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Home My WebLink About5011 Contract Number 5011 Vendor BREMERTON SYMPHONY Subject Tourism Promotion Services Department City Clerk File Class: LEG 12 -1 Begin Date 1/26/2011 End Date 12/31/2011 Review Date* 12/31/2011 Vault Date 2013 Comments. CLOSED 2011 TOURISM PROMOTION SERVICES AGREEMENT Bremerton Symphoe�y The City of Bremerton (°City") and Bremerton Symphony ("RecipienY'), 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 Tour�sm 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 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 w�ll 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, offiaals, 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 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 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, Reapient 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. VII. 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 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 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 regardmg this Agreement shall be sent to the parties at the addresses listed below by registered or lst 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 speci�ed 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 ] Compliance 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 �udicial 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 fails Bremerton/Bremerton Symphony Page 3 of 4 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 show�ng 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 /'j / �� ► ��/,/1�r� - I'L� �. . ,_ , Appro to form • Br on ity A torney H•\Lodging Tax\LodgingTaxContractForm doc Bremerton/Bremerton Symphony Page4of4 Attest • � � City Cl rk ��h�� RTON �ONY I A T I O N Mus�c Director/ Art�shc D�rector Alan Futterman Executrve D�rector Gena Wales Board of D�rectors Robert Cathcart Pres�dent Wendy Clark-Getzm 1" Pce Prestdent Ruth Bernstem 2'' �ce President Steve Politakis Treasurer Tom Cameron, Ph D Secretary AI Dillan D�rector Ementus Deborah Gates Cris Damelson Dr William Ferman Sharon Fuller Alan Halfhill Conme Lord Dr Ronald Morse Earl Rice Joan Sonano Anrta Wilhams Paul Wilson February 24, 2011 Carol Etgen Office of the Ctty Clerk City of Bremerton 345 6�' Street, Suite 600 Bremerton, WA 98337 Dear Carol, The Bremerton Symphony Association's scape of work for the City of Bremerton Lodging Tax Gcant will be the Prograin Development Request (Level 2) Conductor's C�rcle of the application. Program Development Request (L,eve12) $8,000 $�8 Conductor's Circle A. $500 �1 Travel and meal reunbursement for Conductor when 50 miles away frvm home $7,500 �,�88 Event ticket undervvriting for non-Kitsap County communrties B We anticipate 700 �9AA new concert goers from the direct inv�tations to our concerts Th�s should translate m a 50% return to future concerts or $7,000 $9�,888 revenue to BSA and equivalent to dimng businesses. C From Al(yn to Port Ludlow, many of the invites will be 1�` time visitors tc� Bremerton since the transformation of the downtown ar�a and th� nse of fine din�ng opportunit�es We imagine these Pierce, Mason and Jefferson County visitors will return on subsequent occasions to sample other aspects of Bremerton. D. BSA witl pursue on May 2010 National Endowment for the Arts (NEA) grant for the fiscal year. BSA's lodging tax proceeds will leverage federal funds and allow BSA to be eligible for the Challenge America grant. The NEA gcant announcement is m January 2�21 Please call me if you have any questions at 373-1722 Since 1y, � Gena Wales Executive Director "Serving The West Sound Communiry" 532 5`� Street, Surte 16 PO Box 996 Bremerton, Washmgton 98337 Phone (360) 373-1722 Fax (360) 405-9665 E-Mail Address symphony@symphomc org Web Site www bremertonsymphony org