght or power. I. Non-Wa�ver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exerc�se any opt�on here�n conferred in one or more instances shali not be construed to be a wa�ver or rel�nquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. ] Com�liance 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 Washmgton. Any �udicial action to resolve disputes ar�s�ng out of this Agreement shall be brought m Kitsap County Supenor Court. L Attorneys' Fees: In the event of litigation to enforce any of the terms or prov�sions here�n, each party shall pay ail �ts own costs and attorney's fees. M Assignment: Any assignment of th�s agreement by the Recipient without the written consent of the City shall be void. VIII. Norodiscrimin�tion: Recipient shail not discrimmate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, mar�tal status, sexual or�entation or disab�l�ty, except for employment actions based on bona fide occupational qualif�cation Bremerton/Kitsap Pernnsula Visitor & Convention Bureau 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 i �' � i�� -�., rl�i1,� �"/� ,/. �r.� .. - �7,�� as to form emerton City Attorne H:\Lodging Tax\LodgingTaxContractForm doc ENTITY ��� `� � e ' - � � � � _ � , °�._ � . i .� . . �. ,y -'ii f� 'J� Bremerton/Kitsap Peninsula Visitor & Convention Bureau Page 4 of 4 - 9!eKit 800- 337 -0580 office and fax 9481 Silverdale Way NW, Suite 281 The Natural Side Peninsulaof Puget Sound Si lverdale, WA 98383 Visftr & Convention Sureauwww VisitKitsap com CITY OF BREMERTON HOTEL/MOTEL LOWING TAX ALLOCATION SCOPE of DELIVERABLES FOR $10,000 in Funding for 2011 II - Seirrtraces Indude: • Providing the City of Bremerton with representation on the KPVCB website 24/7, 365 days a year, including unique pages with photo, content, and links to main offices and key attractions. Updated as needed. • Listing of the City of Bremerton and Bremerton Chamber of Commerce in membership search database and under "Community" listing on website. • Listing of Bremerton's and other attractions (that are free to the public) under Things - To- DolMore sections on KPVCB website. • Listing of City of Bremerton, Bremerton Chamber of Commerce, and downtown community events (open and free to the public) on the KPVCB Calendar of Events • Processing and promoting Bremerton events in monthly KPVCB eNewsletters to 23,000 subscribers including line listings of City of Bremerton and local non -profit groups. • Inclusion of City of Bremerton name in KPVCB Visitor Guide distributed via WA State Ferries and throughout 139 visitor centers on the Kitsap & Olympic Peninsulas. 0 Inclusion of Bremerton name on advertisement in on WA State Map distributed in Best Western Hotels in WA, and on other marketing materials including print and online co -op advertisements, brochures, road and recreational maps, used to promote the City of Bremerton and Kitsap Peninsula region. • Inclusion of Bremerton on map used in $6000 advertisement placed in WA State Annual Travel Planner print/online. • Inclusion of the City of Bremerton on the Go- Washington, Go- Northwest and Northwest Traveler, visitor information websites (Cost: $3000). • Distribution of City of Bremerton materials at trade shows and exhibits including the Seattle Wedding, South Sound and Kitsap Wedding shows, Military appreciation, and Seattle Bike Show, other events where KPVCB has a booth /display s Inclusion of City of Bremerton marketing materials including walking maps and other materials as provided by the City of Bremerton and businesses in information packets provided to event planners, in response to inquiries and in relocation packets, at wedding/visitor expos and community events, and to travel writers and publications. s Provide referral from inquires received via email, website, phone and in person. 2 - KPVCB LT Application 2010 • When provided, inclusion of City of Bremerton print materials in PDF format via KPVCB online Library link • a comty to have graphic /ptrato display of City/®f Brerneatimrt events - with live link - on the home page of KPVCB website • Opportunity to have graphic/photo display Graphic/Photo IMng of City of Bremerton, events in monthly KPVCB eNewsletters to 23,000 subscribers (230,000 eNewsletters have been distributed in 2010) • Listing of City of Bremerton attractions, museums, farmer's market, festivals, art walk and other events in sidebar of monthly eNewsletter and select website pages. (free to public events) • Inclusion of City of Bremerton in editorial recommendations distributed to travel writers, editors and publications. Assisting travel writers on tours of Bremerton. • Notification on options to participate in regional co-op advertising, public relations, promotional programs, space selection on print and other marketing materials. We are currently looking at annual contracts with Seattle Magazine and other publications. Other General Services that Benefit the City of Bremerton > KPVCB Public Service Visitor Information Offices & Referra7 Services KPVCB maintains a Silverdale office that is open to the public 9-5, Monday - Friday. Staff processes hundreds of visitor calls, emails and online inquiries for the K"rtsap Peninsula and distributes brochures featuring the City of Bremerton and dozens of its businesses, attractions and events KPVCB covers staff and postage costs to process and forward requests for information >KPVCB Website: Most Comprehensive Visitor /Infe Wehsfte in the Region: The KPVCB website is one of the most popular, largest, and most comprehensive visitor- information websites in the region, and the City of Bremerton is prominently featured. In June, we attracted a record 92,000 visitors to the website - up nearly 20,000 from the month before The KPVCB Calendar of Events, Things to ®o, Dining, lodging, and Boating pages also promote Bremerton attractions, events, parks, shops, and Bremerton marinas. The KPVCB website provides the City of Bremerton with 24/7 access to local, regional and international visitors, professional planners for tournaments, weddings, conferences, events, day - trips, and multiple -night visits. The website also features a library of downloadable brochures, maps, trails, park guides, and links to dozens of local resources. KPVCB maintains social marketing pages that promote City of Bremerton events on Facabook, Twitter and its Visitor blog. The website is updated every single day by a KPVCB staff member or sub- contractor. The KPVCB website comes up first nearly every single time in search engines, even for Bremerton. We have worldwide presence that is unmatched and cannot be duplicated by any other local entity in the Kitsap Peninsula region. The KPVCB gives the City of Bremerton added international attention and access. 3 - rPvca LT Appftadan 2010