HomeMy WebLinkAbout5259Contract Number• 5259 �
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BREMERTON AREA CHAMBER OF COMMERCE
Tourism Promotion Services
City Clerk
LEG 12-1
1/1/2013
12/31/2013
2015
05-02-'13 13�38 FBOM-Bremerton Chamber 360-479-1033 T-006 P0001/0004 F-048
TOURISM PROMOTION SERVICES AGREEMENT
Bremertun Area Chamber of Commerce
The City of Bremerton ("Gty") and Bremerton Area Chamber ot Commerce
("Recipient"), referred to collectivety as the "Parties," ente� into tihe following Agreement for
Tbur(sm Promotion sQrvices:
I. Scope: The Reapient shall provide tourism promotion services for the City Tourism
promoCion shall mean activities and expe�ditures designed �o increase tourism to the City.
Tourism promotion activlties may include, but are not limited to, advertising, publiciztng, or
otherwise distributing information for the purpose of attract�ng and welcoming tourists to
the City. The Recipient shall provide to the City a work plan attached hereto as Exhibit A
setCing for�h its gaals and objectives for successful tourlsm promotion.
II. Term: This agreement shall commence on tihe date of execution of this Agreement
and shall cont�nue in full force and effect until December 31, �013 unfess 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 Rec�pient an amount not to exceed Eight Dollars ($8,000.00)
for Tourism Promotion services. However, funding for this Agreement is subject tv the
actual Hotel/Motel Tax funds receiv�d by the City. �f Hotel/Motel Tax receipts are
lower than budgeted funding may be detreased.
The Recipienti shall submit by the 15 of the month bdling statements detailing how
activities and services performed by the Recipient during the preceding month have
speciflcalty promoted tourism in the City of Bremerton including m�asurable results. Upon
receipt of a conPorming billing sratement, th� City shall promptly prvicess payment. If a
billing statement does not conform to this Agreement, tihe City may withhold payment until
tihe statement is brought into compliance. Such withholding does not rel�eve the Recipient
of its obi�gations under this Agreement. �ailure by the Organizat�on to submit al1 conforming
billing statemenCs by January 15kh after the �xpiration of th�s agreement will resulti in the
forfeiture of �emaining unbilled compensation.
The Recipient shall not perform work beyond the Scope of Work, nor shall be cornpensated
for such work, unless the Scope of Work or amount of compensation is mod�fied pursuanti to
this Agreement.
iV. Relationship of Parties: The Recipient repr¢sen�s that it is skilled in the matters
addressed in tihe Scope of Work and is performing independent functions and responsib�lfties
withm its feld of expertise. Recipient and its personnel are �ndependent contractors and not
employees of the City. Recipient and its personnef have no authority to bind the City or to
control �he City's employees and other contractors None of the benefits provided by the
City to its employees, inciuding, but not limi�ed to, compe�sation, insurance, and
unemployment insurance are available from the C�ty to the employees, agents,
representatives, or sub-consultants of the Reapient. Recip�ent will be solely and entirely
responsible for its acts and for the acts of Recip�ent's agentis, employees, representatives
and sub-consultants during �he pertormance of this AgreemenC. The C�ty may, during the
term of this Agreement, engage other independent contractvrs ta perform the same or
similar work,
Bremerton/Bremerton Area Chamber of Comrnerce
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05-02-'13 13�38 F�OM-Bremerton Chamber 360-4�9-1033 T-006 P000210004 F-048
As an independent contractor, Recipien� �s'respons�ble for its own management. The City's
administration and �nforcement of this Agreement shall not be deemed an exercise of
managerial control over Recipient or ��s personnel.
As an independent contractor, Recipient is responsible fvr payrnent of all taxes and licensmg
fees necessary to perform its obfigations under th�s Agreernent. These taxes and fees
include but are not limited to State �ndustria! insurance, Business & Occupa�ion, State
professfonal licensing, and City �usiness licensing. If any taxes or fees due the City have
been declared delinquent, the City may withhold the delinquent amoun�, plus any additional
charges ar�s�ng from the delinquency, from any payments due Recip�ent.
V. Indemnification: Recipient shaft defend, indemnify and hoEd the C�ty, its officers,
officiais, employees, agents and volunteers harmtess from any and all claims, injunes,
damages, losses or suits, including all I�gai costs and attorney fees, aris�ng outi of or in
connection with the performance of this Agreement, except for that portion of the inluries
and damages caused by the City`s sole negligence.
