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Contract Number 3617
BREMERTON AREA CHAMBER OF COMMERCE
Consultant Services - Visitor Information Center
City Clerk
PRO File Class LEG 12-1
$42000.00
01/01/1995
12/31/2006
02/15/2008
GL
AL
E&O
$2000000.00
$
$
Insurance Total
Insurance Review Date
$
05/01/2007
Termination w/30 days written notice
Vault 01/01/2008
CONTRACT MODIFICATION AGREEMENT NO.1
BETWEEN THE CITY OF BREMERTON AND
BREMERTON AREA CHAMBER OF COMMERCE
This contract modification agreement specifically amends the Professional Services Agreement
("Agreement") entered into between the City of Bremerton and the Bremerton Area Chamber of
Commerce on January 30,2006
All provisions in the Agreement shall remain III 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 Forty Two
Thousand Dollars and 00/100 ($42,000) Hotel/Motel Tax proceeds for services. Payment shall
be made in twelve equal monthly installments of Three Thousand Five Hundred Dollars and no
Cents ($3,500.00). 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 confonn to this Agreement, the. Citv 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 Wark, nar 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 6remerton.
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.
BREMERTON AREA CHAMBER OF
COMMERCE
tJifpc, or
T~O~ON
By Cary Bozeman
Its Mayor
-
DATE: ~{1V8vl)lo
DATE:
S TO FORM:
ovich, Bremerton City Attorney
R:\Legal\Legal\Contracts\FINANCE\Bremerton Area Chamber of Commerce-Mod I.doc
Contract Modification No.1
Bremerton Area Chamber of Commerce
2
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=l=Enter Search Criteria, Press Esc Key to Transmit =l=
=l=Press Del Key to Terminate Delete Mode =l=
=l= CHANGE Contract Transactions =l=
=l= Contract Number 3617 =l=
tVendor Name BREMERTON AREA CHAMBER OF COMMERCE t
tSUbject CONSULTANT SERVICES - VISITOR INFORMATION CENTER =l=
Department ADMIN SVCS =l=
=l=Status Code PRO =l=
Amount $42000.00 =l=
t Begin Date 01/01/1995 =l=
Insurance End Date 12/31/2006=l==l=
Type Amount Review Date 12/01/2006
=l= GL $2000000.00 =l=
t t
=l= Insurance Total $2000000.00 =l=
=l= Insurance Review Date 05/01/2006 =l=
=l==l= =l=
Comments TERMINATION W/30 DAYS WRITTEN NOTICE =l=
=l= =l=
=l= =l=
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PROFESSIONAL SERVICES AGREEMENT
Bremerton Area Chamber of Commerce
The City of Bremerton ("City") and Bremerton Area Chamber of Commerce
("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 of this Agreement.
III. Compensation: For calendar year 2006, the City shall pay Consultant Forty Two
Thousand Dollars and 00/1 00 ($42,000) Hotel/Motel Tax proceeds for services. Payment shall
be made in tWelve equal montWy installments of Three Thousand Five Hundred Doll'!Ts and no
Cents ($3,500.00). 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 lpwer than budgeted and approved for the year of service, funding
may be decreased proportionately throughout Fund 104.
IV. Relationship of Parties: Consultant represents that it is 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 arid its personnel have no authority to
bind the City or to control the City's employees and other Consultants. 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/Bremerton Area Chamber of Commerce
Page 1 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 delinqu,ent 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 of these covenants of indemnification.
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 ofthe 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 TillS 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
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.
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/Bremerton Area Chamber of Commerce
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 1) specifically promoted
tourism in the City of Bremerton including measurable results; cpld 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 Agreement are 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 the same. extent. as tpe 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 Bremerton, Washington. Consultant shall make such data, documents,
and files avai1ab1et6 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 purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connecti'on with the
work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Br<?merton, 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/Bremerton Area Chamber of Commerce
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. .
I. 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
City Clerk
345 6th Street, Suite 600
Bremerton, W A 98337
Consultant Address
Bremerton Area Chamber of Commerce
PO Box 229
Bremerton, W A 98337
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 power.
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/Bremerton Area Chamber of Commerce
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.
