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043-16 - Port Orchard Bay Street Association - ContractContract No. 043-16 PROFESSIONAL SERVICES AGREEMENT FOR TOURISM PROMOTION (LODGING TAX) SERVICES This Professional Services Agreement ("Agreement') is made by and between the City of Port Orchard, a Washington municipal corporation ("City"), and Port Orchard Bay Street Association, a 501(c)3 corporation organized under the laws of the State of Washington, doing business at: P.O. Box 8581 Port Orchard, WA 98366 (hereinafter the "Organization"). A. The City collects a lodging tax for the purpose of contracting through Port Orchard Bay Street Association for tourism marketing, as allowed by RCW 67.28.1816, and Port Orchard Bay Street Association has applied for the use of the revenues, also as allowed by the same statute. B. The Organization proposes to market, operate a special event, events, festival, festivals, or otherwise market and promote Port Orchard as a destination for visitors as described in this Agreement; and C. In an effort to implement the City's wayfinding system to assure tourists are at the correct community, the organization is authorized and encourage to use the City's wayfinding logos in accordance with the City's graphic standards attached as exhibit D; and D. The City agrees to contract with the Organization for this purpose under the terms and conditions set forth below; NOW, THEREFORE, the Parties agree as follows: 1. Services. The Organization agrees to promote tourism as defined in RCW 67.28.080(6) and as allowed by RCW 67.28.1816 in the manner set out in the Lodging Tax Application, attached as Exhibit "A," attached hereto and incorporated by this reference ("Services"). 2. Term. The term of this Agreement shall commence as of the date of the last authorizing signature affixed hereto, and shall continue until the completion of the Services as described in Exhibit A, but in any event no later than December 31, 2016. 3. Termination. A. Either party may terminate this Agreement for any reason whatsoever upon giving the other party at least 90 days' prior written notice thereof. Any expenses incurred Port Orchard Bay Street Association Tourism Promotion Contract Page 1 of 8 prior to the date of termination but not submitted by the Organization may be submitted for reimbursement by the Organization and reimbursed by the City of Port Orchard. B. In situations other than as described in Subsection A above, the City of Port Orchard shall have the right to terminate this Agreement or reduce the amount which it has agreed to pay hereunder in the following circumstances: (1) In the event the City determines, in its sole and absolute discretion, that tax revenues from the tax authorized by RCW 67.28.180 are insufficient to generate sufficient revenues for the City of Port Orchard to make said payment, considering that other commitments for a portion of said funds have also been made; (2) if the tax itself is repealed by appropriate authority; (3) in the event the funds paid by the City to the Organization are not used in compliance with the provisions of this agreement and/or Chapter 67.28 RCW, as determined by the City of Port Orchard or the State of Washington; The City of Port Orchard shall have the discretion to determine the appropriate allocation of such funds among those entities to which such commitments have been made for the funds subject to Chapter 67.28 RCW. C. Notice of Termination. Either party may terminate this agreement for the reasons set forth above, by written notice thereof to the other party. If termination is based on the reasons in Section B(l) through (3), the termination may be effective immediately. Upon such termination, the City of Port Orchard shall be under no further obligation to make payments hereunder, except any expenses incurred prior to the date of termination, but not yet submitted may be submitted by the Organization and shall be reimbursed by the City of Port Orchard. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to continue the Agreement after the end of the current fiscal period, and this Agreement will automatically terminate upon the completion of all remaining Services for which funds are allocated. No- penalty or expense shall accrue to the City in the event this provision applies. 4. Payment. A. Total Payment. In consideration of the Organization's performance of the Services identified in the Lodging Tax Application, attached as Exhibit A, the City agrees to grant the Organization an amount not to exceed Fifteen Thousand, Six Hundred and No/100 ($15,600) as described below: $11,400 - Marketing $4,200 - Events B. Method of Payment. Payment by the City for the Services will only be made after the Services have been performed, and after the Organization has submitted a voucher or invoice to the City using the form attached as Exhibit "B" and only after the same has been approved by the Port Orchard Bay Street Association Tourism Promotion Contract Page 2 of 8 appropriate City representative. The City shall pay invoices within thirty (30) days after receipt of such voucher or invoice. Final invoices, along with any required reports, must be submitted to the City by January 4, 2017, to avoid loss of funding. C. Organization Responsible for Taxes. The Organization shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the payment by the City for any Services under this Agreement. 