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KEC dba KITSAP HARBOR FESTIVAL
Tourism Promotion Services Agreement
City Clerk
LEG 12-1
1/1/2014
12/31/2014
2015
TOURISM PROMOTION SERVICES AGItEEMENT
Kitsap Harbor Festival
The City of Bremerton ("City") and Kitsap Harbor Fest�val ("Orgamzation'�, referred to
collect�vely as the "Parhes," enter mto the followuig Agreement for Tounsm Promohon services
I. Scope: The Orgamzahon shall provide tounsm promohon services for the Crty Tounsm
promonon shall mean actrvittes and expendrtures designed to mcrease tounsm to the Crty
Tounsm promotaon acrivit�es may mclude, but are not luiuted to, adverhsmg, pubhcizmg, or
otherwise distnbuhng uiformabon for the purpose of attractuig and welcomuig tounsts to the
City. The Organ�zation sha11 provide to the Crty a work plan attached hereto as Exhibit A sethng
forth rts goals and ob}echves for successful tourism promohon.
II. Term: This agreement shall commence on the date of execunon of tlus Agreement and
shall contuiue in full force and effect unt�l December 31, 2014 unless ternunated earlier pwsuant
to Sect�on IX of tlus Agreemen�
III. Compensation: In cons�derat�on of the services provided pursuant to th�s Agreement
Crty shall pay the Orgamzahon an amount not to exceed Four Thousand Five Hundred
($4,500.00) for Tounsm Promorion sernces. However, fundmg for tlus Agreement is sub�ect to
the actual HoteVMotel Tax funds recerved by the City. If HoteUMotel Tax receipts are lower
than budgeted funduig may be decreased "� --
The Orgamzat�on shall subrtut montlily billmg invoices, by the 15�' of the month,
detaslmg how achvihes and services performed by the Orgamzahon during the preceding month
have specifically promoted tounsm m the City of Bremerton mcluding measurable results. Upon
receipt of a conforming b�lling mvoice, the City shall promptly process payment �If a billmg
mvoice does not conform to this Agreement, the Crty may wrthhold payment unhl the mvoice is
bmught mto compliance. Such w»thholdmg does not relieve the Orgamzahon of rts obhgataons
under tlus Agreement Failure by the Orgawzahon to submit all confornung billing invoices by
7anuary 15`� after the expu�ation of this Agreement may result m the forferture of remauvng
unbilled compensahon.
The Orgamzahon 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 ttus Agreemen�
IV. Relations6ip of Parties: The Organizat�on represents that it is skilled m the matters
addressed m the Scope of Work and is performmg mdependent funchons and responsib�ht�es
wrthm its field of experhse. The Orgamzahon and its personnel aze mdependent contractors and
not employees of the Crty The Orgaiuzahon and rts personnel have no authonty to bmd the Crty
or to control the City's employees and other contractors None of the benefits provided by the
City to rts employees, mcluding, but not l�uted to, compensahon, u►surance, and unemployment
insurance are available from the City to the employees, agents, representataves, or sub-
consultants of the Organizahon. Organizanon vinll be solely and enhrely responsible for �ts acts
Bremerton/Kitsap Harbor Feshval
Page 1 of 4
and for the acts of the Orgamzahon's agents, employees, representahves and sub-consultants
dunng the performance of th�s Agreement The City may, dunng the term of this Agreement,
engage other independent contractors to perform the same or sunilar work.
As an mdependent contractor, the Organ�zahon is responsible for its own management.
The C�ty's admm�strahon and enforcement of this Agreement shall not be deemed an exercise of
managenal control over Orgamzation or �ts personnel.
As an mdependent contractor, Orgaiuzahon is responsible for payrnent of all taxes and
hcensmg fees necessary to perform its obligahons under ttus Agreement. These taxes and fees
mclude but are not luYUted to State mdustnal insurance, Busmess & Occupation, State
professional l�censmg, and City business hcensmg. If any taxes or fees due the City have been
declared delmquent, the Crty may withhold the delmquent amount, plus any addinonal charges
arismg from the delinquency, from any payments due Orgazuzat�on.
V. Indemnification: Orgamzarion shall defend, indemiufy and hold the Crty, its officers,
officials, employees, agents and volunteers harmless from any and all claims, m�unes, damages,
losses or swts, mcludmg all legal costs and attomey fees, ansing out of or in connecrion with the
performance of tlus Agreement, except for that porhon of the m�unes and damages caused by the
City's sole neghgence
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of mdemnificahon
The provisions of tius section shall survive the expuahon or termmat�on of ttus
Agreement.
