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HomeMy WebLinkAbout3170 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 3170 KITSAP PENINSULA VISITOR & CONVENTION BUREAU Consultant - Advertising & Promotion City Clerk PRO File Class LEG 12-1 $31000.00 01/01/1990 12/31/2006 02/15/2008 GL AL E&O $4000000.00 $ $ Insurance Total Insurance Review Date $4000000.00 03/01/2007 Termination w/30 days written notice Modification #1 3/06 Vault 01/01/2008 CONTRACT MODIFICATION AGREEMENT NO.1 BETWEEN THE CITY OF BREMERTON AND KITSAP PENINSULA VISITOR AND CONVENTION BUREAU This contract modification agreement specifically amends the Professional Services Agreement ("Agreement") entered into between the City of Bremerton and the Kitsap Peninsula Visitor and Convention Bureau on January 30,2006. All provisions in the Agreement shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Agreement are as follows: I. Section III. Compensation, is modified to read as follows: III. Compensation: For calendar year 2006, the City shall pay Consultant Thirty One Thousand Dollars and 00/100 ($31,000) Hotel/Motel Tax proceeds for services. Payment shall be made in eleven equal monthly installments of Two Thousand Five Hundred Eight Three Dollars and 33 Cents ($2,583.33) and one monthly installment of Two Thousand Five Hundred Eight Three Dollars and 37 Cents ($2,583.37). Funding is subject to actual Hotel/Motel Lodging Tax Funds received by the City during the calendar year. After calendar year 2006, compensation shall be subject to the annual approval of the budget and compensation for the Scope of Work for this Contract. If Hotel/Motel tax receipts are lower than budgeted and approved for the year of service, funding may be decreased proportionately throughout Fund 104. The Consultant shall submit monthly billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Consultant 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. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, Contract Modification No.1 Bremerton Area Chamber of Commerce including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and written below. "' THE~B.REME.RTON ~l~ By Cary Bozeman . . ~ Its Mayor DATE: ;), - ;;),"3 - 0& DATE: (1..-i"'011 APPROVED AS TO FORM: ;f ~12. ovich, Bremerton City Attorney R:\Legal\Legal\Contracts\FlNANCE\Kitsap Peninsula Visitor and Convention Bureau-Mod I.doc Contract Modification No.1 Bremerton Area Chamber of Commerce 2 +-----------~~------------------------------------------------------------~+ 9=Enter Search Criteria, Press Esc Key to Transmit 9= 9=Press Del Key to Terminate Delete Mode 9= 9= CHANGE Contract Transactions I 9= Contract Number 3170 tVendor Name KITSAP PENINSULA VISITOR & CONVENTION BUREAU 9=Subject CONSULTANT - ADVERTISING & PROMOTION 9=Department ADMIN SVCS 9= 9=Status Code PRO 9= t9= Amount $31000.00 t T Begin Date 01/01/1990 Insurance End Date 12/31/2006 t Type Amount Review Date 12/01/2006 9= T GL $4000000~00 9= 9= 9= 9= 9= 9= Insurance Total $4000000.00 9= 9= Insurance Review Date 03/01/2006 9= t 9= T Comments. HOTEL/MOTEL FUNDING 01/01 EACH YEAR 9= 9= TERMINATION W/30 DAYS WRITTEN NOTICE 9= 9= 9= +------------------~-----~--------------------------------------------~----+ PROFESSIONAL SERVICES AGREEMENT Kitsap Peninsula Visitor and Convention Bureau The City of Bremerton ("City") and Kitsap Peninsula Visitor and Convention Bureau ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: In conjunction with the City's annual budget process and prior to the calendar year for services to be rendered, Consultant shall submit a proposed Scope of Work. The City must approve the Scope of Work and approve the budget of the Hotel/Motel Tax proceeds for the Scope of Work prior to services being rendered. Should the City fail to either approve the Scope of Work or compensation, either party may terminate this Agreement pursuant to Section IX herein. II. Term: The contract shall commence on January 1, 2006 and continue in full force and effect until terminated pursuant to Section IX ofthis Agreement: III. Compensation: For calendar year 2006, the City shall pay Consultant Thirty One Thousand Dollars and 00/1 00 ($31,000) Hotel/Motel Tax proceeds for services. Payment shall be made in eleven equal monthly installments of Two Thousand Five Hundred Eight Three Dollars and 33 Cents ($2,583.33) and one monthly installment of Two Thousand Five Hundred Eight Three Dollars and 37 Cents ($2,583.37). Funding is subject to actual Hotel/Motel LOdging Tax Funds received by the City during the' calendar year. After calendar year 2006, compensation shall be subject to the annual approval of the budget and compensation for the Scope of Work for this Contract. If Hotel/Motel tax receipts are lower than budgeted and approved for the year of service, funding may be decreased proportionately throughout Fund 104. IV~ Relationship of Parties: Consultant represents thatitis skilled in the matters addressed in the Scope of . Work submitted annually and is. performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultapts. 