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HomeMy WebLinkAbout5003 Contract Number 5003 Vendor: BREMERTON AREA CHAMBER OF COMMERCE 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 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 ob�ectives for successful tourism promotion II. 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 Eight Thousand Dollars ($8,000 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 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 shali 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, 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 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 I�quor I�ab�lity 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 sa�d insurance VIY. General Conditions: A. Reoor�s 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� I�st 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, toois, or other articles used or held for use in connection with the work. Bremerton/Bremerton Area Chamber of Commerce Page 2 of 4 C. Place of Work. The Recipient shall perform the work authonzed under this Agreement at �ts offices �n Bremerton, Wash�ngton. Any necessary meet�ngs w�th the City staff shall take place at the City's offices, or at locat�ons mutually agreed upon by the parties D Entire Agreement: This Agreement and its Exhibits canstitutes the entire agreement between the Part�es, 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 Severab�l�tv Should any part of this Agreement be found vo�d, the balance of the Agreement shall remain in full force and effect. F Modification• This Agreement may oniy be modified by written instrument signed by both Parties. G Written Notices: All communications regardmg this Agreement shaii be sent to the parties at the addresses listed below by registered or ist class mad, or by personal serv�ce, 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 Adc6ress City Cierk 345 6"' Street, Suite 600 Bremerton, WA 98337 Bremerton Area Chamber of Cornmerce Address 286 4"' Street Bremerton, WA 98337 H. Waiver• Fa�lure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Warver of any nght or power arismg out of this Agreement shall not be deemed waiver of any other nght or power. I. Non-Waiver of Breach: The failure of the City to insist upon str�ct 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 rema�n in full force and effect. J Com�liance with Laws: Recipient shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. K Cho�ce of Law and Venue Th�s Agreement shall be interpreted according to the laws of the State of Washmgton. Any �udicial action to resolve disputes ar�s�ng out of th�s Agreement shall be brought in K�tsap County Supenor Court. L Attorneys' Fees: In the event of lit�gation to enfarce any of the terms or prov�s�ons herein, each party shall pay all �ts own costs and attorney's fees. M Ass�gnment: Any assignment of this agreement by the Recipient without the wr�tten consent of the City shall be void. ViII. Nondiscrimination: Recipient shall not discriminate in employment the public on the basis of race, color, national origin, sex, religion, age, sexual or�entation or d�sab�l�ty, except for employment actions based occupational qualification or services to marital status, on bona fide 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 wiil 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��� �%���� � �� Appr to form / erto ity Attorney H \Lodging Tax\LodgingTaxContractForm.doc ENTITY i � i�� ���� � .., 't'i� � i !/�i/�. � . - 1� . �� � � �i�� Bremerton/Bremerton Area Chamber of Commerce Page 4 of 4 - � Bremer°ton 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 09, 2011 Carol Etgen City Clerk City of Bremerton 345 Sixth Street Bremerton WA 98337 Dear Carol, In accordance with the request for the Scope of Work to be provided under the visitor informarion contract for $8,000 that the Chamber has with the City, we ant�cipate tourism expenditures m 2011 as follows Function Staffing for Visitor Informanon Center Monday through Friday, 10 00 a m to 4 00 p m Rent/utilines/phone Postage/copies/ supphes Total Note defineteon.r of each category ar� on the attached page Amount $21,668 $10,562 $400 00 $32,630 Please note that the Scope of Work is dtfferent from the proposal submttted so we would like tlus page subsntuted for the onginal page uicluded as "Exhtbit A" of the Lodging Tax Contract Please contact me at 479-3579 or chamber@bremertonchamber org if you need addittonal mformat�on ox have any queshons Smcerelp, Fxank Gentile, IOM Operattons Manager Staffin� 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 The visitor Center is closed Hohdays, weekends and for Chamber events Staff is trauied to welcome guests, answer questtons about the commuiuty and recommend places to visit They assist visitors and people considering visittng our area via phone, mail and ema�l Staff also creates, assembles and mails visitox mformanon packets, works v�nth travel wnters, dismbutes visitor informat�on to chamber members, other visitor ulformauon centers across Waslungton State and local organizattons and assists school children from outside the area who are wnting xeports on Bremerton and Kttsap County Staff works with naval personnel and others who are relocatuig to the area and with employers who are recnuting employees by providtng informanon about our commurury Rent/UtiLties Funchng supports the portton of the Chamber office that is specifically set aside for visitor assistance Thts mcludes areas to display and store uiformanon, a seattng area for visitors as well as space for two telephones and two computers In addinon, funding is used for long distance phone calls/faxes to people who need mformatton and other visitor informat�on centers Advertisin� No advertismg will be done by the Chamber Postage / Co�ies / Suuplies The Chamber will p�nt and copy materials as appropriate (school dtstrict mformat�on, helpful websites, events calendars, lustory tuneluies) and mail visitor informatton packets as xequested and give to tounsts who visit out office Goals and Ob�ect�ves 'The goals and ob�ect�ves of funduig are to provide visitors to our commwuty with one-on-one assistance and to inform them of other opportumnes to spend addittonal time m Bremerton We will also work with people who axe consider�ng a visit to our community and encourage them to visit attracttons, events, hotels, restaurants and other businesses