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HomeMy WebLinkAbout5230Contract Number Vendor: Sub�ect Department File Class: Begin Date End Date Review Date Vault Date 5230 KITSAP PENINSULA VISITOR & CONVENTION BUREAU Tourism Promotion Services City Clerk LEG 12-1 1/1/2013 12/31/2013 2015 Comments 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 Reapient 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, 2013 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 Fifteen Thousand Dollars ($15,000 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 shali 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 resuits 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 January 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 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/Kitsap Peninsula Visitor & Convention Bureau Page 1 of 4 As an �ndependent 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, 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 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 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 Ali 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 Peninsula Visitor & Convention Bureau Page 2 of 4 C Place of Work: The Recipient shall perform the work authorized under this Agreement at its offices 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 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 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 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 of Bremerton City Clerk City of Bremerton 345 6 Street, Suite 600 Bremerton, WA 98337 Kitsap Peninsula Visitor & Convention Bureau 9481 Silverdale 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 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 �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 VIIY. 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. Bremerton/Kitsap Peninsula Visitor & Convention Bureau Page 3 of 4 %X. Termination: This Agreement may be terminated by either party for conven�ence upon thirty (30) days wr�tten notice to the other party, or for cause if either party fails substantially to perform through no fauit of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter Upon such termination, C�ty will be ent�tled 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/Motei Tax. CITY OF BREMERTON KITSAP PENINSULA VISTOR & CONVENTION BUREAU � `-_''_ By. P nt By . � Title: M o Title•" Date • -� Date / - � o — � � � Approved as to form Bremerton City Att rney . At City lerk R\Finance\City Clerk�Admin\Lodging Tax\2013\VCB 2013 Lodging Tax Agreement.docx Bremerton/Kitsap Peninsula Visitor & Convention Bureau Page 4 of 4 � e Kitsap � EXHIBIT "A" - City of Bremerton P eninsula ��`� �` s:�� 2013 LODGING TAX ANNUAL CONTRACT -$15,000 °�"�°`�"�°`�"`' STATEMENT OF WORK & DELIVERABLES Visitor a Convention Bureauwww V�s�tKUSap com Basic Regional Marketing Support & Serv�ces for 12-Months (January 1 to Dec. 31) Bdled monthly at a rate of $1250 per month (based on $15,000 annual fee) The KPVCB w�ll prov�de the Gty of eremerton and other Bremerton tour�sm partners w�th the follow�ng reg�onal services • City of Bremerton listed on pull-down menu under'Communities' including unique page with photo, content, and links to main offices and key attractions Updated as needed Includes reciprocal links for City of ' Bremerton, Chamber of Commerce, Downtown Association, support for local lodging businesses Kitsap Conference Center, Gold Mountain Golf Course, uty venues, pubiic parks and services • Advertising Bremerton's events, attractions and activities on KPVCB's popular website that attracts more than 80,000 visits a month with listings in the KPVCB Calendar of Events, Thmgs-To-Do, Golf, Boatmg, More, Transportat�on, afhd on other pages and in other sections on the KPVCB website • Provide marketing support for Bremerton are non-profit groups that did not receive or apply for LT funds but are important to Bremerton's image as an arts and histonc district to attract visitor from Seattle, around the region, USA and internationally • Advertising and promotion of City of Bremerton, tourism partners, hotels and events on the KPVCB Facebook, Twitter, Pinterest, and other social marketing and mobile media/marketing programs • Advertising support for ma�or Bremerton events hosted by local community, city organizations including First Friday Art Walks, Bremerton Farmer's Market, Kitsap Wine Festival, Kitsap HarborFest, Blackberry Festival, and other events identified by Bremerton tourism stakeholders • Advertising/media/public relation services to promote City of Bremerton and partner events in KPVCB eNewsletters distnbuted to 17,000 online subscribers, mentions on social marketing sites and blogs • Advertising the City of Bremerton on the map and in text in the 20,000 copies of the KPVCB Visitor Guide distributed via Certified Folder on WA State Ferries and throughout visitor centers on the Kitsap & Olympic Peninsulas, at trade shows and events, and in visitor and travel writer packets • Inclusion of the name Bremerton on custom maps used in KPVCVB advertisements, brochures, road and recreational maps, and other print and online materials that promote the Kitsap Peninsula region Includes flyers for Brews & Bites, Salmon Run Loop, Culinary Tours, local media Seattle Magazine, NW Outdoor Magazine (print and online), Go-WA, Go-NW and other online marketing services • Distnbution of City of Bremerton and tounsm partner literature and information to event planners, as part of inquiry and relocation packets, and at trade shows including two-day Seattle Wedding, South Sound and Kitsap Wedding Shows, Seattle/Portland Bike Shows, at community events, and to reporters, travel writers, editors and publications • Act as a referral service for the City of Bremerton and tourism stakeholders and provide information about Bremerton lodging, attractions, businesses in response to in person, phone, email and Internet requests • Marketing the City of Bremerton as a destination for corporate retreats, meetings, business and private events including weddings, family vacations, eco- and sports recreation, tournaments, etc • Inclusion of City of Bremerton and other community partner literature, photos, and video materials �n KPVCB online Library and Link pages • Advertising and promotion of City of Bremerton venues and event services in KPVCB online search feature and databases for Meetings, Reunions, Weddings, Retreats, Sports, Boating databases NOTE Eshmated Fa�r Market Value of Serv�ces L�sted Above $35, 000 1- KPVCB LT Application 2013