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 Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant'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 Consultants to perform the same or similar work. As an independent Consultant, Consultant 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 Consultant or its personnel. Bremerton!Kitsap Peninsula Visitors and Convention Bureau Page I of5 As an independent Consultant, Consultant 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 Consultant. v. Indemnification: Consultant 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 ofthese covenants of indemnification. 'C'. Should a court of competent jurisdiction determine that this Agreement' is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. . IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HA VB MUTUALLY NEGOTIATED Tins WAIVER. 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, Consultant 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 Consultantcrganizes, promotes or sponsors an event involving the sale or con~ump~ion of food or alcoholic beverages, Consultant 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. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant 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. Consultant shall maintain Bremerton!Kitsap Peninsula Visitors and Convention Bureau Page 2 of5 accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Quarterly Reports: In addition to the reports as requested by the City in Section VII(A), Consultant shall submit calendar quarterly reports that. summarize activities and services that have been accomplished during the calendar quarter that have I) specifically promoted tourism in the City of Bremerton including measurable results; and 2) contain updates for items specifically listed in the Scope of Services. These reports shall be submitted no later than thirty (30) days following the end of each calendar quarter. C. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreemehtare the property of the. City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least thr, same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Port Gamble, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. D. Work Performed at Consultant's Risk: Consultant 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 purpo!,!e. All work shall be done at Consultant's own risk, and Consultant shall be respons~bl(;: for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place. of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Port Gamble, Washington. Meetings with the City. staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. 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. Bremerton!Kitsap Peninsula Visitors and Convention Bureau Page 3 of5 G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. 1. 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. . City Address City Clerk 345 6th Street, Suite 600 Bremerton, WA 98337 Consultant Address Kitsap Peninsula Visitor & Convention Bureau PO Box 270 Port Gamble, W A 98364 J. 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 pc>wer. K. 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. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M.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. N. 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. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, 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 Bremerton!Kitsap Peninsula Visitors and Convention Bureau Page 4 of5 written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. x. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use ofHotel/Motel Tax. aJ$~ ~~\i:~~\N its: f~;r 11\"\" C '\.:=\~ ~ Date: I.. ~ '3 -OUJ .... - form: remerton City ttorney R:\Legal\Legal\Contracts\FINANCE Bremerton!Kitsap Peninsula Visitors and Convention Bureau Page 5 of5 CITY OF BREMERTON SCOPE OF SERVICES 1006 The Kitsap Peninsula Visitor & Convention Bureau will provide to the city ofBremerton all of the functions germane to its operation as a destination marketing organization. In exchange for a contract beginning January 1, 2006 through December 31, 2006 in the amount of $31,000.00 the KPVCB will expend the contract amount on: . Marketing/Advertising $12,000.00 . Internet placement! Upgrades for Bremerton $4,000.00 . Operate/Staff two visitor information