~form:
Bremerton~
~~
CONSULTANT
~
./
R:\Legal\Legal\Contracts\FINANCE\Bremerton Area Chamber ofCornmerce-Visitor Information Center.doc
Bremerton/Bremerton Area Chamber of Commerce
Page 5 of5
~l~i:!g~?;;c ~,
'~~~~F
~"~1N~~~~y~.
BKEMEKTON
CIIAMBBK.
P.O. Box 229
301 Pacific
Bremerton, Wi\. 98337
. "Helping
Your
Business
Achieve
Success//
Bremerton Area
Chamber of Commerce
Ft!: (3601 479-3579
fAX: (360) 479- t 033
email: chambcr@
brernerto!1ctJamber.org
Web Page:
'.N\tI!W. bremertnnchamber. erg
December 23, 2005
SCOPE OF SERVICES FOR 2006
Paula Johnston
Deputy City Clerk
City of .aremerton
345 Sixth Street
Bremerton WA 98337
Dear Paula,
In accordance with the request for the scope of services to be provided under
the visitor information contract for $42,000 between the Chamber has with the
City, we anticipate tourism expenditures in 2006 as follows:
Function
Amount
Staffing for Visitor Information Center (year round)
Monday through Friday year round and
summer weekends
$22,000
Rent, utilities, telephone
$ 8,800
Web site upgrades
$ 1,000
Advertising
$ 8,200
Postage/ copies/ supplies
$ 2,000
Total
$42,000
In addition, support for the Kitsap County Historical Society Museum and
Bremerton Historic Ships Association includes, but is not limited to:
· complimentary half page ad in our 2006 Community Directory
· prominent banner advertising on our new web site (February launch)
· three complimentary flyers in our monthly newsletter
Please contact me at 479-3579 or silvia@bremertonchamber.org if you need
additional information or have any questions.
Sincerely,
,\ ...j- (~,/<\:~-l--:.-_.."
\y'-' \-., '>.,.- . ~ ,~...., ..
Silvia Klatman, 10M
Executive Director
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9=Enter Search Criteria, Press Esc Key to Transmit 9=
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- - CHANGE Contract Transactions =1=
- - Contract Number 3617 =1=
9= - -
=Nendor Name BREMERTON AREA CHAMBER OF COMMERCE - -
= =Subj ect CONSULTANT SERVICES - VISITOR INFORMATION CENTER - -
, =Department ADMIN SVCS 9=
'=Status Code PRO 9=
=1= Amount $35000.00 =1=
=1= Begin Date 01/01/1995 =1=
9= Insurance End Date 12/31/2005 =1=
9= Type Amount Review Date 12/01/2005 =1=
9= GL $2000000.00 J,
9= --
- - - -
y Insurance Total $2000000.00 =1=
=1= Insurance Review Date 05/01/2006 =1=
9= =1=
9= Comments ADDENDUM #2 - 12/03 TERMINATION PURSUANT TO SECTION 10 - -
=1= REVIEW DATE FOR HOTEL/MOTEL FUND AWARD - -
=1= =l=
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~ February 19, 2004
BREMERTON
CHAMBER
Paula Johnston
Deputy City Clerk
City of Bremerton
P.O. Box 229 239 Fourth Street
Bremerton WA 98337
301 Pacific
Bremerton, WA 98337 Dear Paula,
In accordance with the request for the scope of services to be provided under
the visitor information contract the Chamber has with the City, we anticipate
expenditures in 2004 as follows:
Anticipated
Function Expenditure
Staffing Visitor Information Center
A S/forager and Visitor Information Booth
CT)a~nber (wages, taxes, etc.) $23,000.00
liqt~a/x Rent & utilities for Visitor Information Center $ 5,500.00
A S/forager
Postage, supplies, printing, etc. $ 2,000.00
Web site upgrades $ 2,500.00
Advertising $ 2,000.00
Total $35,000.00
Please contact me at 479-3579 or silvia~bremertonchamber.org if you need
additional information or have any questions.
