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HomeMy WebLinkAbout5122 Contract Number 5122 Vendor: BREMERTON AREA CHAMBER OF COMMERCE 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 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 �ts goals and ob�ectives for successful tourism promotion EI. 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 Twenty Thousand Dollars ($20,000.00) 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 bill�ng 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 promptiy 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 January 15th after the expiration of this agreement will result in the forfeiture of remaining unbilled compensation The Recipient shali 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 th�s Agreement EV. 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 �ts field of expertise Recipient and its personnel are independent contractors and not employees of the City Recipient and its personnei 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, inciuding, but not limited to, compensation, ►nsurance, 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 Reapient 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 additionai 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 indemni�cation 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 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 canceilation of said insurance VIE. 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 Recipient's R�sk• Recipient shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consuitants 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 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 Aqreement 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 shall be sent to the parties at the addresses listed below by registered or ist class mail, or by personal service, and shall be deemed suff�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. City of Bremerton City Clerk 345 6 Street, Suite 600 Bremerton, WA 98337 Bremerton Area Chamber of Commerce 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 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 shali 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 ali applicable Federal, State, and local laws in performing its obl�gations 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 shall be void VIII. Nondiscrimination: Recipient shall not discriminate in employment or services to the public on the basis of race, color, nationai or�gin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification ' 6 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 � within five (S) days of written not�ce and diligently completes the Upon such termination, City will be entitied to reports showing the Reapient is providing to the City as of the effective date of termination commence correction correction thereafter. status of all services X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motei Tax CITY OF BREMERTON � � By. P Lent Titie or Date � � — /T� as t� ,�orm % rem on City Attorney BREMERTON AREA CHAMBER OF COMMERCE % / /,c �6kS� � � By. lY�•taA� S'r/�-u�C� Title• EIc�� -ri ✓� ��z�rr� Date Z� z r- � Z At . City Clerk R•\Finance\City Clerk\Adm�n\Lodging Tax\2012\Chamber.doc Bremerton/Bremerton Area Chamber of Commerce Page 4 of 4 �Xl�i��T A � � Bremerton Area Chamber of Commerce Helping businesses achieve success since 1907 Bremerton Area Chamber of Commerce 286 Fourth Str�et Bremerton WA 98337 Phone (360) 479-3579 Fax (360) 479-1033 www B�eme�tonChamber org March 5, 2012 Shannon L Corin City Clerk City of Bremerton 345 S�th Street Bremerton WA 98337 Dear Carol, In accordance with the request for the Scope of Work to be provided under the vlsitor mformatton contract for $20,000 that the Chamber has with the Czty, we ant�cipate tounsm e�enditures in 2012 as follows Function Staffing for Visitor Informanon Center Monday through Fnday, 10 00 a m to 4 00 p m Rent/util.tttes/phone Postage/copies/ supphes Total Note defznrtronr of eacb category are on the attached page Please mcluded as "Exlubit A" of the Lodguig Tax Contract Amount $22,000 $10,666 $469 00 $33,135 Please contact me at 479-3579 or chamber@bxemertonchamber org if you need addittonal informanon or have any quesrions Smcerely, /`L��'�-+G� Frank Gentile, IOM Opexarions Managex Staffin� Funchng pays the wages, taxes and related costs of Chamber employees who assist visitors Monday through Fnday 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 quest�ons about the commurury and recommend places to visit 'I'hey assist visitors and people considering visittng our area via phone, mail and email Staff also creates, assembles and ma�ls visitor informatton packets, works with travel writers, dist�butes visitor informatton to chambex members, other visitor informat�on centers across Washtngton Sta.te and local orgaruzanons and assists school children from outside the area who are wnttng reports on Bremerton and Kttsap County Staff works with naval personnel and others who are relocaring to the area and with employers who are recnuting employees by provic�ng informatton about our commuruty Rent/Utilities Fundtng supports the port�on of the Chamber office that is specifically set aside for visitor assistance 'This includes areas to display and store infortnatton, a seating area for visitoxs as well as space for two telephones and two computers In addtnon, funding is used for long distance phone calls/faxes to people who need mformatton and other visitor informat�on centers Advertisin� Placement of posters v�nth downloadable QR-codes for the Android and iPhone/iPad w�ll be placed around Bxemerton and the Bremerton/Seattle Ferry runs Postage /Conies /Su�plies 'I'he Chamber will print and copy matenals as appropriate (school district informat�on, helpful websites, events calendars, lustory tuneluies) and mail vlsitor informanon packets as requested and give to tout7sts who visit our office Goals and Ob�ect�ves The goals and ob�ecttves of funduig are to provide visitors to our communtry with one-on-one assistance and to inforxn them of other opportuntnes to spend addinonal time in Bremerton We will also work with people who are considering a visit to our communtty and encourage them to visit attracnons, events, hotels, xestaurants and other busmesses