centers $3,000.00 . ProducelDistribute 75,000 Visitor Guides $2,000.00 . Provide public relations materials to media sources $2,000.00 . Operate the Kitsap Sports Council $3,000.00 . Cost of operations and staffing 5.000.00 Total $31,000.00 Additionally, the Kitsap Peninsula Visitor & Convention Bureau will support and augment the marketing efforts of the following organizations: Bremerton Historic Ships, and the Kitsap Historical Museum organizations will be featured in the annual KitsapPeninsula Visitor Guide (70,000 copies), the 2 Visitor Information Centers will distribute the Historic Ships brochures, as well as the Kitsap Historical Museum's, and will be listed on www.visitkitsap.com attractions and museums pages, plus any major events presented by either of the organizations will be featured on our Calendar of Events page. The VCB is working with both groups to produce 25,000 brochures whicl) will be distributed to the participating organizations, and the VCB will have them distributed on West Sound routes of the Washington State Ferries. Any other marketing opportunities that come up during 2006 will receive the same support from the Kitsap Peninsula Visitor & Convention Bureau. Grant I. Griffin Executive Director 1/3/06 +--------------------------------------------------------------------------+ +Browse: Next Previous First Last Update Delete Restart X - Exit + lUPdate current record ++ MAINTAIN Contract Transactions + Contract Number 3170 tvendor Name KITSAP PENINSULA VISITOR & CONVENTION BUREAU ~ fSubject CONSULTANT - ADVERTISING & PROMOTION + lDepartment ADMIN SVCS + Status Code PRO + Amount $35000.00 + + Begin Date 01/01/1990 + + Insurance End Date 12/31/2004 + + Type Amount Review Date 11/01/2004 + ~ GL $4000000.00 + + ~ + Insurance Total $4000000.00 + + Insurance Review Date 03/01/2005 + + + + Comments SUCCESSIVE 1 YEAR INCREMENTS AT OPTION OF CITY t + FUNDING 01/01 OF EACH YEAR T + + +--------------------------------------------------------------------------+ fk -" Kitsap . Peninsula Kitsap Peninsula Visitor & Convention Bureau p.o. Box 270 ,2220 Rainier Avenue NE Port Gamble WA 98364 Voice (360) 297.8200 Fax (360) 297.8208 E-mail info@visitkitsap.com Webpage wwwvisitkitsap.com Bainbridge Island Bangor Belfair Blake Island Bremerton Gig Harbor Gorst Hansville Hoodsport lndianola Keyport Kingston Little Boston lofaU Manchester Port Gamble Port Orchard Poulsbo Seabeck Silverdale Southworth Suquamish Tracyton City of Bremerton Scope of Services 2004 The following is a submittal of work and activities that the KPVCB will perform for the City ofBremerton in favor of the allocation of$35,000.00 from the collected HotellMotel taxes. The KPVCB will strive to produce the ma"imum results within the Scope of Services presented. L Produce and distribute 75,000 Official Visitor Guides to the Kitsap Peninsula through all channels available. The brochure features lodging, attfactions and information on Bremerton. 2. Participate in trade shows and other events where the KPVCB presence will benefit its members and the City of Bremerton. 4. Staff and maintain Visitor Information Centers in north Kitsap, South Kitsap as well as assist the Bremerton Chamber. 5. Review all advertising venues and make informed selections to attract visitors to Bremerton as well as other Kitsap areas. 6. Continue to update web site www.visitkitsao.com & www.weddingskitsap.com with new information on the area, including maintaining the calendar of events. to be held in Bremerton. 7. Create and update all printed materials that promote tourism in Bremerton and the balance of Kitsap. 8. Continue to develop the www.golfkitsap.com web-site further to enhance packages offered which will include The Gold Mountain Golf Complex. 9. Implement the Marketing 2004 campaign as directed by the Board of Directors. IO.Work in conjunction with the City of Bremerton and the Bremerton Chamber of Commerce to promote activities, events, programs and businesses in Bremerton. +Enter Search Criteria, Press Esc Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions ~ Contract Number 3170 ~Vendor Name KITSAP PENINSULA VISITOR & CONVENTION BUREAU ~Subject CONSULTANT - ADVERTISING & PROMOTION  Department ADMIN SVCS Status Code PRO + Amount $25000.00 ~ Begin Date 01/01/1990 $ Insurance End Date 12/31/2003 ~ Type Amount Review Date 11/01/2003 GL $4000000.00  Insurance Total $4000000.00 Insurance Review Date 03/01/2004 +  Comments SUCCESSIVE 1 YEAR INCREMENTS AT OPTION OF CITY FUNDING 01/01 OF EACH YEAR + ADDENDUM NO. 2 TO CONTRACT BETWEEN THE CITY OF BREMERTON AND KITSAP PENINSULA VISITOR AND CONVENTION BUREAU CONTRACT # 3170 This addendum to contract amends the professional services