Bremerton Area
Chamber of Commerce Sincerely,
FAX: (360) 479-1033
Silvia Klatman, IOM
email: chamber~? Executive Director
bremertonchamber, org
Web Page:
www. bremertoncham ber. org
:Enter Search Criteria, Press Esc Key to Transmit
:Press Del Key to Terminate Delete Mode
CHANGE Contract Transactions
Contract Number 3617
Vendor Name BREMERTON AREA CHAMBER OF COMMERCE
:Subject CONSULTANT SERVICES - VISITOR INFORMATION CENTER
:Department ADMIN SVCS
=Status Code PRO
Amount $20000.00
Begin Date 01/01/1995
Insurance End Date
Type Amount Review Date 12/01/2003
GL $2000000.00
AL $1000000.00
Insurance Total $3000000.00
Insurance Review Date 05/01/2004
ADDENDUM #2 - 12/03 TERMINATION PURSUANT TO SECTION 10
Comments
REVIEW DATE FOR HOTEL/MOTEL FUND TRACKING
+
ADDENDUM NO. 2 TO CONTRACT
BETWEEN THE CITY OF BREMERTON AND
BREMERTON AREA CHAMBER OF COMMERCE
CONTRACT # 3617
This addendum to contract amends the professional services agreement (the "Contract")
entered into between the City of Bremerton ("City") and Bremerton Area Chamber of Commerce
("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 eunjunefiun 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 fall 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 terminatexl pursuant to Section 10 of this Agreement.
3. COMPENSATION. For calendar year 2003, the City shall pay Consultant Thirty-five
Thousand Dollars and 00/100 ($35,000) Hotel/Motel Tax proceeds for services. Payment shall
be made in twelve equal monthly installments of Two Thousand Nine Hundred Sixteen Dollars
and 67/100 Cents ($2,916.67). 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 effect
except as expressly amended by this document.
The parties whose names appear represent that they are authorized to enter into a contract
amendment that is binding on the parties of this contract.
ADDENDUM 2. TO CONTRACT I September 12, 2003
Contract # 3617
IN WITNESS WHEREOF, the parties have executed this Addendum 2. to Contract on the day
fully executed below.
BREMERTON AREA CHAMBER CITY OF BREMERTON
B~OF COMMERCE~
~ m [~Ia ~, By Cargl
Its ~9cec.~;,tr_ I'J;ret. flv-o~ Its Mayor
DATE:
APPROVED AS TO FORM:
Roger A. Lubovich
Bremerton City Attorney
ADDENDUM 2. TO CONTRACT 2 September 12, 2003
Contract # 3617
ADDENDUM TO CONTRACT
3617
WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter
referred to as "City"), and BREMERTON AREA CHAMBER OF COMMERCE, 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.
II.
That City shall pay Consultant Thirty Thousand and 00/100 dollars ($30,000)
from 2002 Hotel/Motel Tax proceeds for services. Payment shall be made in
twelve equal monthly installments of Two Thousand Five Hundred and 00/100
Dollars ($2,500.00), beginning in January 2002. Funding is subject to actual
Hotel/Motel Lodging Tax funds received by the City during 2002. If Hotel/Motel
tax receipts are lower than projected for 2002, funding may be decreased
proportionately throughout Fund 104.
III.
The SCOPE OF WORK referenced in Exhibit "A" of the contract shall be
amended as set forth in EXHIBIT A attached hereto as fully set forth and
incorporated in the contract for the year reflecting how the funds described in II
will be spent.
IV,
The Consultant hereby agrees to waive membership dues for a City of
Bremerton membership to the Bremerton Area Chamber of Commerce.
V=
The CITY OF BREMERTON and the BREMERTON AREA CHAMBER OF
COMMERCE, agree to all provisions of the original Agreement which are not in
conflict with this Addendum to Contract and shall remain in full force and effect.
CITY OF BREMERTON BREMERTON AREA
CHAMBER OF COMMERCE
Date: ~/~/$- O,,~ Date:
Attest: ~ ~ ~
KATHLEEN L. MCCLUSKEY, City Clerk
Approved As To Form:
RO~, Cit~ney
~ '.. EXHIBIT A
Bremerton Area Chamber of Commerce
Scope of Services
Calendar Year 2002
Staff Visitor Information Booth on Boardwalk
10:00 a.m. to 4:00 p.m., weekends and holidays from
Armed Forces Day (May 18) through Labor Day (September 2)
StaffVisitor Information Center
9:00 a.m. to 5:00 p.m., Monday through Friday (excluding holidays)
Rent and Utilities for Visitor Information Center
Postage and related supplies
ADDENDUM TO CONTRACT
3617
WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter
referred to as "City"), and BREMERTON AREA CHAMBER OF COMMERCE, 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.
II.