VI. Insnrance: Pnor to and durmg the performance of the work covered by this Agreement,
Orgamzation shall prov�de the Risk Manager for the C�ty wrth evidence that rt has obtamed and
maintains in fuil force and effect durmg the term of this Agreement comprehensive general
liabihty msurance coverage of at least $500,000.00 per occurrence. In the event Orgamzabon
organ�zes, promotes or sponsors an event involving the sale or consumpt�on of food or alcohohc
beverages, Orgazuzarion shall also provide evidence that it has obtamed products liabihty and
liquor liability insurance of at least $500,000 00 per occurrence, for each event The City shall
be named as additional msured and rt shall be an affirmative obhgahon upott Orgamzahon to
advise the City's Risk Manager by fax at (360) 473-5161, or by cerhfied mail, retum receipt
requested to City of Bremerton, attn Risk Management, 345 6 Street, Swte 600, Bremerton,
WA 98337 wittun two days of the cancellahon, suspension or substanhve change of any
msurance pol�cy set out herem, and failwe to do so shall be construed to be a breach of this
Agreement
The Orgamzation's msurance shall be pnmary and non-contnbutory u�,surance as respects
the City and shall contam a waiver of subrogahon agamst the City for claims ansing out of any
operahons, habihhes and obhgahons to wtuch coverage apphes
Bremerton/ICitsap Harbor Feshval
Page 2 of 4
VII. General Conditions:
A Reports and Informahon. When requested by the Crty, Orgamzahoa shall furnish penodic
reports and documents on matters covered by tlus Agreement The reports and documents shall
be furnished in the tune and form requested Organ�zarion shall maintam accounhng records in
accordance with Generally Accepted Accounhng Fnnciples (GAAP) to substanhate all billed
amounts
B Work Performed at OrgaYUZat�on's Risk• Orgazuzabon shall take all pre�auhons necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants m the
performance of the work hereunder and shall uhlize all protechon necessary for that purpose
AIl work shall be done at Orgazuzat�on's own nsk, and Orgamzahon shall be responsible for any
loss of or damage to matenals, tools, or other articles used or held for use m connechon wrth the
work.
C. Place of Work. The Orgamzat�on shall perform the work authonzed under this Agreement at
its offices m Bremerton, Washmgton Any necessary meet�ngs with the Crty staff shall take
place at the City's offices, or at locahons mutually agreed upon by the parhes.
D. Ent�re Agreement This Agreement and its Exhibits constatutes the enhre agreement between
the Parhes, and the Parhes acknowledge that there are no other agreements, wntten or oral, that
have not been set forth m the text of ttus Agreement
E. Severab�lrt� Should any part of this Agteement be found void, the balance of the Agreement
shall remam m full force and effect
F. Modificahon This Agreement may only be modzfied by wntten u�stcvment signed by both
Part�es
G. Wntten Nonces: All commurucahons regardu�g tlus Agreement shall be sent to the parnes
at the addresses hsted below by registered or 1 st class mail, or by personal service, and shall be
deemed suf�ciently given if sent to the addressee at the address stated in tlus Agreement or such
other address as may be hereafter specified m wntYng
C�ty Addr�s Organ�zaHon Address
City Clerk Holly James
345 6�` Street, Swte 600 245 4th Street, Swte 202
Bremerton, WA 9833? Bremerton, WA 98337
H. Waiver• Failure to enforce any provision of this Agreement shall not be deemed a waiver of
that provision. Waiver of any nght or power ansing out of this Ageement shall not be deemed
warver of any other nght or power.