agreement (the "Contract") entered into between the City of Bremerton ("City") and Kitsap Peninsula Visitor and Convention Bureau ("Consultant") executed on January 1, 1998 and amended on March 15, 2002, and WHEREAS, the parties entered into a professional services agreement on January 1, 1998 for certain services which was amended by addendum to contract entered into on March 15, 2002 ("Addendum 1") to extend the term of said contract, and WHEREAS, the parties desire to further extend the term of the Contract as provided below; NOW THEREFORE For valuable consideration and by mutual consent of the parties, the Contract as amended by Addendum 1 is amended as follows: 1. SCOPE. In conjunction with the City's annual budget process and prior to the calendar year for services to be rendered, Consultant shall submit a proposed Scope of Work. The City must approve the Scope of Work and approve the budget of the Hotel/Motel Tax proceeds for the Scope of Work prior to services being rendered. Should the City fail to either approve the Scope of Work or compensation, either party may terminate this Agreement pursuant to Section 10 in the original agreement. 2. TERM. The contract shall commence on January 1, 2003 and continue in full force and effect until terminated pursuant to Section 10 of this Agreement. 3. COMPENSATION. For calendar year 2003, the City shall pay Consultant Thirty Thousand Dollars and 00/100 ($30,000) Hotel/Motel Tax proceeds for services. Payment shall be made in twelve equal monthly installments of Two Thousand Five Hundred Dollars and 00/100 ($2,500.00). Funding is subject to actual Hotel/Motel Lodging Tax Funds received by the City during the calendar year. After calendar year 2003, compensation shall be subject to the annual approval of the budget and compensation for the Scope of Work for this Contract. If Hotel/Motel tax receipts are lower than budgeted and approved for the year of service, funding may be decreased proportionately throughout Fund 104. All provisions in the Contract as amended by Addendum 1 shall remain in full force and effeet except as expressly amended by this document. ADDENDUM 2. TO CONTRACT 1 September 12, 2003 Contract # 3170 The parties whose names appear represem that they are authorized to enter into a contract amendment that is binding on the parties of this contract. 1N WITNESS WHEREOF, the parties have executed this Addendum 2. to Contract on the day fully executed below. KITSAP PENINSULA VISITOR AND CITY OF BREMERTON ~y ~. ,~. _' ~y.~ APPROVED AS TO FORM: Roger A. Lubovich Btemerton City Attorney ADDENDUM 2. TO CONTRACT 2 September 12, 2003 Contract # 3170 City of Bremerton Administrative Services 239 4th Street Bremerton, WA 98337 Kitsap Peninsula VCB Scope of Services 2003 The following is a submittal of work and activities that the KPVCB will perform for the City of Bremerton in favor of the allocation oP$30,000.00 from the collected Hotel/Motel taxes. The KPVCB will strive to produce the maximum results within the Scope of Services presented. 1. Produce and distribute 75,000 Official Visitor Guides to the Kitsap Peninsula through all channels available. The brochure features lodging, attractions and information on Bremerton. 2. Participate in trade shows and other events wbem the KPVCB presence will benefit its members and the City of Bremerton. 4. Staffand maintain Visitor Information Centers in north Kitsap, South Kitsap as well as assist the Breme~ton Chamber. 5. Review ail advertising venues and make informed selections to attract visitors to Bremerton as well as other Kitsap areas. 6. Continue to update web site with new information on the area, including maintaining the caiendar of events. To be held in Bremerton. 7. Create and update all printed materiais that promote tourism in Bremerton and the balance of Kitsap. 8. Continue to develop the www.golfkitsap web-site fmther to enhance packages offered which will include The Gold Mountain Golf Complex. 9. Implement the Marketing 2003 campaign as directed by the Board of Directors. 