5. Compliance with Laws. The Organization shall comply with and perform the Services in accordance with applicable federal, state, and City laws including, without limitation, City codes, ordinances, resolutions, standards and policies, as now existing or as the same are hereafter adopted or amended. 6. Reporting Obligations. Pursuant to RCW 67.28.1816 (2)(c)()i), the Organization must provide the City of Port Orchard a report in a form labeled JLARC Municipality Report, attached as Exhibit "C, no later than January 31,2017. 7. Independent Contractor It is the intention and understanding of the Parties that the Organization shall be an independent contractor in the performance of this Agreement and that the City shall be neither liable nor obligated to pay the Organization sick leave, vacation pay, or any other benefit of City employment, nor to pay any social security or other tax which may arise as an incident of City employment. The Organization shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of, whether such may provide a secondary or incidental benefit to the Organization, and the same shall not be deemed to convert this Agreement to an employment contract. 8 Indemnification. The Organization shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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 Organization and the City, its officers, officials, employees, agents and volunteers, the Organization's liability hereunder shall be only to the extent of the Organization's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. Port Orchard Bay Street Association Tourism Promotion Contract Page 3 of 8 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ORGANIZATION'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. THE ORGANIZATION'S WAIVER OF IMMUNITY UNDER THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO. ANY CLAIMS BY THE ORGANIZATION'S EMPLOYEES DIRECTLY AGAINST THE ORGANIZATION. 9 Insurance. The Organization shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Organization, its agents, representatives, volunteers, or employees. A. Minimum Scope of Insurance. Contractor The Organization shall obtain insurance of the types described below: 1. Automobile Liability insurance as required covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01, or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance. The Organization shall maintain the following insurance limits 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, and Commercial General Liability insurance: 1. The Organization's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Organization's insurance and shall not contribute with it. Port Orchard Bay Street Association Tourism Promotion Contract Page 4 of 8 2. The Organization's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Organization. The Organization's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Contractor's Organization's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. The Organization shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor Organization before commencement of the work. 10. Equal Opportunity Employer. A. In all of the Organization's services, programs or activities, and all of the Organization's hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by the Organization or by the Organization's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status, veteran status, sexual orientation or the presence of any disability, including sensory, mental or physical handicaps; provided, however, that the prohibition against discrimination in employment because of disability shall not apply if the particular disability prevents the performance of the essential functions required of the position. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Organization shall not violate any of the terms of Chapter 49.60 RCW Title VU of the Civil Rights Act of 1964, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non- discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Organization's breach, may result in ineligibility for further City agreements. B. In the event of the Organization's noncompliance or refusal to comply with the above nondiscrimination plan, this Agreement may be rescinded, canceled, or terminated in whole or in part, and the Organization may be declared ineligible for further contracts with the City. The Organization, shall, however, be given a reasonable time in which to correct this noncompliance. Port Orchard Bay Street Association Tourism Promotion Contract Page 5 of 8 11. Work Product. The Organization shall perform and produce any work product consistent with the Services described in the Lodging Tax Application, attached as Exhibit "A". 