That City shall pay Consultant Twenty-Seven Thousand, Five hundred and
00/100 dollars ($27,500) from 2001 Hotel/Motel Tax proceeds for services.
Payment shall be made in twelve equal monthly installments of Two Thousand
Two Hundred and Ninety-One dollars and 67 cents ($2,291.67), 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.
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 Consultant hereby agrees to waive membership dues for a City of
Bremerton membership to the Bremerton Area Chamber of Commerce.
The CITY OF BREMERTON and the BREMERTON AREA CHAMBER OF
COMMERCE, 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 OFBREMERTON BREMERTON AREA CHAMBER OF
COMMERCE
DATE: ~/".'~ ~- ~! DATE:
'EYNN HORTON, Mayor
Attest: KATHLEEN L. MC~ity Clerk
Appro~
DAVID ST. PIERRE, Assistant City Attorney
Bremerton Area Chamber of Commerce
Scope of Services
Calendar Year 2001
Staff Visitor Information Booth on Boardwalk
Booth will be staffed 10 a.m.-4 p.m. Saturdays, Sundays and holidays from
Armed Forces Day, May 19 thru Labor Day, September 3.
Staff Visitor Information Center
Center will be 9 a.m.-5 p.m. Monday thru Friday year-around (except for
holidays) to provide information and assist visitors.
Rent and Utilities for Visitor Information Center
Web Page Development and Site Maintenance
To provide area information, resource listings, calendar of events and links to
other pertinent community sites, etc.
Postage
For mailing visitor information packets.
Advertising
To promote Bremerton tourism, events.
Repair Visitor Information Booth
Labor and construction materials to repair damage to structure sustained in
moving for Blackberry Festival 2000.
ADDENDUM TO CONTRACT
3617
WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter
referred to as "City"), and BREMERTON AREA CHAMBER OF COMMERCE, 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, 1998 shall
be extended from January 1,2000 through December 31,2000.
II.
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 33 cents
($2083.33), beginning in January 2000. Funding is subject to actual Hotel/Motel Lodging
Tax funds received by the City during 2000. If Hotel/Motel tax receipts 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.
IV.
The CITY OF BREMERTON and the BREMERTON AREA CHAMBER OF COMMERCE,
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.
ClTY OFBREMERTON BREMERTON AREA CHAMBER OF
COMMERCE
Attest:'~ ~ ~
KATHLEEN L. McCLUSKEY, City Clerk
Approved As To Form:
EXHIBIT A
EXHIBIT A
Bremerton Area Chamber of Commerce
Scope of Services
Repair and Maintenance of Visitor Information Booth $ 630
(Includes $470 to replace broken brochure/pamphlet
boxes, and $160 for construction materials, hardware,
paint, caulk, cleaning supplies, etc. to repair/maintain
structure. Note: labor will be donated.)
Staff for Visitor Information Booth $ 2,200
(Booth will be staffed Saturdays, Sundays and
holidays from Armed Forces Day, May 20 thru
Labor Day, September 4)
Staff for Visitor Information Center $10,910
Rent and Utilities for Visitor Information Center $ 5,040
Web Page Development and Site Maintenance $ 2,400
(To provide area information, resource listings,
calendar of events and links to other pertinent
community sites, etc.)
Postage $ 3,000
(visitor information/relocation packets)
Advertising $ 820
(promoting Bremerton tourism, events)
Total $25,000
ADDENDUM TO CONTRACT
3617
WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter
referred to as "City"), and BREMERTON AREA CHAMBER OF COMMERCE, 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.
I1.
That City shall pay Consultant Thirty Thousand and 00/100 dollars ($30,000.00)
from 1999Hotel/Motel Tax proceeds for services. Payment shall be made in twelve equal
monthly installments of Two Thousand Five Hundred dollars ($2,500.00), beginning in
January 1999. Funding is subject to actual Hotel/Motel Lodging Tax funds received by the
City during 1999. If Hotel/Motel tax receipts are lower than projected for 1999, funding may
be decreased proportionately throughout Fund 104.