I Non-Waiver of Breach The faslure of the City to msist upon stnct performance of any of the
covenants and agreements contained herem, or to exercise any option herein conferred m one or
Bremerton/Krtsap Hazbor Feshval
Page 3 of 4
more uistances shall not be construed to be a waiver or rehnquishment of sard covenants,
ageements or opnons, and the same shall be and remam m full force and effect
J. Comphance with Laws Orgamzat�on shall comply with all apphcable Federal, State, and
local laws m performmg its obhgahons under tlus Agreement
K. Choice of Law and Venue This Agreement shall be mterpreted accordmg to the laws of the
State of Waslungton Any �udicial achon to resolve disputes ansing out of tlus Agreement shall
be brought m Kitsap County Supenor Court. �
L. Attomeys' Fees In the event of hhgahon to enfarce any of the terms or provisions hereui,
each party shall pay all its own costs and attorney's fees
M. Assi ent Any assignment of tlus agreement by the Orgaruzahon without the written
consent of the City shall be void
VIII. Nondfscrimination: Orgamzahon shall not d�scnmmate in employment or services to the
public on the basis of race, color, nahonal ongm, se�c, religion, age, mantal status, sexual
onentarion or disabihty, except for employment act�ons based on bona fide occupahonal
quahfication
IX. Termination: This Agreement may be termmated by either party for conveYUence upon
thu�ty (30) days`wntten notice to the other party, or for cause if either parly fails substantially to
perform through no fault of the other and does not commence conechon vintl�un five (5) days of
wntten not�ce and diligently completes the correct�on thereafter. Upon such teimination, City
will be enhtled to reports showmg the status of atl services Organtzahon is providing to the Crty
as of the effechve date of ternunation
X, Termination of Other Contracts. T'his Agreement shall supersede all pnor Agreements
between the parties relatuig to the use of HoteUMotel Tax
CITY OF BREMERTON
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By Lent
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Date Z '� ZQ — / 9-
KITSAP HARBOR FESTNAL
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Approved as to form.
Bremerton City Attorney
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City Clerk
Bremerton/Kitsap Harbor Feshval
Page 4 of 4
The pnmary goal of the Krtsap Harbor Festival is to promote tounsm m Bremerton and in Kitsap
County We believe out event will stimulate the local economy by inviting people into our
commuruty to en�oy a festival far the Memonal Day weekend with hopes that they will return to
visrt after they see all of the wonderful tlungs we have to offer in our area
The Krtsap Harbor Festival will draw visitors from a vanety of areas wrthin the Puget Sound
Region promotmg activrties designed to encourage tourism
WORK PLAN SCHEDULE
A The KHF committee will meet weekly beginrung October of 2013 up through the
event date
a October 2013, KHF, Holly James will secure pro�ect coordmation team
b KHF committee will identify irulestones and set dates for each milestone to be
accomplished
c Early on we will be sending out sponsorslup letters to local busmesses asking
for their participation m the event
d All KHF participants will sign a participation form lettmg us know the detail
regarding the scope of their event and attend monthly committee meetings to
give reports
e Dec-Jan-Feb up to the event, update KHF website
(www kitsaLharborfestival or�)
f Set up media and pnnt advertismg
B The KHF committee will coordinate with local agencies to promote, market, and
advertise the event
C January up to May 15, 2014, we will secure vendors, bands, entertamment, tall sYups,
and other activrties to grow the festival
D January up to May 24, 2014, we will be strongly marketmg the event As the event is
still young, we are primarily targeting Western Washington residents and the friends and
families of the Navy Here are examples of our marketing outreach
a Newly designed dedicated Kitsap Harbor Festival website
www kitsapharborfestival or�
b KHF radio spot on PLU
c Newspapers like the Seattle Times -
http //seattletimes com/html/entertainment/2021037352 hi�hli�ht24xml htm!
Tacoma News Tribune —
d Readboards - Mentor S�gns on Warren Ave Bridge, Cooper Oil, Alternative
Automotive, Hampton Inn, Fairfield Hotel, and the Oyster Bay Inn
e KHF posters
f Event % flyers passed out to all Albertsons and Littie Caesar's (See attached)
g
h
J
k
Two 30' by 32' Street Banners for Bremerton and Port Orchard
Kitsap Trans�t displayed flyers in their buses www kitsaptransit org
Outreach on Washington State Ferries www wsdot wa �ov/ferries
Facebook event page and targeted soaal media outreach
Collaboratmg Chambers of Commerce newsletters and websites
i www bremertonchamber or�
ii www sheltonchamber or�
u� www portorchard com
I Collaborating Fathom's of Fun articles and website www fathomsofun or�
m Kitsap Sun article and advertisements www kitsapsun com
n Kitsap Visitor and Convention website and outreach www visitkitsap com
o Listed KHF on festival websites such as eventcrazy com
p Provided links to vendors to send to their areas of influence
• Put up over 750 flyers throughout Bremerton, Port Orchard, Poulsbo, Kingston,
Silverdale, Seattle waterfront businesses, Seattle concierges
Secure necessary infrastructure February to March One of the biggest obstacle that the
festival faces is covering the costs involved with infrastructure needed such as the stage,
chairs, tent, and sound system Efforts are being made to work with the City of Bremerton
to secure the items needed
Week of Memorial Day weekend, finalize all vendor paperwork, facility layout, and last
minute details
G Memorial weekend oversee festival from 6 am to 7 p m daily