12. Books and Records. The Organization agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times during normal business hours, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 13. General Provisions. A. Assignment or Subcontracting. The Organization shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City. B. Notice. Any notices required to be given by the City to the Organization or by the Organization to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Bobbie Stewart Mayor Attn: Director 216 Prospect Street P.O. Box 8581 Port Orchard, WA 98366 Port Orchard, WA 98366 Phone:360-876-4407 Phone: 360-876-7726 Fax: 360 895-9029 C. Resolution of Disputes and Governing Law. 1. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. Port Orchard Bay Street Association Tourism Promotion Contract Page 6 of 8 2. If any dispute arises between the City and the Organization under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Organization does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. 3. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. D. Non-waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained 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 in full force and effect. E. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Organization. F. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. G. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. H. Authority. Each individual executing this Agreement, on behalf of the City, and the Organization, represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Organization or the City. I. Performance. Time is of the essence in performance of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in Port Orchard Bay Street Association Tourism Promotion Contract Page 7 of 8 the Lodging Tax Application, attached as Exhibit A is essential to the Organization's performance of this Agreement. J. Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, inequity or by statute. K. Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. City of Port Orchard Port Orchard Bay Street Association By. By._^ PrintName: J^WSteoWt Robert Putaansuu , Mayor Title: Bobbie Stewa-Ft 216 Prospect Street P.O. Box 8581 Port Orchard, WA 98366 Port Orchard, WA 98366 Telephone: (360) 876-4407 Telephone: (360) 876-7726 Fax: (360) 895-9029 Fax: N/A Brandy Rinearson, CMC, City ATTEST: APPROVED AS TO FORM: Port Orchard Bay Street Association Tourism Promotion Contract Page 8 of 8 • " ' 1 . „010'•am, . | liiii:« in 'amm TH HI » «4<i -feSS City of Port Orchard Lodging Tax Application For Budget Year: Application Deadline: 2016 September 28, 2015 by 4:00 p.m. Please read carefully and include all information. Omitting requested information could result in having your application denied. Keep your answers clear, concise, and to the point of the question. Do not include presentation materials, as these materials are more appropriate to be used as part of your oral presentation. Do not include brochures or information not related to your project or request. Please fill in the application form, print, sign, and submit one complete signed application to Brandy Rinearson in the City Clerk's office by the application deadline listed at the top of this application. Mailing address: Brandy Rinearson, City of Port Orchard, Port Orchard, WA 98366. Email address: brinearson@citvofportorchard.us NO LATE APPLICATIONS WILL BE ACCEPTED. Even if postmarked earlier, applications will not be accepted if received after the application deadline. Please attach the most recent annual financial statement of the organization. 1. Applicant Information Organization Name Port Orchard Bay Street Association Street Address PO Box 8581 Mailing Address (if different from street address) City Port Orchard State WA Zip 98366 City State Zip Phone 360-876-7726 Fax Name of Executive Director/President Bobbie Stewart Type of Organization: S 501(c) 3 • 501(c) 6 • Government Agency • Other 2. Applicant Contact Information Name Position/Title Christine Stansbery Treasurer Phone Email Address 360-876-7726 cstansbery@msn.com City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 Page 1 of 3 3. Project information Type of Funding: H Marketing • Event • Operation Please complete this section for each type of funding you are requesting. Check the appropriate box above in "Type of Funding" and attach a separate page for each type. For example; if you are requesting funds for marketing and a special event or festival, attach one page describing your marketing efforts and a separate page describing your special event or festival. A. Project Name Marketing Amount requested from the City of Port Orchard: Total Project Amount: $19,500 $19,500 B. Project Description Please provide a brief description of the proposed 2016 project/activity. The Port Orchard Bay Street Association markets downtown Port Orchard to visitors through the artwalks, Ladies Night Out, Taste of Port Orchard, HogFest, and other festivals and events that take place downtown. We are requesting reimbursement for marketing expenses including our website, increased presence on Facebook and Google+ through internet advertising, print advertising in out of area publications or publications intended to be distributed on the ferry and in hotels, Art Access a publication distributed from Bellingham to Portland, and through the purchase of flowers and hanging baskets to highlight the various festivals and events in Port Orchard. We intend to continue to participate in a marketing consortium, Explore Port Orchard, through the Chamber of Commerce and have not requested regional advertising with this request. This request is for stand alone events not marketed by the consortium. 