III
The SCOPE OF WORK referenced in Exhibit 'W' 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 BREMERTON AREA CHAMBER OF COMMERCE,
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 BREMERTON AREA CHAMBER OF
COMMERCE
DATE: DATE: __.~
Attest:
KATHLEEN L. M~City Clerk
Approved As To Form:
G~EhI~A'~IALANCA, City Attorney
EXHIBIT A
Shall shall provide the following Visitor Information Center support services:
1. Provide staff, supplies and facilities support
2. Provide staffing for tourist information booth at the Waterfront
1999 Hotel/Motel Tax Fund Request/Allocation
)repared by
CHAI~IBER
~ 6,0001 6,000 6,0001 7,5001 600c
Rent for VIC 6,000
Staff for VIC 7,976 28,500 19,501 19,5011 20,000~ 18800
Staff for Booth 2,208 2,208 2,208 2,2081 4,000~ 2200
Home Page 816 8161 816 816 2,000~
Postage/Supplies 3,000 3,000~ 3,000 3,000 3,0001 30O(.
5,oool o o 5,ooo!
Armed Forces Festival
Advertising 0! 8,475 3,475 8,500!
Study Seattle VIC Booth ~ I 3,0001
PROFESSIONAL SERVICES AGREEMENT
Bremerton Area Chamber of
Commerce-Visitor Information Center
THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter
referred to as "City") and the Bremeton Area Chamber of Commerce-Visitor Information
Center (hereinafter referred to as" Consultant").
WITNESSETH:
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, t998 and will terminate December
31, 1998.
3. COMPENSATION: City shall pay Consultant Thirty Five Thousand and no/100
Dollars ($35,000.00) . Payment shall be made in twelve equal installments of Two
Thousand Nine Hundred Sixteen and 67/100 Dollars ($2,916.67) Beginning in January
1998.
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 visitor information center 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 employees 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 end 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 maffers 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 Bremerton Area Chamber of Commerce
239 Fourth Street P.O. Box 229
Bremerton WA 98337 Bremrton, WA 98337
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.
CITY OF BREMERTON BREMERTON AREA CHAMBER OF
COMMERCE - -
LYNN HORTON, Mayor
Attest: ~ ~ ~
HLEEN McCLUSKEY, CityClerk
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the following services:
1. Implement the 1998 Business Plan as recommended by the Advisory Board
and outlined in the October 1, 1997 scope of work (Exhibit B).
2. Promote Bremerton programs, including a Web page.
3. Work cooperatively with the Kitsap Peninsula Visitor & Convention Bureau
in the design and placing of advertisements promoting the community.
4. Submit quarterly reports to the City Council advising progress and
performance of the foregoing.
EXHIBIT B
BREMERTON AREA CHAMBER OF COMMERCE
1998 BUSINESS PLAN
For Hotel/Motel Tax Allotment
Requested Advisory
Actual By Chamber Board Rec.
AIIoted 1997 1998 1996
$20K $65K $40K
Rent for Visitor Information Center $6,000. $ 6,000. $ 6,050.
Staffing for Visitor InformatJon Center $7,976. $28,760. $19,501.
Staffing Watmfront Booth in summer/holidays $2,208. $ 2,208. $ 2,208.
HomePage (Contains Visitor Info.) $ 816. $ 816. $ 816.
Postage/Supplies $3,050. $ 3,000. $ 3,000.
Armed Forces Festival (Parade, Carnival,
Pageant) 0 $15,000. 0
Advertising 0 0 $ 8,475.
TOTAL = $20,000 $55,774. $40,000.
ADDENDUM TO CONTRACT
3617
WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter
referred to as "City"), and BREMERTON AREA CHAMBER OF COMMERCE, a duly
organized corporation, (hereinafter referred to as "BACC") hereto entered into a Contract,
dated January 1, 1995, as amended January 1996, 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 February 28, 1995
shall be extended from January 1, 1997 through December 31, 1997.
II.
That City shall pay BACC Twenty Thousand and 001100 dollars ($20,000.00) for
services. Payment shall be made in twelve equal monthly installments of One Thousand
Six Hundred sixty-seven and 67/100 dollars ($1,666.67), beginning in January 1997.
III
The SCOPE OF WORK referenced in Exhibit "A" of the contract shall be amended
as set forth in EXHIBIT A-1997 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 INSURANCE AND HOLD HARMLESS section of the Agreement shall be
amended to require general liability insurance of at least $500.000.00 per occurrence..."
in lieu of professional liability insurance. All other stipulations and requirements of this
section shall remain in full force and effect.
