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HomeMy WebLinkAbout5124 Contract Number 5124 Vendor: KITSAP CO HISTORICAL SOCIETY & MUSEUM 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 Co Historical Society Museum The C�ty of Bremerton ("City") and Kitsap Co Historical Society Museum ("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 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 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 C�ty 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 exp�ration 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 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 pertorm the same or similar work Bremerton/Kitsap Co Historical Society Museum 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, officiais, 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 shail 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 C�ty 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 cancellation of said insurance VII. General Conditions: A Reports and Information• When requested by the City, Recipient shali 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 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/Kitsap Co Historical Society Museum Page 2 of 4 %X. 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 will 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 � By a t Lent Title• or �ate. 3' 7— Z KITSAP CO HISTORICAL SOCIETY & MU$EUM � g , Title• Date. Appr o form I Bre rton Ci y Attorney � � � At � City Cierk R•\Finance\City Clerk\Admin\Lodging Tax\2012\Museum doc Bremerton/Kitsap Co Historical Society Museum Page 4 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 C�ty staff shali 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 th�s Agreement be found void, the balance of the Agreement shall remain in fuli force and effect. F. Modification This Agreement may only be modified by written instrument signed by both Parties ; ,F G Written Notices All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently g�ven 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 Kitsap Co Historical Society & Museum 280 Fourth Street Bremerton, WA 98337 H. Wa�ver: 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 shail 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 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 �udiciai 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. VYII. Nondiscrimination: Rec�pient 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 Bremerton/Kitsap Co Historical Society Museum Page 3 of 4 Tourism Promotion Services Agreement Kitsap County Historical Society & Museum Work Plan 2012 Exhibrt A The Krtsap County Histoncal Society Museum will perform the followuig tasks duruig the calendar year 2012 � New Exhibits Open two new ma�or exhibits, one ul February and one m the Fall Each exhibrt will have regional and state-wide appeal and will be promoted through publicrty and advert�suig, includuig multiple mailings, posters, flyers, Internet, and advert�sements in local and regional publications and media Smaller, temporary exhibrts will be opened ui the Museum's Kippola Library exhibrt space throughout the year • Museum Tours Continue to offer special tours for local groups, schools, and group tours m con�unction wrth any conventions being held m Bremerton • Downtown Museum Promotion Engage u1 ongoulg promotion of a Downtown Bremerton Museum. Promotional tools to uiclude Marula boater bags, monthly email notice of events mcludmg events at the other downtown museums, and mformation brochure rack m the Museum lobby • First Fridav Events: The Museum will remaui open for Bremerton's F�rst Friday Art Walk throughout the year Special programs will be featured whenever possible and will be advertised through flyers, posters, and a variety of Internet resources includmg Facebook, the Krtsap County Histoncal Society webpage, and d�rect email • Downtown Bremerton Festivals and Street Fairs: Participate in all Downtown events sponsored by the Downtown Bremerton Association Participation to uiclude bemg open to the public duruig festival days, promoting the event through Internet resources, and d�rect participation through plannmg, programmmg, booths, and sponsorship • Partnershins: Whenever possible, the Museum will seek partnermg opportunrties wrth local businesses and other local tounsm facilrties and tourism promotion agencies, uicluduig the Kitsap Pemnsula Visitor and Convention Bureau, the Bremerton Area Chamber of Commerce, and others Below �s the proposed 2012 schedule for the Krtsap County Histoncal Society and Museum Museum: Open Tues-Sat days a week, 10 AM - 4 PM, May - Sept also Sundays, noon - 4 PM First Fridav Free Public Events Feb 3- Opemng Arts c4c Crafts an Katsap Mar 2-- G�rl Scouts of America Apr 6 - Holly History June 1 - Sports July 6 - Sports Aug 3 - Sports Sept 7 - Polrtics Oct 5 Boozmg Kitsap - public opemng Festivals (KC�IS boothl Milrtary Appreciation Day Mar 31, Fa�rgrounds HarborFest, May 26, 27, 28 Bremerton Silverdale Whalulg Days July 27-29 Olalla Bluegrass Festival, Aug 18 Peterson Farm Day, Sept, Silverdale Forest Festrval- Sept 23, Port Gamble Events Fat Tuesday Clearwater Casmo, Feb 17-21 Magic Lantern Show, Jan 20/Reschedule Mar 3 Antique Show, Apri121, 22 Capt Ivanowitz, History of Keyport, May 16 Armed Forces Day Parade May 19 Scott Wetzel Book Launch, June 10 Tall Ships, August 24, 25 Pole Barn County Fa�r, Aug 22-26 Herrtage Farrulies, Sept 21, Kiana Lodge Annual Meeting/Hohday Party Mill Town Family Christmas, December 9 Exhibits Arts & Crafts zn Katsap, Feb - Sept Bremerton Aarport, Jan-Feb Kztsap's Girl Scouts of USA, March-May Katsap's Sports, June - August Polatacs 2012 Sept - Oct Boozang Kitsap Oct - Feb 2013 Eat Your Wav Throu�h Kitsau Historv travelmg history series Holly School and Willcox House May 17 Gregory Way Walkmg Tour, June 16 Burley `The Utopia Society", July 19 Breweries and Road Houses, Aug 11 Grahn House m Gilberton, Sept 13 Country Club of Seattle on BI, Oct 6 Suquamish Fish hatchery and House of Awakened Culture, Nov 8