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HomeMy WebLinkAbout5119 Contract Number. 5119 Vendor KITSAP PENINSULA VISITOR & CONVENTION BUREAU 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 Kitsap Peninsula Visitor & Convention Bureau The City of Bremerton ('�City") and Kitsap Peninsula Visitor & Convention Bureau ("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, 2012 unless terminated earlier pursuant to Section IX of this Agreement III. Compensation: In consideration of the services prov�ded pursuant to this Agreement City shall pay the Recipient an amount not to exceed Twenty-Three Thousand Dollars ($23,000 00) for Tourism Promotion services. However, funding for this Agreement is sub�ect to the actual Hotel/Motel Tax funds received by the City Yf 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 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 Rec�pient Rec�pient 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 ias 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. �s an independent contractor, Rec�pient is responsible for payment of all taxes and licensing tees necessary to perform �ts obligations under this Agreement These taxes and fees include but are not limited to State industrial �nsurance, Business & Occupation, State ��rofessional 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. �/. Indemnification: Recipient shall defend, indemnify and hold the City, its officers, c�fficials, employees, agents and volunteers harmless from any and all ciaims, in�uries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in ��onnection with the performance of this Agreement, except for that portion of the in�uries and damages caused by the City's sole negligence 'fhe City's review or acceptance of any of the work when completed shali not be grounds to ��void any of these covenants of indemnification. rhe 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 ,4greement, 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. [n the event Recipient organizes, promotes or sponsors an event involv�ng the sale or consumption of food or alcoholic beverages, Recipient shall also provide evidence that it has ��btained 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 ��ppropriate additional insured endorsement shall be provided to the City's Risk Manager. rhe Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance 'VII. General Conditions: �q. Reports and Information When requested by the C�ty, Recipient shall furnish periodic �reports and documents on matters covered by this Agreement The reports and documents �hall be furnished in the time and form requested Such reports and documents shali unclude• list of festivals and special events sponsored by Recipient with the amount of irevenue 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 astimated number of lodging stays generated per festival or tourism-related event I�ecipient shall maintain accounting records in accordance with Generally Accepted ,4ccounting Principles (GAAP) to substantiate all billed amounts. �. 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 �erformance of the work hereunder and shall utilize all protection necessary for that �urpose. All work shall be done at Recipient's own risk, and Recipient shall be responsible 1=or any loss of or damage to materials, tools, or other articles used or held for use in r_onnection with the work 13remerton/Kitsap Peninsula Visitor & Convention Bureau I�age 2 of 4 C Place of Work. The Recipient shall perform the work authorized under this Agreement at its off�ces in Port Gamble, 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 Aclreement• 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 regarding this Agreement stiall 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 spec�fied in writing. � City of Bremerton City Clerk � City of Bremerton 345 6 Street, Suite 600 Bremerton, WA 98337 Kitsap Peninsula Visitor & Convention Bureau - 9481 S�Iverdale Way, Suite 281 • � Silverdale, WA 98383 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 fuli force and effect J Compliance with Laws. Recipient shall comply with all applicable Federal, State, and local laws �n 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 resoive 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 shalf be void VIII. Nondiscrimination: Recipient shall not discriminate in employment or services to the pubiic 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 occupat�onal qualification Bremerton/Kitsap Peninsula Visitor & Convention Bureau Page 3 of 4 ](X. Terrnination: This Agreement may be terminated by either party for convenience wpon thirty (30) days written notice to the other party, or for cause if either party fails �,ubstantially to perform through no fault of the other and does not commence correction �vithin five (5) days of written notice and diligently completes the correction thereafter lJpon such termination, City will be entitled to reports showing the status of all services fteupient is providing to the City as of the effective date of termination :�. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. (��ITY OF BREMERTON � f3y Pa Lent Title Mayor [�ate: 03 OS iapprov as to for 1 f3r mert City Attorney KITSAP PENINSULA VISTOR VENTION BUREAU , � By. Title � Date• �.,^is— c��� t. . i i y Clerk It.