The C�ty's rev�ew or acceptance of any of �he work when completed shall not be grounds Co
avoid any of these covenants of indemnification
The provisions of �his section shall sunrive the expiration or t�rmina�ion of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this
Agreement, Rec�p�ent shall provide the Risk Manager for the City with evidence that i� has
obtained and ma�ntains in full force and effecti during the term of this Agreement
comprehensive general liabflity insurance coverage of at least $500,000.00 per occurrence.
In the event Recipient organizes, promvtes or sponsors an event involving the sale or
consumption of food or �lcoholic beverages, Recipient shall also prov�de evidence that it has
vbtained products liab�lity and liquor liability insurance of at least $500,000.00 per
occurrence, for each event The City shall be named as additional �nsured and a copy of ri�e
appropriate additiona! insured endorsement shall be provided �o the City's Risk Manager.
The Risk Manager shal! be provided thirty (30) days written nvtice oF any cancellation of
said insurance.
V��. General Conditions:
�� I�eoorts and Information: When requested by the City, Recipien� shall furnish periodic
reports and dacuments on matters eover�d 6y this Agreement. The reports and docurnents
shall be furnished �n the t�me and form requested. Such reports and documents shall
include: list of fes��vals and spectal events sponsored by Recip�ent with the amount of
revenue expended on each Pestival, speciai event or tourism-related facility; the estimated
num6er of tourists and/or persons �raveling over f�fty miles to the destination, and the
estEmated number of lodging stays generated per festival or tourism-related event.
Rec�p�ent shall maintain accounting records in accardance with Generally Acceptied
Account�ng Princ�ples (GAAP) to substantiate all biiled amounts.
B. Wor_k PPrformed at Reciuient's R�Sk• Recipient shalt take all precautions necessary and
shall be responsibte for the safety of (ts employees, agents, and sub-consuttants �n the
per�ormance of the work hereunder and shall utilize all protection necessary for that
purpose. All work shall 6e done at Rec�pient's own risk, and Recipient shall be respons�ble
for any loss oP or damage to materials, tools, ar other articles used or heid for use in
connection w�th the work.
8remerton/�remerton Area Chamber of Commerce
Page2of4
05-02-'13 13 38 FAOM-Bremerton Chamber 360-479-1033 T-006 P0003/0004 F-048
C. Plac� of W_�rk: The Recipient shall pe�form the work authorized under this Agreement at
its offices in Bremer�on, Washington. Any necessary meetings with the City staff shall take
place at the C�ty's offices, or at locations mutually agreed upon by the par�ies.
D. Ent�re Agr�em.�r_L This Agreement and its Exhibits constitutes the ent�re agreement
between the Parties, and the Partiss acknowledge that there are no other agreements,
written or oral, that have not been set farth in the text of this Agreementi.
E. Severabilitv: Should any part af thls Agreement be found void, the baEance of the
Agreement shall remain in full force and effect.
F. Modificat�on: This Agreement may only be mod��ied by writ�en instrument signed by both
ParCies.
G. Written Notic�s: All wmmunications regardmg this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service,
and shatl be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such vther address as may be hereafter specified in writing.
Cit� of Bremerton
C�ty Clerk
345 6 Street, Suite 600
�remerton, WA 98337
Bremerton Area Chamber of
Commerte
286 4 Street
Bremerton, WA 98337
H Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver
of that prov�sion Waiver of any ��ght or power arising out of this Agreement shall not be
deemed waiver of any other right or power,
I Non�Wafver of Br_ ach• The failure of the City to insist upon strict perfnrmance of any of
�he covenants and agre�ments contained herein, or to exercise any option herein canferred
�n one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreemenrs or options, and the same shail be and remafn in full force and effect
7. Compliance with Laws: Recipient shall comply w�th all applicable Federal, State, and local
laws in performing its obiigations under thES Agreem�nt
K Choice of Law and Venue: This Agreement shall be interpreted according ro the laws of
the State of Washington. Any jud�cial action to resolve disputes arising out of th�s
Agreement shall be brought in Kitsap County Superior Court.
L Attornevs' Fees In the event of litigation to enforce any of the terms or provisions
here�n, each party shall pay all its own costs and attorney's fees.
M. Assiqnment� Any assignment of this agreement by the Rec�p�ent without the written
consent of the City shall be void.
V�ii. Nondiscrimination: Recipient shall not discr�minate in employment or services to
the public on the basis of race, color, natifonal origin, sex, relig�on, age, marital status,
sexual orientation or dtsability, except for employment actions based on bona fide
occupatEonal qualiFication.