10. Work in conjunction with the City of Bremerton and the Bremerton Chamber of Commerce to promote activities, events, programs and businesses in Bremerton. It is with pleasure that we submit this Scope of Services for fiscal 2003, and look forward to mutually beneficial working relationship during the coming year. ~~rely, ADDENDUM TO CONTRACT 3170 WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter referred to as "City"), and the KITSAP PENINSULA VISITOR & CONVENTION BUREAU, a duly organized corporation, (hereinafter referred to as "CONSULTANT") hereto entered into a Contract, dated January 1, 1998 and, WHEREAS, the parties desire to extend the Contract for an additional one (1) year term, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: I. The term of the Agreement executed by the parties hereto on January 1, 1998 shall be extended from January 1,2002 through December 31,2002. I1. That City shall pay Consultant Twenty Thousand Dollars and 00/100 ($20,000) from 2002 Hotel/Motel Tax proceeds for services. Payment shall be made in twelve equal monthly installments of One Thousand Six Hundred Sixty- Six Dollars and 67 Cents ($1,666.87), beginning in January 2002. Funding is subject to actual Hotel/Motel Lodging Tax funds received by the City during 2002. If Hotel/Motel tax receipts are lower than projected for 2002, funding may be decreased proportionately throughout Fund 104. II1. The SCOPE OF WORK referenced in Exhibit "A" of the contract shall be amended as set forth in EXHIBIT A attached hereto as fully set forth and incorporated in the contract for the year reflecting how the funds described in II will be spent. IV. The CITY OF BREMERTON and the KITSAP PENINSULA VISITOR & CONVENTION BUREAU, agree to all provisions of the original Agreement, which are not in conflict with this Addendum to Contract and shall remain in full force and effect. CITY OF BREMERTON KITSAP PENINSULA VISITOR & CONVENTION BUREAU Date: ~¢.,-/~-- Z~,~_ Date ~ ~ <'/, ,,~g~,~ By: B CARY B'OZEMAN, Mayor Executive Director Attest: ~~~ KATHLEEN L. MCCLUSKEY, City Clerk Approved ~ ~-L)rGER LU~'-OVICH, City Attorney · EXHIBIT A Jmmary 8, 2002 City of Bremerton Administrative Services 239 4°~ Sl~eet Bremerton, WA 98337 Kitsap Peninsula VCB Scope of Services 2002 The following is a submittal 0fwork and activities that the KPVCB will perform for tbe City o£Bremerron in favor of the allocatim~ of $15:000.00 from the collected Itotel/Motel taxes. The KPVCB Mll strive to p~'oduce the max/anum results v, Sthin the Scope of Services presented. L lh'oduce aud distribute 75,000 Official Visitor Guides to the IGtsap Peninsula tln-ough all chmmels available. The brochure features lodging, attractions m~d information on Bremerton. 2. Participate in trade shows and other events where the KPVCB presence wSll benefit its members ant1 the City of Bremerton. 4. Staffand maintain Visitor' Information Centers in north Kitsap: South Kitsap as well as assis~ the Br~erton Chamber. 5. Review all advertising venues and make informed selections to am'act visitors to Bremerton as well as other Kitsap areas. 6. Continue to update web site with new information on the area, including maintaining the calendar of events. 7. Create a~d update all printed materials that promote tourism in Bremerton and the balance ofKitsap. 8. Continue to develop the u~x~.golfkltsap web si~e fresher to enhmxce packages offered. 9. Implement the Marketing 2002 campaign as directed by the Bom'd of Dkectors. 10. Work h~ conjunction with the Cit~ of Bremerton and the Bremerton Chamber of Commerce to promote activities, events, programs and bnsLnesses in. Brm~e~on, It is with pleasure tlut we submit this Scope of Sen~ices for fi.~cal 2002, and look forward to a mutually beneficial working relationship during the coming year. Grant I_ Griffin January 8, 2002 City of Breme~ton Administrative Services 239 4t~ Street Bremerton, WA 98337 Kitsap Peninsula VCB Scope of Services 2002 The following is a submittal of work and activities that the KPVCB will perform for the City of Bremetton ia favor of the allocation of $15,000.00 ~om the collected Hotel/Motel taxes. The KPVCB will strive to produce the maximum results within the Scope of Services presented. 1. Produce and distribute 75,000 Official Visitor Guides to the Kitsap Peninmla through all channels available. The brochure features lodging, attractions and information on Bremerton. 2. Participate in trade shows and other events where the KPVCB presence will benefit its members and the City of Bremerton. 4. Staffand maintain Visitor Information Centers in north Kitsap, South Kitsap as well as assist the Bremerton Chamber. 5. Review all adveRising venues and make informed selections to atixact visitors to Bremerton as well as other Kitsap areas. 6. Continue to update web site with new information on the area, including maintaining the calendar of events. 7. Create and update all printed materials that promote tourism in Bremerton and the balance of Kitsap. 8. Continue to develop the w~v. golfkit~p web site further to enhance packages offered. 9. Implement the Marketing 2002 campaign as directed by the Board of Directors. 