\Finance\City Clerk\Admin\Lodging Tax\2012\VCB doc 13remerton/Kitsap Peninsula Visitor & Convention Bureau I�age 4 of 4 �6�t 8l T /� The �tsap � �� Peninsula The Naturai S�de of Puget Sound Visftor & Convendo� Bureau www V1sitKitsap com STATEMENT OF WORK 2012 LODGING TAX ANNUAL CONTRACT -$23,000 City of Bremerton Basic Year-Round Pro�ect Deliverables & Services • City of Bremerton listed on pull-down menu under `Communities' mcluding umque page with photo, content, and links to main offices and key attractions. Updated as needed. Includes membership and links for City of Bremerton, Bremerton Chamber of Commerce, and downtown orgarnzations and associations. • On-going listing of Bremerton's events, attractions and actrvities in Calendar of Events, Th�ngs-To-Do, Golf, Boat�ng, More, Transportatron, and other sections on rhe KPVCB webs�te • Inclusion of City of Bremerton and partner events in monthly KPVCB eNewsletters distnbuted to 20,000 onlme subscribers, mentions on social marketing sites and blogs • Inclusion of listing of C�ty of Bremerton on the map and in text in the KPVCB Visitor Gwde distnbuted via Certified Folder on WA State Ferries and throughout visitor centers on the Kitsap & Olympic Peninsulas • Inclusion of the name Bremerton on custom maps used in KPVCVB advertisements, brochures, road and recreational maps, and other prmt and onlme matenals that promote the Kitsap Pernnsula region • Inclusion of Bremerton name on map used on marketing matenals provided to vanous pnnt, onlme, audio and video media (As approved for purchase and product�on) • Distnbution of City of Bremerton and community partner literature and infortnation to event planners, as part of mqwry and relocation packets, at wedding/visitor expos and community events, and submitted to travel writers and publications • Provide general and referral information about the reg�on and Bremerton regarding lodging, attract�ons, businesses via mquiry requests in person, by phone, emad and Internet • Inclus�on of City of Bremerton and commurnty partner literature, photo and video matenals in KPVCB onlme Library and l.ink pages • Listing of Bremerton in Meetmg, Reunions, and Weddings Venue Search databases • Display of 190x200 pixel graph�c on the right side of the Conference, Reunion & Banquets, Wedd►ng, Lodgmg, Boat�ng, and Dm�ng pages for one year (In rotat�on w�th other sponsors) • Distnbution of City of Bremerton and community partner literature at trade shows mcluding Seattle Weddmg Show (Seattle Convention Center -$5K event) South Sound Wedding Show (Kitsap Conference Center) and expos that attract out-of-area visitors and event planners • First notification to participate in local, regional and national co-op advertising, public relations, marketing, sponsorsh�ps, and promotional marketing programs • Spec�ai support for ma�or commumty events such as Harbor Fest, Concerts on the Boardwalk, Movies on the Roof, events at Evergreen Park and at Harborside (Identjfled by stakeholders ) NEw: Monthly planrnng and collaborat�on meeting with City of Bremerton stakeholders to identify local and reg�onal promot�onal and busmess generation opporturnties m advance NEw Consultmg services to help plan, package and market tours and events to profess�onal event and corporate planners, travel writers, ed�tors, and other promoters. Estimated Annual Fair Marketing Value: $35,000 1- KPVCB LT Appl�cation 2012 PLANNED KPVCB ANNUAL MARKETING PROGRAMS Note: All programs with * also inctuded the C�ty of Bremerton. • Visitor Intormation Brochure - Featuring City of Bremerton WA State Ferries Visitor Dlspiays Bainbridge Isiand, Bremerton, Kingston, Vashon, Edmonds fercies, visitor and in Visitor centers in Kitsap and Olympic Peninsula Prov�der/Cos[ Cert�fied Fo/der - Approx�mately $6,000 to $8,000 annually • KPVCB Website, Internet, Social Media and Mobile Services Includes daily updating of content for funders, members and stakeholders including photos, text, tinks, Calendar and event postings, technical maintenance, upgrading as needed to meet technology demands, trackmg, reporting and responding to nearly 300 mqwres monthly Prowder/Cos[ Staff-Multlple Vendors - Approx�mately $25,000 to $35,000 annually • Public Relatio�s/Travel Wr�ters Includes researchmg and produang press articles, providmg background copy, contact and locat�on information, photographs, arrange visits, provide personal tours, and other services as required The KPVCB is en�oying unprecedented success at securing national and worldwide press coverage ln major print and onlme dady newspapers throughout the Umted States, travel publications, and most recently (Samples provided) Prowder/Cos[ Staff-Multlple Vendors - Approx�mate/y $12,000 to $15,000 annually • KPVCB eNewslettar Distnbuted to nearly 16,000 online subscribers and provided as resource to news and calendar editors Includes research, design, writmg, photography, production, print�ng and distribution Provrder/Cos[ S[aff-Mult�ple Vendors - Approx�mate/y $18,000 to $22,000 annually • KPVCB Kitsap Peninsula 8t City/Community Visitor Guide - 50,000 KPVCB produces a simple 4-fold brochure paid for by sponsors/advertisers Distributed via Certified Folder on WA State Ferries and at visitor info centers, trade shows, events, and included in inqwry and visitor packets Provlder/Cost Staff-Multiple Vendors - Approximately $4,500 to $8,000 annually • Go-Washington/Go-Northwest Online Referral Services Both firms provide additional Internet marketing exposure and feature content that includes the City of Bremerton Approximately 300 leads are generated monthly Prov�der/Cost Mult�ple Vendors - Approx�mate/y $2,900 annually • 2011 Seattle Wedding Show/South Sound Wedding Show at the Kitsap Conference Center Marketing and promotional materials, including those for the City of Bremerton are distributed each January to hundreds of brides and wedding planners at the largest wedding show in the northwest Two-day event is held at the Seattle Convention Center KPVCB pays booth and matenals costs, staff, banners, event planner, and coordinates volunteers who provide set-up/tear down services The KPVCB also paid for a listing in the Seattle Weddmg Guide. Prov�der/Cost Staff-Mu/t/p!e Vendors - Approx�mate/y $5,000 annually 2- KPVCB LT Applicat�on 2012