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
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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