10. Work in conjunction with the City of Bremel~on and the Bremerton Chamber of Commerce to promote activities, events, programs and businesses in Bremetton. It is with pleasure that we submit this Scope of Services for fiscal 2002, and look forward to a mutually beneficial working relationship during the coming year. ~~t 1. ~.ffinely' -- ADDENDUM TO CONTRACT 3170 WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter referred to as "City"), and the KITSAP PENINSULA VISITOR & CONVENTION BUREAU, a duly organized corporation, (hereinafter referred to as "CONSULTANT") hereto entered into a Contract, dated January 1, 1998 and, WHEREAS, the parties desire to extend the Contract for an additional one (1) year term, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: I. The term of the Agreement executed by the parties hereto on January 1, 1998 shall be extended from January 1,2001 through December 31,2001. I1. That City shall pay Consultant Twenty Thousand Dollars and 00/100 ($20,000) from 2001 Hotel/Motel Tax proceeds for services. Payment shall be made in twelve equal monthly installments of One Thousand Six Hundred Sixty- Six Dollars and 67 Cents ($1,666.67), beginning in January 2001. Funding is subject to actual Hotel/Motel Lodging Tax funds received by the City during 2001. If Hotel/Motel tax receipts are lower than projected for 2001, funding may be decreased proportionately throughout Fund 104. III. The SCOPE OF WORK referenced in Exhibit "A" of the contract shall be amended as set forth in EXHIBIT A attached hereto as fully set forth and incorporated in the contract for the year reflecting how the funds described in II will be spent. IV. The CITY OF BREMERTON and the KITSAP PENINSULA VISITOR & CONVENTION BUREAU, agree to all provisions of the original Agreement which are not in conflict with this Addendum to Contract and shall remain in full force and effect. CITY OF BREMERTON KITSAP PENINSULA VISITOR & CONVENTION BUREAU DATE: ~°,.~'0'0! DATE: By: By: ON, Mayor PRESIDENT Attest: KATHLEEN L. MCCLUSKEY, City Clerk Approved As To Form: DAVID ST. PIERRE, Assistant City Attorney EXHIBIT A Fehiuary 26, 2001 Kitsap Peninsula Visitor and Convention Bureau Scope of Services 2001 The following is a submittal of work and activities that the KPVCB will perform for the City of Bremerton in favor of the allocation of $20,000 fi.om the collected Hotel/Motel taxes. The KPVCB will strive to produce the maximum results within the Scope of Services presented. 1. Produce and distribute 75,000 Official Visitor Guides to the Kitsap Peninsula through all channels available. The brochure features lodging, attractions and information on Bremerton. 2. Continue the radio marketing campaign as funding allows, to promote Bremerton and the Peninsula as a tourist destination. 3. Participate in trade shows and other events where the KPVCB presence will benefit its members and the City of Bremerton. 4. Staff'and maintain Visitor Information Centers in North Kitsap, South Kitsap as well as assist the Bremerton Chamber. 5. Review all advertising venues and make informed selections to attract visitors to our area. 6. Continue to update web site www.visitkitsap.com with new information on the area, including maintaining the calendar of events. 7. Create and update all printed materials that promote tourism in Kitsap. 8. Maintain the www, golfkitsap.com web site to further enhance the facilities at Gold Mountain Golf Course. 9. Implement the Marketing 2001 campaign as directed by the Board of Directors. 10. Work in conjunction with the City of Bremerton and the Bremerton Chamber of Commerce to promote activities, events, programs and businesses in Bremerton. 11. Submit monthly activity reports from the Board of Directors to the Bremerton City Council. It is with pleasure that we submit this Scope of Services for fiscal 2001, and look forward to a mutually beneficial working relationship during the coming year. Sincerely, Grant I. Griffin Executive Director ADDENDUM TO CONTRACT 3170 WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter referred to as "City"), and KITSAP PENINSULA VISITORS & CONVENTION BUREAU, a duly organized corporation, (hereinafter referred to as "Consultant") hereto entered into a Contract, dated January 1, 1999, and, WHEREAS, the parties desire to extend the Contract for an additional one (1) year term, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follow: I. The term of the Agreement executed by the parties hereto on January 1, 1999 shall be extended from January 1, 2000 through December 31,2000. I1. That City shall pay Consultant Twentyfive Thousand and 00/100 dollars ($25,000.00) from 2000 Hotel/Motel Tax proceeds for services. Payment shall be made in twelve equal monthly installments of Two Thousand Eighty Three Dollars and Thirty Three Cents ($2083.33). Funding is subject to actual Hotel/Motel Lodging Tax funds received by the City during 2000. If