4. Estimated Numbers of Increased Tourism Applicants applying for use of LTAC funds must provide estimates of how it will result in increases in the number of people traveling for business or pleasure on a trip as required by RCW 67.28.1816: Projected Actual2 Methodology Overall Attendance: 5000 estimate based on raffle tickets and zip codes collec structured estimate Attendees who traveled 50 miles or more to attend: Total: 295 see above see above Of total, attendees who traveled from another state or country: 135 see above see above Attendees who stayed overnight: Paid accommodations: 67.5 estimate based c see above Unpaid accommodations: 67.5 estimate based c see above Paid Lodging nights: 67.50 estimate based c see above Please provide which methodology you will use from the options; Direct Count, Indirect Count, Representative Survey, Informal Survey, Structured Estimate, or Other. Please explain (provide your explanation in the space to the right of the box). 2 Actual numbers will be required report is submitted to the City in 2017. City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 Page 2 of 3 3. Project Information Type of Funding: E Marketing • Event • Operation Please complete this section for each type of funding you are requesting. Check the appropriate box above in "Type of Funding" and attach a separate page for each type. For example; if you are requesting funds for marketing and a special event or festival, attach one page describing your marketing efforts and a separate page describing your special event or festival. A. Project Name Events Amount requested from the City of Port Orchard: Total Project Amount: $5800 $5800 B. Project Description Please provide a brief description of the proposed 2016 project/activity. The Port Orchard Bay Street Association puts on a number of events during the year including artwalks, Ladies Night Out, Taste of Port Orchard, HogFest and others. In addition to marketing there are operational expenses for events, including insurance, bands, giveaways, security, and other costs of operations. We are requesting reimbursement for those activities. 4. Estimated Numbers of Increased Tourism Applicants applying for use of LTAC funds must provide estimates of how it will result in increases in the number of people traveling for business or pleasure on a trip as required by RCW 67.28.1816: Projected Actual2 Methodology Overall Attendance: 5000 estimate based on raffle tickets and zip codes coliec structured estimate Attendees who traveled 50 miles or more to attend: Total: 295 see above see above Of total, attendees who traveled from another state or country: 135 see above see above Attendees who stayed overnight: Paid accommodations: 67.5 estimate based c see above Unpaid accommodations: 67.5 estimate based c see above Paid Lodging nights: 67.50 estimate based c see above Please provide which methodology you will use from the options; Direct Count, Indirect Count, Representative Survey, Informal Survey, Structured Estimate, or Other. Please explain (provide your explanation in the space to the right of the box). 2 Actual numbers will be required report is submitted to the City in 2017. City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 Page 2 of 3 5. Funding Sources If your organization collaborates with other organizations to encourage tourism, how is this accomplished? Name of Organization Type of Collaboration Port of Bremerton, Chamber of Commerce marketing collaberation Fathoms O'Fun, Sidney Museum and Arts Association marketing collaberation Visit Kitsap Peninsula marketing collaberation List any other sources of funding you have applied for: Source Amount Status Kitsap Bank $2500 pending The applicant hereby certifies and confirms that it does not now nor will it during the performance of any contract resulting from this proposal unlawfully discriminate against any employee, applicant for employment, client, customer, or other person(s) by reason of race, ethnicity, color, religion, age, gender, national origin, or disability. That it will abide by all relevant local, state, and federal laws and regulations. That it has read and understands the information contained in this application for funding and is in compliance with the provisions thereof, and; that the individual signing below has the authority to certify to these provisions for the applicant organization, and declares that he/she is an authorized official of the