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HomeMy WebLinkAbout5355Contract Number: 5355 � Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 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 � � By Lent 1ts or Date Z '� ZQ — / 9- KITSAP HARBOR FESTNAL / / �.� , - � �� i� � �►�i � i/I/ _ � / �. ♦ Approved as to form. Bremerton City Attorney R \Fwance\C►ty Cia�k\Admwl�.adging TaxU.odgiagTaaContractForm.doc t � 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