Bremerton/Bremerton Area Chamber of Commerce
Page 3 of 4
05-02-'13 13 39 FBOM-Bremerton Chamber 360-479-1033 T-006 P000410004 F-048
iX. Termination: This Agreement rnay be terminated by either par�y for convenience
upon thirty (30) days written natice to the other party, or for cause if either party faP(s
substiantially to perform through �v fault of the other and does noti commence correction
within five (5) days of written notice and diligently completes the correction thereafter.
Upon such terminarion, City will be entitled to reports showing the status of all s�rvices
Recipient is provrding to the City as of the effective da�e of termination.
X. Tern'ireation of Other Contracts. This Agre�ment shall supersede all prior
AgreemenCs between the parties rel8tirlg to the use vf Hotel/Motel Tax.
CITY OF BREMERTON
By P Lent
Ti�le: r
Date: -�
BREMERTON AREA CHAMBER OF
COMM�RC�
� �l �
By: /yt � c i� �r-�z r� ���
Title• P� �• � / c C�a
Date: S�� _/. z.a r 3
ApproV d as to form:
Breme on ity Attorney
�
st:
,
City Clerk
R:\Finance\City Clerk�Adm�n\Lodging Tax\2012\Chamber.doc
Bremerton/Bremer�on Area Chamber of Commerce
Page 4 of 4
EXN- t3 ��" �►
, D
C
June 25, 2013
Shannon Corm
City Clerk
Crty of Bremerton
345 Sixth Street
Bremerton, WA 98337
Shannon,
aBREMERTON
' chamber of commerce
a
In accordance wrth the request for Scope of Work to be provided under the hoteUmotel fund contract that the
Chamber has with the City m the amount of $8000, tourism expenditures in 2013 will be as follows
Function
Bremerton Mobile App
Chamber Website
Staffing for Visitor Information Center
Mon-Friday l0am-4pm
Rent/utilities/Phone
Postage/Copies/Supplies for visitor packets
Total
Amount
$4,200
$2,736
$22,000
$10,667
525
40,128
Please include as "Exhibtt A" of the Lodgtng Tax Contract (see attached page for add�t�onal details)
Please Contact me at 479-3579 or mike@bremertonchamber org if you need add�t�onal mformatton or have questtons
Thank you,
�G
Michael Strube
PresidendCEO
286 4th Street
Bremerton, WA, 98337 USA
(360) 479-3579 office
(360)479-1033 fax
www bremertonchamber org
Bremerton Mobile Aaa
Fundmg supports the annual mamtenance fees of the Bremerton mobile app Th�s umque app directs tourists to the hotels, attractions,
and services in the Bremerton Area
Bremerton Chamber website
Funding helps support the mamtenance fees for the Chamber webpage This destmation website allows us trackable reports to view
how many web htts go to each l�stmg of Chamber member, mcluding the hotel pages The Chamber has strong search engme opt�miza-
tton, and the stte receives hundreds of thousands of un�que htts annually
Unfitnded tourtsm expenses for 2013
Visitor center StaffinS
The Chamber v�sitor center assists visitors Monday— Friday from I Oam— 4pm It is closed on weekends, holidays, and for occasional
Chamber events
Staff is tramed to welcome guests, answer questions about the commumty, and recommend places to visit and stay overnight They
asstst visitors and people considermg visitmg our area via phone, mail, and email Staff also creates, assembles, and mails v►s�tor infor-
mation packets, works with travel wrrters, distrtbutes v�sitor mformarion to Chamber Members and other visrtor �nformarion centers
around Washington state, and ass�sts school children from outside the area who write reports about Bremerton Staff also assists naval
personnel and others who are relocatmg to the area, and works with employers who are recruitmg employees by providmg mformation
about the commumty
Rent/tJtilities
The Chamber office has a sigraficant amount of space set as�de for visitor assistance This mcludes areas to d�splay and store mfor-
mation, a seatmg area for visitors, as well as space for 2 computers and telephones
Postase/Coaies/ Suualies
The Chamber prints and cop�es matertals as appropriate, and mails v�sitor mformat�on packets as requested and g�ves them to tourists
who visit the Chamber offices
Goal and obiectives
The goals and ob�ectives of fundmg are to provide vtsitors and potential visitors to our community w�th one-on-one assistance, and to
mform them of other opportumties to spend additional time m Bremerton We directly refer callers to local hotels, and encourage them
to shop locally, takmg advantage of our restaurants, museums, and services while they stay m our hotels