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HomeMy WebLinkAbout5447Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5447 BREMERTON HISTORIC SHIPS ASSOCIATION Tourism Promotion Services Agreement City Clerk LEG 12-1 i/i/2o15 12/31/2015 1/1/2016 2016 Comments: �O�JItI[Sl� �R�1�0"�"IO1�T SEI�VICES AGI�El�El�TT Bremerton Historic Ships Association The City of Bremecton ("City") and Bremerton Historic Ships Association ("Organization"), referred to collectively as the "Pat�ties," enter into the following Agreement for Tourism Promotion services: I. Scope: The Organization sllall provide tourism promotion services for the City. Tou►•ism 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 otheewise distcibuting information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide to the City a work plan attached heceto as Exhibit A setting fo►•th its goals and objectives for successful tourism promotion. II. 1'erm: This agreement shall commence on January l, 2015 and shall continue in fiill fo►•ce and effect until December 31, 2015 unless terminated earlier pucsuant to Section IX of this Agreement. III. Compensation: In consideration of the services p►•ovided pursuant to this Agreement City shall pay the Organization an amount not to exceed Eigliteen Thousand ($18,000.00) for Tourism Promotion services. However, funding for this Agceement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/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 Bremeiton including measurable results. Upon ceceipt 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. Faiiuce by the 01•ganization to submit all conforming billing invoices by January 15` after the expiration of this Agreement may result in the foi 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 Ocganization represents that it is skilled in the matters addressed in the Scope of Wock and is performing independent functions and responsibilities within its field of expei�tise. The Organization and its personnel are independent contractors and not employees of the City. The Ocganization and its personnel have no authority to bind the City or to control the City's employees and othec 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- consultants of the Organization. Organization will be solely and entirely responsible for its acts BremertonBremerton Historic Ships Page 1 of 4 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 necessacy to pecform 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 delinyuent, the City may withhold the delinquent amount, plus any additional charges arising fi•om the delinquency, fi•om any payments due Organization. V. Indemnification: Organization shall defend, indemnify and hold the City, its officers, officials, emp(oyees, 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 poi�tion 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, Ocganization 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 comp►•ehensive general liability insucance 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 (iquor 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 Rislc Manager by fax at (360) 473-5161, or by ceitified mail, return receipt requested to City of Bcemei�ton, 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 failu►•e to do so shall be construed to be a breach of this Agreement. The Organization's insucance 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 appiies. BremertonBremerton Historic Ships Page 2 of 4 VgI. General Conditions: A. Repo��ts and Information: When requested by the City, Organization sha(1 furnish peciodic repoi�ts and documents on matters covered by this Agceement. The reports and documents shall be fucnished in the time and focm requested. Ocganization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Worlc Performed at Organization's Rislc: Organization shall take all precautions necessary and shall be cesponsible 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 rislc, and Organization shall be responsible for any loss of or damage to materials, tools, or other aiticles used or held for use in connection with the work. C. Place of Work: The Organization shall perform the work authorized under this Agceement at its offices in Breme��ton, 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 constihites the entire agreement between tlte Parties, and the Parties acicnowledge that there ace 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 ful( 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 pacties at the addresses listed below by registered or l st class mail, or by personal se�vice, 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 hereaftec specified in writing. City Address City Clerk 345 6 Street, Suite 600 Bremei�ton, WA 98337 Organization Address �� John fla��vn 300 Washington Beach Avenue Bremerton, WA 98337 H. Waiver: Failure to enforce any provision of this Agceement 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. I. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agceements contained herein, or to exercise any option herein conferred in one or Bremerton/Bremei�ton Historic Ships Q Page 3 of 4 more instances shall not be constcued to be a waiver or retinquishment 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 pecforming its obligations under this Agreement. K. Choice of Law and Venue: This Agreement shall be interpceted according to the laws of the State of Washington. Any judicial action to resolve disputes acising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each pa��ty shall pay all its own costs and attorney's fees. M. Assi n�ment: Any assignment of this agceement by the Organization without the wi•itten 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. 'I'ermination: This Agreement may be terminated by either party for convenience upon thi��ty (30) days written notice to the othet• party, or foc 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 Other Contracts. This Agreement shall supersede all prior Agreements between the pacties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON BREMERTON HISTORIC SHIPS ASSOCIATION ~•� By: Pa ent its: r Date: � / � / � Approved as to form: i Bre e Cit ttorney R:U.eg�l\LegellContracts�F'INANCE\Lodging'I'axContractForm.doc By:_i its:� Date: est: � City Clerk Bremei�ton/Bremerton Historic Ships Page 4 of 4 '� � ;k ,� � .* ° ,. ,, ,. : � , '�'he City of �rernerton H�odgimg Ta� Agreement Ezbibit A MEMOR�pL �.�.�q �9D�NE� J�� Work Plan for promotuig tounsm in Bremerton by tb�e Bremerton Htstonc Slups Association (BHSA). 1. Rack Cards. Bremerton Historic Ships Assoc�ahon (BHSA) has recently updated and improved its 2-page, full color rack cazd This brochure is distnbuted by Certified Folders to over 500 locations statewide to places where tourists are likely to be looku�g for uiformahon about interesting things to do and see. This brochure not only emphasizes the USS Turner Joy but other Bremerton boardwalk activities as well. Our racic card is also available through visitortips.com This gives us worldwide exposure 2 Seattle Waterfront: The BHSA is spearheading an effort to encourage tourists who are already in Seattle to get on the Seattle- Bremerton ferry. We encowage them to take a crutse to Bremerton, see the USS 'I�,imer Joy, Bremerton Naval Museum and other attractxons As a result of tlus effort, the BHSA has joined the Seattle VCB (www visitseattle or�) and are acrively involved in marketing Bremerton as an easy affordable day hip from Seattle. Concierge Map. The BHSA markehng committee has developed a concierge's handout which provides tourists staying in Seattle hotels a handy map and an easy gwde to taking a trip to Bremerton, again usmg Washington State Ferries (WSF), and visiting our many attractions. T}us is a full color map which lughlights Bremerton/Port Orchard as a destination, supported by ads from local tourist oriented attracttons Distnbuhon is m con�unctton vv�th Visit Seattle BRENIERT�N M9STORIC SHII�S ASSOCIATI�DN 300 Washingtan Beacfi A�e, Bremerton, WA 9833� Phone (360) l�!•=451 Fa� (360) 8]7•tOZO e-mail dd951�sinclair.net 4 Internet/Website Lu�ks• The BHSA Marketing Committee has taken the lead on not only updating the BHSA website to make it easier for trip planners to find us, but equally important building links to other tourist z+elated atixact�ons so that potentral customers can see that Bremerton offers a package of intereshng and affordable attrac6ons. 5. Ship Reunion Grroups: The BHSA Marketing Committee �s formulating a consortiwn of local hotel and tourist attraction paMners to collectively mazket the Bremerton Ares as a destinahon for ship, and other, rewuon groups. Since most rewuons are planned and coordinated by professional reunion coordinators it is important to get our community product in front of these planners. This effort Page 1 of 2 will take considerable hme, money, and effort but we expect it will have a big pay back m terms of hotel's beds filled and more visitors to the Bremerton boazdwalk We plan to put together a Group Tour and Reunion Planners Gu�de wluch can be promoted to rewuon coorduiators as well as specific ships. 6. The Haunted Slup. The annual Haunted Sh�p event is also a big draw It bruigs in thousands of local and nonlocat visrtors to the Bremerton Water&ont for a memorable Halloween experience. Many of these visrtors come back to tow the slup under less scary condttions Last yeaz we had an interview on opening day wi.th KIRO Radio 'lfie iC�tsap Sun ran an article on the event that made national news from Clucago to San Diego to Yakuna 7 Other Local Programs: The BHSA has been fostering mcreased local visitor flows through a variety af programs, focused on the I{itsap County region This includes the overnight program where vanous youth orgamzahons come aboazd the slup and spend the mght Th�s expenence uicludes a meal and a movie, as well as teaching them a little history Memorial services for veterans gtoups are also offered Another big draw is the Annual Haunted Slup event wluch brengs thousands of local people for a memorable Halloween expenence - many of whom cflme back to see the slup under less scary conditions. Page 2 of 2