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HomeMy WebLinkAbout5240, Contract Number Vendor• Sub�ect: Department File Class. Begin Date• End Date Review Date• Vault Date 5240 BREMERTON HISTORIC SHIPS ASSOCIATION Tourism Promotion Services City Clerk LEG 12-1 1/1/2013 12/31/2013 2015 Comments TOURISM PROMOTION SERVICES AGREEMENT Brernerton Historic Ships Association The City of Bremerton ("City") and Bremerton Historic Ships Association ("Recipient"), referred to colfectively as the "Parties," enter into the following Agreement for Tourism Promotion services: Y. Scope: The Recipient shall provide tourism promotion services for the City. Tourism promotion shall mean activitles 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 Reclpient 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 measurabie results. Upon receipt of a conforming biliing statement, the City shall promptly process payment. If a biiling 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 Orgarnzation 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 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, including, 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. Reapient will be solely and entirely responsible for its acts and for the acts of Recipient's agents, employees, representatives and sub-tonsultants during the performance of this Agreement. The C�ty may, during the term of this Agreement, engage other independent contractors to perform the same or similar wo�k. Bremerton/Bremerton Historic Ships Associat�on Page 1 of 4 As an independent contractor, Recipient is responsible for its own management The City's adm�nistration and enforcement of this Agreement shall not be deemed an exercise of managerial controi 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. Indemnificatian: 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 in�uries 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 �t 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, Rec�pient shall also provide evidence that it has obtained products liability and liquor liabil�ty 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 tour�sm-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 account�ng records in accordance w�th 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/Bremerton Historic Ships Association 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 mutuaily agreed upon by the parties. D Ent�re 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 vo�d, 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 personaf 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 Address City Clerk 345 6 Street, Suite 600 Bremerton, WA 98337 Bremerton Historic Ships Association 300 Washington 8each Avenue 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 ►n one or more instances shall not be construed to be a waiver or rel�nquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. J. Comnliance with Laws. Recipient shall comply w�th 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 parfy 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, natfonal origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupationai qualification. IX. Termination: This Agreement may be term�nated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails Bremerton/Bremerton Historlc Ships Association Page 3 of 4 substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligentiy completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Recipient is providing to the C�ty 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: F Trtie: � Date �. Approved as to form • Brem rton City Attorney BREMERTON HISTORIC SHIPS ASSOCIATION ,� �.,-.�.' c� By: �� Title• �� ,� Date: ,� ) � t• - City Clerk R\Finance\City Clerk\Admin\Lodging Tax\2013\Historic Ships 2013 Lodging Tax Agreement docx Bremerton/Bremerton Historic Ships Association Page 4 of 4 BREMEBTOH The City of Bremerton Lodgi�g Tax Agreement Exhibat A MEMORIAL U.S.S, TURNEB d0Y Work Plan for promoting tour�sm m Bremerton by the Bremerton Historic Ships Assoc�ation (BHSA)• 1 Rack Cards The BHSA has recently updated and improved its two- page, full color rack card This brochure is distr�buted by Certified to over 830 locations statewide to places where tourists are likely to be lookmg for mformation on thmgs to do and places to see Th�s brochure not only emphasizes the USS Turner Joy but other boardwalk activities as well Our rack card is also available through Certified's websrte, www.visrtortros com This gives us worldwide exposure BREMERTON HISTORIC SHIPS ASSOCIATION 300 W�hmgton Beach Ave. Bremermn, WA 98337 Phane (360)792-2457 Fax (360) 311-1010 e-mad dd951�smciair.rret 2 Seattle Waterfront The BHSA is spearheading an effort to encourage tour�sts who are already m Seattle to get on the Seattle- Bremerton ferry We encourage them to take a cruise to Bremerton, see the USS Turner Joy, Bremerton Naval Museum and other attractions As a result of this effort, the BHSA has �omed the Seattle VCB (www visrtseattle org,) and are actively mvolved m marketmg Bremerton as an easy affordable day trip from Seattle 3 InternedWebs�te Lmks The BHSA Marketmg Committee has taken the lead on not only updating the BHSA website to make �t easier for trip planners to find us, but equally important bu�ldmg lmks to other tounst related attractions so that potential customers can see that Bremerton offers a package of mterestmg and affordable attractions 4 Shtp Reunion Groups The BHSA Marketmg Committee is formulatmg a consortium of local hotel and tounst attraction partners to collectively market the Bremerton Area as a destmat�on for shtp, and other, reuruon groups Since most reumons are planned and coordmated by professional reunion coordinators it is important to get our commumty product �n front of these planners This effort will take considerable time, money, and effort but we expect �t will have a big pay back m terms of hotel's beds filled and more visrtors to the Bremerton boardwalk We plan to put together a Group Tour and Reumon Planners Guide whtch can be promoted to reumon coordmators as well as specific ships. Page 1 of 2 5 Other Local Programs The BHSA has been fostermg mcreased local visitor flows through a variety of programs, focused on the Krtsap County region This mcludes the overnight program where vanous youth orgamzations come aboard the sh�p and spend the night. This expenence includes a meal and a movie, as well as teachmg them a little history Memorial services for veterans groups are also offered Another big draw is the Annual Haunted Ship event which brmgs thousands of local people for a memorable Halloween expenence - many of whom come back to see the ship under less scary condit�ons Page 2 of 2