The CITY OF BREMERTON and the BREMERTON AREA CHAMBER OF COMMERCE,
agree to all provisions of the original Agreement which am not in conflict with this
Addendum to Contract shall remain in full force and effect.
CITY OF BREMERTON BREMERTON AREA CHAMBER OF
COMMERCE
DATE: ~-'/0 -~' 7 DATE: 2~' ;~:~
BY:~YNN S, HORTON, Mayor /RESIDENT
Attest: KATHLEEN L. Mc('-~CL SKEY,
City Clerk
Approved As To Form:
~, City Attorney
ADDENDUM TO CONTRACT
3617
WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter referred to
as 'City'), and BREMERTON AREA CHAMBER OF COMMERCE, a duly organized corporation,
(hereinafter referred to as "BACC") hereto entered into a Contract, dated January 1, 1995
(hereinafter referred to as "Contract"), 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 Contract executed by the parties hereto on February 28, 1995 shall be
extended from January 1, 1996 through December 31, 1996.
II.
That City shall pay BACC Seventeen Thousand and No/100 Dollars ($17,000.00) for
services. Payment shall be made in twelve equal monthly installments of One Thousand Four
Hundred Sixteen and 67/100 Dollars ($1,416.67), beginning in January 1996.
III.
The SCOPE OF WORK referenced in Exhibit "A' in paragraph one of the contract shall
be amended as set forth in 'Exhibit A-1996" attached hereto and incorporated by reference
herein.
IV.
The CITY OF BREMERTON and the BREMERTON AREA CHAMBER OF COMMERCE,
agree to all provisions of the original Contract which are not in conflict with this Addendum to
Contract and said provisions shall remain in full force and effect.
CITY OF BREMERTON BREMERTON AREA CHAMBER OF
COMMERCE
LY~N S. HORTON, Mayor SANDRA L. HOWES, Executive Director
E~/HIBIT "A- 1996"
BREMERTON AREA CHAMBER OF COMMERCE
To: City of Bremerton
From: Bremerton Area Chamber of Commerce
Subject: Scope of Work
1996 contract for Visitor Information Center
The Original request for funding by the Bremerton Area Chamber of Commerce was for
$29,950. The Council voted to fund $17,000.
The following is a Scope of Work that the Chamber has committed to for the $17,000.
We will provide quarterly reports to the City on the hours of operation, contacts and
mailings that we provide.
The Chamber will operate the Visitor Center located at 120 Washington, Suite 101,
seven days a week. The hours of operation will be 9 AM to 5 PM Monday through
Fdday and 10 AM to 4 PM on Saturdays and Sundays. We will be open for all Holidays
except Christmas, New Years, Easter Sunday and Thanksgiving Day.
There is no funding for the KIOSK on the waterfront this year. We will operate the
KIOSK as we have volunteers. If the city wishes we can close the VIC on Washington
during the weekend and staff the KIOSK on the waterfront instead.
The Chamber has already paid for the advertising in the Walt Guide, AAA Tour Book
and the survey.
The Chamber will mail out requests for visitor information, specifically for Bremerton off
the Walt Guide leads and AAA. We also mail information on all phone and mail
requests for both visitor information and relocation information.
!996 Funding Distribution:
Visitor Information Center Staffing $ 4,050
Postage/supplies $ 3,000.
Office Space/ViC signage $ 6,000.
*Advertising and survey $ 3,950.
Total request $17,000.
*Advertising
WALT Guide $2,000.
AAA Tour Book $ 500.
HomePage $ 650.
Survey $. 800.
total $3,950.
(360) 479-3579 ° FAX (360) 479-1033
120 WASHINGTON AVENUE, SUITE 103 · P,O, BOX 229 * BREMERTON, WASHINGTON 98337
PROFESSIONAL SERVICES AGREF~ENT
visitor In£or~ation Center
THIS AGREEMENT is between the City of Bremerton, a municipal
corporation (hereinafter referred to as "City") and the Bremerton
Area Chamber of Commerce, (hereinafter referred to as "BACC.").
WITNES SETH:
1. SCOPE: The Bremerton Area Chamber of Commerce will
operate a Bremerton Visitor Information Center (VIC) from two
locations. The BACC office at 837 4th Street will continue to
serve as a VIC Monday through Friday, 9:00 a.m. to 5:00 p.m., year
round except holidays.
