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Home My WebLink About5118 Contract Number 5118 Vendor: BREMERTON HISTORIC SHIPS ASSOC Subject Tourism Promotion Services Department City Clerk File Class: LEG 12 -1 Begin Date: 1/1/2012 End Date. 12/31/2012 Review Date Vault Date: 2014 Comments- CLOSED 2012 �� TOURISM PROMOTION SERVICES AGREEMENT Bremerton Historic Ships Association The City of Bremerton ("City") and Bremerton Historic Ships Association ("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 IY. Term: This agreement shall commence on the date of execution of this Agreement and shall continue in full force and effect until December 31, 2012 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 Thirteen Thousand Dollars ($13,000 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 by the 15 of the month 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 Failure by the Organization to submit all conforming billing statements by )anuary 15th after the expiration of this agreement will result in the forfeiture of remaining unbilled compensation 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 �n the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its �eld 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 Reapient. 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 Historic Ships Association Page 1 of 4 .� �as an independent contractor, Recipient is responsible for its own management The City's �jdministration and enforcement of this Agreement shall not be deemed an exercise of rnanagerial control over Recipient or its personnel. �,as an independent contractor, Recipient is responsible for payment of ali 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 c:harges arising from the delinquency, from any payments due Recipient N. Indemnification: Recipient shall defend, indemnify and hold the City, its officers, c�fficials, employees, agents and volunteers harmiess from any and all claims, in�uries, ciamages, losses or suits, including all legal costs and attorney fees, arising out of or in c,onnection 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 �jvo�d any of these covenants of indemnif�cation 7he provisions of this section shall survive the expiration or termination of this Agreement NI. Insurance: Prior to and during the performance of the work covered by this ��greement, 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 c:omprehensive general liability insurance coverage of at least $500,000.00 per occurrence ]n the event Recipient organizes, promotes or sponsors an event involving the sale or c:onsumption 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 c�ccurrence, 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 "fhe Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance VII. General Conditions: �1 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 s�hall be furnished in the time and form requested Such reports and documents shall include list of festivals and special events sponsored by Recip�ent 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 dest�nation, and the estimated number of lodging stays generated per festival or tourism-related event. itecipient shall maintain accounting records ►n accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all b�lled amounts 13. Work Performed at Recipient's Risk. Recipient shall take ali 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 tor any loss of or damage to materials, tools, or other articles used or held for use in connection with the work 13remerton/Bremerton Historic Ships Association Page 2 of 4 C C Place of Work The Recipient shail 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. Severabil�tv. Should any part of this Agreement be found void, the balance of the Agreement shali 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 lst class mail, or by personal service, and sha11 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 Historic Ships Association 300 Washington Beach Avenue � � , Bremerton, WA 98337 H Wa�ver. Fa�lure 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 shall comply with all appiicable Federal, State, and locai 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 Attorneys' 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 Assignment Any assignment of this agreement by the Recipient without the written consent of the City shali 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 Historic Ships Association Page 3 of 4 � 1 :�ubstantially to perform through no fault of the other and does not commence correction �nrithin 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 12ecipient is prov�ding to the City as of the effective date of termination. :K. Termination of Other Contracts. This Agreement shall supersede all prior �agreements between the parties relat�ng to the use of Hotel/Motel Tax. CITY OF BREMERTON E3y• t Lent Title: ayor ��ate �03 — D� —/Y �a s to for 13r ert City Attorney BREMERTON HISTORIC SHIPS ASSOCIATION , ' �C' �LC� By:�S(',1�� ll l"1��CaC��1 Title � Date• J7EebZ0 � t � C�ty Clerk R.\Finance\City Clerk\Admin\Lodging Tax\2012\Historic Ships doc 13remerton/Bremerton Historic Ships Association I�age 4 of 4 Attachment A Statement of Work �.'lf1 !3/T,� The primary service we provide to the city of Bremerton is a unique historical, rich naval heritage, waterfront tourist attraction to the harborside district In addition to bemg a museum, Turner Joy also forms the north breakwater for the Port of Bremerton marina BHSA and Turner Joy collaborate with all naval and local events to celebrate Bremerton's rich naval heritage Funding from the lodging tax grant will be used to promote tourism through - We will promote our gift shop, school tours, on board displays, and overnight programs - Funds will enable us to upgrade and improve rack cards, brochures and flyers For the upcoming year we pledge to print and distribute sufficient quantities of our improved rack cards to expand our marketing to the cruise terminals in Seattle and to promote Turner Joy for - Armed Forces Day, - HarborFest, - 4th of July, - Blackberry Festrval - Halloween event, Haunted Ship - We will use the funds to solicit military reunion groups to select Bremerton as a preferred reunion destination - We will use the funds to work with the Seattle Visitor and Convention Bureau to promote Bremerton and USS Turner Joy as a"must see" destination spot - The funds will help us improve our website to better attract tourists and mtend to cross link other Bremerton attractions and sites with our website