Hotel/Motel tax proceeds are lower than projected for 2000, funding may be decreased proportionately throughout Fund 104. III The SCOPE OF WORK referenced in Exhibit "A" of the contract shall be amended as set forth in EXHIBIT A attached hereto as fully set forth and incorporated in the contract for the year reflecting how the funds described in II will be spent. The CITY OF BREMERTON and the KITSAP PENINSULA VISITORS AND CONVENTION BUREAU, agree to all provisions of the original Agreement which are not in conflict with this Addendum to Contract shall remain in full force and effect. CITYOF BREMERTON KITSAP PENINSULA TOURIST AND CONVENTION BUREAU By: %8. HORToN, Mayor ~ PRESIDENT Attest: KATHLEEN L~ City Clerk Approved As To Form: / ? ~LE'/NNA'MALANC'A, City Attorne~ K[TSAP March :S. :O0O EXHIBIT A Peninsula City of Bremerton Administrative Services _o -* Street Bremerton. WA 983.37 Kitsap Peninsula VCB Scope of Services 2000 Come on over. The tbllowing is a submittal of work and activities that the KPVCB will perform b'[O'[[O? ~: tbr the Citv of Bremerton in favor of the allocation of $25.000 00 fi.om the CO~zl,P~Iz[/O~z collected Hotel/Motel taxes The KPVCB will strive to produce the maximum ]~ltreazl results within the Scope of Services presented. l~O Box Pon tkamble I Produce and distribute 50.000 Official Visitor Guides to the Kitsap W=mngm 9836* Peninsula through all channels available. The brochure features lodging. Tel: (156012t)--8200 attractions and information on Bremerton Fax: (360) 2~)~-8208 s ,~a: ,~so~s,~ corn 2. Design. write and produce a "lure" brochure to be sent to all potential htlp:/.~x~,xt,zs,tMk~p corn visitors requesting it over the web, from our toll free number and other advertising sources. 3. Participate in trade shows and other events where the KPVCB presence will benefit its members and the City of Bremerton. 4. Staffand maintain Visitor Information Centers in north Kitsap, South Kitsap as well as assist the Bremerton Chamber at its office 5. Review all advertising venues and make informed selections to attract visitors to our area. Bainbridge Island 6. Continue to update web site with new information on the area. including Bangor maintaining the calendar of events. Beg;ur 7 Create and update all printed materials that promote tourism in Kitsap Blake Island 8. Develop the ~vwn,v golfkitsap web site further to enhance packages Bremerton offered. Gig Harbor 9. Implement the Marketing 2000 campaign as directed by the Board of c, orst Directors. Hans~,ille 10.Work in conjunction with the City of Bremerton and the Bremerton Indianola Chamber of Commerce to promote activities, events, programs and ~e~pon businesses in Bremerton. Kingslon 11.Submit monthly activity reports from the Board of Directors to the l.i~e Boston Bremerton City Council. Lo fall Manchester It is with pleasure that we submit this Scope of Services for fiscal 2000, and look Pon Gamble forward to a mutually beneficial working relationship during the coming year Pon Orchard Sincerelv, .'¢abeck Silverd21e Southworth . Sttquarmsh Tmcb~on ADDENDUM TO CONTRACT 317O WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter referred to as "City"), and KITSAP PENINSULA VISITORS & CONVENTION BUREAU, a duly organized corporation, (hereinafter referred to as "Consultant") hereto entered into a Contract, dated January 1, 1998, and, WHEREAS, the parties desire to extend the Contract for an additional one (1) year term, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follow: I. The term of the Agreement executed by the parties hereto on January 1, 1998 shall be extended from January 1, 1999 through December 31, 1999. II. That City shall pay Consultant Fifteen Thousand and 00/100 dollars ($15,000.00) from 1999 Hotel/Motel Tax proceeds for services. Payment shall be made in twelve equal monthly installments of One Thousand Two Hundred fifty Dollars ($1,250.00). Funding is subject to actual Hotel/Motel Lodging Tax funds received by the City during 1999.1f Hotel/Motel tax proceeds are lower than projected for 1999, funding may be decreased proportionately throughout Fund 104. III The SCOPE OF WORK referenced in Exhibit "A" of the contract shall be amended as set forth in EXHIBIT A attached hereto as fully set forth and incorporated in the contract for the year reflecting how the funds described in II will be spent. The CITY OF BREMERTON and the KITSAP PENINSULA VISITORS AND CONVENTION BUREAU, agree to all provisions of the original Agreement which are not in conflict with this Addendum to Contract shall remain in full force and effect. CITY OF BREMERTON KITSAP PENINSULA TOURIST AND CONVENTION BUREAU KATHLEEN L. McCLUSKEY, City Clerk Approved As To Form: ~GLE~INA~VtALANCA, City Attorney EXHIBIT A The Consultant shall provide the following services: 1. Implement the 1999 Marketing Plan. a. Search, interview and select a marketing organization that will provide a comprehensive guide to an effective campaign designed to promote the Kitsap Peninsula as a tourist and convention destination. b. Produce and distribute 75,000 Official Visitor Guides to the Kitsap Peninsula. c. Staff and maintain visitor information centers in North County, South County and the City of Bremerton. d. Review all advertising venues and make informed placements to attract visitors in the area. e. Participate in trade shows as time and budget allow. f. Continue to update www. visitkitsap.com with information on the area, including a calendar of events. g. Develop get-away golf packages. h. Increase membership. I. Update brochures as necessary and budget allows. 2. Work in conjunction with City of Bremerton officials and the Bremerton Chamber of Commerce to promote activities, events, programs and businesses in Bremerton. 3. Submits monthly activity reports to the Bremerton City Council. PROFESSIONAL SERVICES AGREEMENT Kitsap Peninsula Visitors & Convention Bureau THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and the Kitsap Peninsula Visitors and Convention Bureau (hereinafter referred to as" Consultant"). WlTNESSETH: 1. SCOPE: In exchange for compensation, Consultant agrees to provide services to the City as detailed in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. TERM: The contract shall commence January 1, 1998 and will terminate December 31, 1998. 3. COMPENSATION: City shall pay Consultant Twenty Nine Thousand and no/100 Dollars ($29,000.00) . Payment shall be made in twelve equal installments of Two Thousand Four Hundred Sixteen and 87/100 Dollars ($2,416.67). 4. RELATIONSHIP OF PARTIES: The parties understand and agree that the Consultant is a non-profit agency skilled in matters pertaining to operations and management of a tourist and convention bureau and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employeee of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Administrative Services Director. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSES AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Consultant 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 Consultant organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Consultant 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. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. Consultant agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have risen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors, agents, volunteers, successors or assigns. This provision shall be inapplicable to the extent City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in the connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to the Consultant or by Consultant to City shall be in writing and delivered to the parties at the following addresses: City Clerk Kitsap Peninsula Tourist & Convention 239 Fourth Street Bureau Bremerton WA 98337 P.O~ Box 270 Port Gamble, WA 98364 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability except employment actions based on a bona fide occupational qualification. 10. 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 matters upon which Consultant is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. KITSAP PENINSULA TOURIST & CONVENTION BUREAU Date: ,President CITY OF BREMERTON Date: ~"[[ ~ lc~ By: ~.-- ,~ ¢~ LYNN HORTON, Mayor DEPARTMENTAL APPROVAL: KATH L~EE E~EN McCLU~lerk '~~D AS TQ~F'(~RM: EXHIBIT A SCOPE OF SERVICES The Consultant shall provide the following services: 1. Implement the 1998 Marketing Plan: a. Increase the number of ads placed in travel and travel related magazines b. Participate in trade shows that produce visitors to this area c. Produce a quality video of our area that can be played at Visitor Information Centers and trade shows d. Purchase a trade show exhibit booth which can be loaned to area Chambers when not in use by the Consultant e. Increase distribution of Visitors Guide f. Open a Visitor Information Center in south county that has access and visibility g. Develop and produce loop tour brochures aimed at niche markets, such as bike tours, museums, golf courses, and boating h. Develop and produce a regional meetings planners guide I. Upgrade office computer system with new hardware and software 2. Promote Bremerton programs, including a Web page. 3. Work cooperatively with the Bremerton Area Chamber of Commerce in the promotion of the City of Bremerton. 4. Submit quarterly reports to the City Council advising performance and progress of the foregoing.