The second location will be at the Kitsap Peninsula Visitor
and Convention Bureau (VCB) at 120 Washington Street. The Chamber
will staff the VIC at this location with paid staff Saturdays and
Sundays 10:00 a.m. to 4:00 p.m. A joint effort between the Chamber
and the VCB will have volunteer staff (with some paid staff by the
Chamber) from 11:00 a.m. to 4:00 p.m. Monday through Friday.
Please note that these hours may increase depending on the
demand. The Chamber will make quarterly reports to the Mayor and
the Council on their progress.
In May, the Bremerton Chamber will again open the Kiosk down
on the First Street dock and will have it staffed with a
combination of paid staff and volunteers, seven days a week, from
the middle of May to one week after Labor Day weekend in September.
From mid September to December, the VIC will again be housed at the
VCB.
2. TER~: Contract shall commence on January 1, 1995 and will
terminate on December 31, 1995.
3. COMPENSATION: City shall pay BACC compensation as
follows:
Total fees under this Agreement shall not exceed Fifteen
Thousand Dollars ($15,000.00)
BACC shall submit a monthly statement describing the services
rendered with a breakdown for work completed as authorized under
this Agreement. The City, upon receipt of the completed statement,
shall promptly process said claim for payment.
If the description of services on the Proposal designates
additional services which may be requested by the City, said
additional services will be paid for by the City at the rate set
PROFESSIONAL SERVICES AGREEMENT -1-
BACC.PSA - Disk 12 - 2/22/95
forth in the Proposal, which sum may exceed the "not to exceed"
amount set forth above; however, said services will only be
performed and compensated by the city after City has directed such
performance in writing.
4. RELATIONSHIP OF PARTIESz The parties understand and agree
that BACC is a non-profit agency skilled in matters pertaining to
visitor information services and will perform independent functions
and responsibilities in the area of its particular field of
expertise. BACC and its personnel shall act as independent
contractors and not employees 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, BACC shall work under the direction of the Administrative
Services Director.
5. INDUSTRIAL INSURANCE: BACC agrees to provide for State
industrial insurance coverage for its personnel as required by
State law.
6. LICENSE AND T/%XES~ BACC shall possess a current Bremerton
Business License and any regulatory license required to fulfill
BACC's obligations under this Agreement. B & O taxes shall be paid
when due and BACC, 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 ~ HOLD HARMLESSz Prior to and during the
performance of the work covered by this Agreement, BACC shall
provide the Risk Manager for the City of Bremerton with evidence
that it has obtained and maintains in full force and effect during
the term of this Agreement a policy of professional liability
insurance, providing coverage of at least $1,000,000.00 against
professional liability for errors and omissions in connection with
the work to be performed by BACC under this Agreement. Risk
Manager shall be provided thirty (30) days' written notice of any
cancellation of said professional liability insurance.
BACC 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 arisen
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 BACC, its
subcontractors, agents, successors or assigns. This provision
shall be inapplicable to the extent the City is judicially found
PROFESSIONAL SERVICES AGREEMENT -2-
BACC.PSA - Disk 12 - 2/22/95
solely negligent for such damage or injury.
8. GENEP~%L OONDITIONg=
a. Reports and Information - BACC, 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
connection therewith, and any other matters covered by this
Agreement. BACC 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 further 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
BACC or by BACC to the City shall be in writing and delivered to
the parties at the following addresses:
City Clerk Bremerton Area Chamber of Commerce
239 Fourth St. 837 4th Street
Bremerton, WA. 98337 Bremerton, WA. 98337
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 a waiver of any
other breach.
f. Compliance with State, Local and Federal Laws -BACC 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 he 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. NONDIgCRIMINATION~ BACC shall not discriminate in
PROFESSIONAL SERVICES AGREEMENT -3-
BACC.PSA - Disk 12 - 2/22/95
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. TERMINATIONI 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 BACC 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.
BREMERTONAREA CHAMBER OF COMMERCE
~ ~ BE~ERL~WOODS, Executive Director
CITY OF BREMERTON
-AR~ENT~~OVAL: LYNN HORTON, Mayor
DEP
K~ML~N L. ~CLUSKEY, CLERK
KA%FHLE~ Li~cC~0~,' CI~Ty CLERK
PROFESSIONAL SERVICES AGREEMENT -4-
BACC.PSA - Disk 12 - 2/22/95