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HomeMy WebLinkAbout5259Contract Number• 5259 � Vendor Sub�ect. Department File Class Begin Date End Date Review Date. Vault Date. Comments 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 Page 1 oF 4 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