HomeMy WebLinkAbout1 - Original Submission_ 2021 Lodging Tax Award Contract Bremerton Historic Ships AssociationCity of Bremerton and Bremerton Historic Ships Association 2021 Lodging Tax Agreement Page 1 of 6
TOURISM PROMOTION SERVICES AGREEMENT
Bremerton Historic Ships Association The City of Bremerton (“City”) and Bremerton Historic Ships Association (“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 forth its goals and objectives for successful tourism promotion. The event(s) promoted by Organization must occur within the agreement Term, unless otherwise agreed to in writing by the City.
II. Term: This agreement shall commence on January 1, 2021 and shall continue in full force
and effect until December 31, 2021 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 Nineteen Thousand dollars and Zero cents.
($19,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased.
A. Payment will be released when the following has been fulfilled:
I. The Organization shall submit monthly billing invoices, by the 15th of the month following the end of the month or quarter in which services were performed or awarded, 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.
II. The Organization will provide proof of insurance, agree to the use of Automated Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business license.
B. 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. Sample of a conforming invoices and support is provided in Exhibit B. I. 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 10th, 2022 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation.
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C. 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-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
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Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, 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.
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 per Exhibit B. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts.
B. Work Performed at Organization'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 Agreement: 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. Severability: 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 1st 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.
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Contracts Administrator Organization Address City of Bremerton Bremerton Historic Ships Association
345 6th Street, Suite 100 300 Washington Beach
Bremerton, WA 98337 Bremerton, WA 98337-5668 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.
I. 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 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. Attorneys’ 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. Assignment: Any assignment of this agreement by the Organization without the written consent of the City shall be void.
VIII. Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability.
IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided. X. 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.
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XI. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
CITY OF BREMERTON BREMERTON HISTORIC SHIPS ASSOCIATION
By: Greg Wheeler By: its: Mayor its: Date:____________________ Date:____________________
Approved as to form: Attest:
______________________ ________________________ Bremerton City Attorney City Clerk, Angela Hoover
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President
8/19/2021
John Hanson
8/19/2021
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EXHIBIT A
Scope of Services
The Bremerton Historic Ship Association promotes tourism via their Turner Joy Marketing Program. Marketing activities including print and media advertising for the City of Bremerton
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CITY OF BREMERTON
LODGING TAX FUND REIMBURSEMENT REQUEST FORM
Date
Contract No.
Total Award Amount
Organization Name
Mailing address
Contact Name:Phone:
email:
Date of Service
Event/Program Title
Total Request:
Tourism Funding Recipient Name (printed):
Tourism Funding Recipient Signature:
Date:
Please return form along with copies of supporting invoices and receipts to:
City of Bremerton
Contracts Administrator
346 6th Street, Ste 100
Bremerton, WA 98337‐1873 Form B.3 2019
Please list your expenses below, attach copies of matching receipts.
If more space is needed please use page 2 of this form.
*I certify under penalty of perjury, the information contained in this request for reimbursement is true and
correct: I am authorized to certify and submit this request; and I am requesting reimbursement of money I
actually spend for the project or event as described in the application and contract with the City of Bremerton.
Page 1
EXHIBIT B
$ 0.00
$ 0.00
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CITY OF BREMERTON
LODING TAX FUND REIMBURSEMENT REQUEST FORM
Date
Contract No.
Organization Name
Please list your expenses below, attach copies of matching receipts.
Form B.3 2019
Page 2
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CITY OF BREMERTON
LODGING TAX WORKSHEET
Please return to Melinda Monroe at melinda.monroe@ci.bremerton.wa.us or fax (360) 473-5306.
The City of Bremerton is required by RCW 67.28.1816 to report the use of lodging tax funds each year.
Your organization received lodging tax funds for 2021. Please complete this form and return to the City
no later than March 1, 2022. If you have any questions or concerns please contact Melinda Monroe,
Contracts Administrator at (360) 473-5306 or by email at Melinda.monroe@ci.bremerton.wa.us.
Organization: Date:
Completed By: Email: Telephone:
ACTIVITY
Activity Name Type
☐Event/Festival
☐Facility
☐Marketing
Start
Total Cost of Activity End
Date
ATTENDEE ESTIMATES
Projected Actual Methodology Notes/Explanation
Overall Attendance
Attendees who traveled 50 miles or more to attend:
Total
Of Total, attendees who
traveled from another state
or country
Attendees who stayed overnight:
Paid accommodations
Unpaid accommodations
Paid Lodging nights
PLEASE RETURN COMPLETED WORKSHEET BY MARCH 1, 2022
EXHIBIT B
How has your organization been impacted by the COVID-19 Global Pandemic? in 2020 and in 2021?
Date:
I attest that the information provided in this form is true and complete. Please provide signature below.
Sign:
Select Drop down Item
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