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HomeMy WebLinkAbout5368Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: �CZ:�� BREMERTON AREA CHAMBER OF CONIl�IERCE Tourism Promotion Services Agreement City Clerk LEG 12-1 1/1/2014 12/31/2014 2015 Comments : TOURISM PROMOTION SERVICES AGREEMENT Bremerton Area Chamber of Commerce The City of Bremerton ("City") and Bremerton Area Chamber of Commerce ("Organization"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: I. Scope: The Organization shall provide tourism promotion services for the City. Tourism promotion shall mean activities 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 Organization shall provide to the City a work plan attached hereto as Exhibit A setting foRh its goals and objectives 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, 2014 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 Organization an amount not to exceed Ten Thousand ($10,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hote(/Motel Tax receipts are lower than budgeted funding may be decreased. The Organization shall submit monthly billing invoices, by the 15`" of the month, detailing how activities and services performed by the Organization during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Such withholding does not relieve the Organization of its obligations under this Agreement. Failure by the Organization to submit all conforming billing invoices by January 15�' after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. The Organization 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 Organization 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. The Organization and its personnel are independent contractors and not employees of the City. The Organization and its personnel 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, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub- BremertonBremerton Area Chamber of Commerce Page 1 of 4 consultants of the Organization. Organization will be solely and entirely responsible for its acts and for the acts of the Organization's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, the Organization is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As an independent contractor, Organization 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 Organization. V. Indemnification: Organization shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, 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 injuries 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, Organization shall provide the Risk Manager for the City with evidence that it 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 Organization organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and it shall be an affirmative obligation upon Organization to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6` Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The Organization's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. Bremerton/Bremerton Area Chamber of Commerce Page 2 of 4 VII. General Conditions: A. Reports and Information: When requested by the City, Organization 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. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Or�anization's Risk: Organization 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 Organization's own risk, and Organization 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. C. Place of Work: The Organization 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 mutually agreed upon by the parties. D. Entire A�reement: 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 void, 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 1 st class mail, or by personal 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 Organization Address City Clerk Mike Strube 345 6` Street, Suite 600 286 4th Street Bremerton, WA 98337 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 right or power arising out of this Agreement shall not be deemed waiver of any other right or power. [. 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 in one or BremertonBremerton Area Chamber of Commerce Page 3 of 4 more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. J. Compliance with Laws: Organization shall comply with 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 judicial action to resolve disputes arising out of this 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 herein, each party shall pay all its own costs and attorney's fees. M. Assi n� ment: Any assignment of this agreement by the Organization without the written consent of the City shall be void. VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Organization is providing to the City as of the effective date of termination. X. Termination of Ot6er Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON OF COMMERCE �' � i�- • � , :s1 • �� �. ' � ' . BREMERTON AREA CHAMBER �✓J' By: � C �l � 2 � S� ��f7z its: Fr�e.si � e �^'� � �' � Date: 3- Z 7-( y Approved as to form: Bremerton City tto y R\Finance\Ciry Clerk\ mm\Lodgmg Tax\LodgingTa+cContractForm doc est: .. i y Clerk , BremertonBremerton Area Chamber of Commerce Page 4 of 4 � d,II� BREMERT�N � I/ chamber of cornmerce _, March 25, 2014 Shannon Corin City Clerk City Of Bremerton 345 Sixth Street Bremerton WA 98337 Shannon, In accordance with the request for Scope of Work to be provided under the lodging tax contract for $10,000 with the City, we anticipate tourism expenditures in 2014 to be as follows: Function Amourrt Staffing for Vsitor Inforrnation Center $22,000 Monday through Friday, 10:00 am to 4:00 pm RenWtilities/Phone $10,750 Postage/CopieslSupplies $575 Website maintenance/hosting $3,240 MyChamberApp Mobile App $547 Advertising with Certified Folder/ Ferry Terminal distribution 200 Total $37, 312 °xee anuel�ment jnr Aetailr Please include this document as "Exhibit A" of the Lodging Tax Contract Please contact me at 479-3579 or mike�bremertonchamber.org of you need additional information or have any que�ions Sincerel �� " . Michael Strube President/CEO Bremerton Chamber of Commerce : 286 4th Street Bremerton, WA, 98337 USA (360) 479-3579 office (360) 479-1033 fax www.bremeRonchamber.org Staffina Funding partially pays the wages, taxes, and related costs of Chamber employees who assist visitors Monday through Friday from 10am to 4pm. The Visitor Center is closed Holidays, weekends, and for Chamber events. Staff is trained to welcome guests, answer questions about ihe community, and to recommend places to visit, and hotels to stay in. They assist visitors and people considering visiting our area via phone, mail, and email. Staff also creates, assembles, and mails visitor info packets, works with travel writers, distributes visitor info to chamber members, and other visitor information centers across Washington state. Staff also mails out information to school children across the world who are writing reports about Bremerton and Kitsap County. Staff works with naval personnel and others who are relocating to the area and with employers who are recruiting employees by providing information about our community. RenWtilities Funding partially supports the portion of the Chamber office that is speci�ically set aside for visitor assistance. This includes areas to display and store information, a seafing area for visitors, as well as space for two telephones and two computers. Advertisins� The Chamber produces an annual Visitor Guide and Membership direcdy, and contracts with Certified Folder to distribute them in the Seattle Ferry Terminal during peak tourism season. The Chamber website receives tens of thousands of unique hits, annually, and the chamber also produces a mobile app, called MyChamberApp, which is a nationwide app, with over 500,000 downloads, using smartphone GPS to find businesses, and hightights events in our region. Postas�e/CoaiesJSuaalies The Chamber will print and copy materials as appropriate, and mail visitor information packets as requested and give to tourists who visit our office. Goals and obiectives The goals and objectives of funding are to provide visitors to our community with one-on-one assistance, and to inform them of other opportunities to spend time and money in Bremerton. We also work with people who are considering a visit to our community and encourage them to visit attractions, events, hotels, restaurants, and businesses. In addition, The Chamber hosts the annual Armed Forces Festival. The longest running and largest Armed Forces Day parade in the nation. This serves a number of functions. It shows the military that this communiry embraces and supports them, providing jobs, and contractors at the shipyard account for approximately 60% of hotel rooms sold. The event also brings in a significant amount of out of town visitors, who stay at local hotel rooms. Most of the hotels in the area belong to the Chamber, recognizing the impact we have on the business environment in Bremerton.