applicant organization, is authorized to make this application, is authorized to commit the organization in financial matters, will assure that any funds received as a result of this application are used for the purposes set forth herein, and verifies that all the information contained in this application is valid and true to the best of his/her knowledge. Certified By: Signature Date 9/27/2015 Print or Type Name Title Christine Stansbery Treasurer City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 Page 3 of 3 5. Funding Sources If your organization collaborates with other organizations to encourage tourism, how is this accomplished? Name of Organization Type of Collaboration Port of Bremerton, Chamber of Commerce marketing collaboration Fathoms O'Fun, Sidney Museum and Arts Association marketing collaboration Visit Kitsap Peninsula marketing collaberation List any other sources of funding you have applied for: Source Amount Status Kitsap Bank $2500 pending The applicant hereby certifies and confirms that it does not now nor will it during the performance of any contract resulting from this proposal unlawfully discriminate against any employee, applicant for employment, client, customer, or other person(s) by reason of race, ethnicity, color, religion, age, gender, national origin, or disability. That it will abide by all relevant local, state, and federal laws and regulations. That it has read and understands the information contained in this application for funding and is in compliance with the provisions thereof, and; that the individual signing below has the authority to certify to these provisions for the applicant organization, and declares that he/she is an authorized official of the applicant organization, is authorized to make this application, is authorized to commit the organization in financial matters, will assure that any funds received as a result of this application are used for the purposes set forth herein, and verifies that all the information contained in this application is valid and true to the best of his/her knowledge. Certified By: Signature Date OWW} 'i ^ (x t.C'A 9/27/2015 Print or Type Name \ \ Title Christine Stansbery Treasurer City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 Page 3 of 3 Exhibit B Claim For Reimbursement City of Port Orchard Lodging Tax Organization Name: Date: Address: City/State/Zip: Federal Tax Identification No. Instructions: 1. Submit the signed claim for reimbursement with supporting documentation attached to: City Clerk, City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366. 2. All claims will be verified by the City Clerk's Office and submitted to the City Treasurer's Office for payment through the City's regular claims approval process. 3. Incomplete or inadequate submissions will likely cause delays. Payee or Vendor Name Reference Description •Please use attached explanation sheet if necessary Project Name Amount Payee or Vendor Name Date Number Description •Please use attached explanation sheet if necessary Project Name Amount Amount Requested for this Reimbursement For City Use ONLY AGREEMENT MAXIMUM Less: PRIOR PAYMENT(s) = (2) BALANCE AVAILABLE $ (1) TOTAL ABOVE ELIGIBLE EXPENSES $ AGREEMENT MAXIMUM Less: PRIOR PAYMENT(s) = (2) BALANCE AVAILABLE $ AGREEMENT MAXIMUM Less: PRIOR PAYMENT(s) = (2) BALANCE AVAILABLE $ Amount Claimed This Request - Lessor of (1) or (2) $ I, the undersigned, do hereby certify under penalty of perjury that the above-described materials have been furnished, services rendered and/or labor performed, and that this claim is a just, due and unpaid obligation against the City of Port Orchard Lodging Tax Fund. Signed Title Date. Reviewed and Confirmed/Adjusted By: .(City Clerk's Office) Date. EXHIBIT C JLARC Municipality Reporting - 2016 Port Orchard Activity Activity Name: Organization: Activity Type: Select One Activity Date: Start Date: End Date: Funds Requested: $1 Awarded: Total Cost of Activity: Attendee Estimates Total projected and estimated actual attendance recorded for event, facility, or resulting from marketing activity Projected Actual Methodology Overall attendance: Attendees who traveled 50 miles or more to attend: Total: of total, attendees who traveled from another state or country: Attendees who stayed overnight: Paid accommodations: Unpaid accommodations: Paid lodging nights: Explain Explain Explain Explain Explain Explain $ Activity Notes: (port ORCHARD Standards Guidelines City of Port Orchard Washington Contract No. 034-14 Submitted by Ambrosini Design February 2015 EXHIBIT D <pOJtt ORCHARD PORT ORCHARD: SCENIC LIFE BYTHE SEA IN A SMALL TOWN COMMUNITY The logo expresses this unique spirit. The interplay between the water, the sky and the land is represented in the relationships of graphic elements: Contrasting yet harmonious use of color and typography are employed for the words "port" and "orchard". The lower edges of the letterforms of the word "Orchard" suggesting the shoreline underscore the important relationship of the town to the water and accentuate the rhythm of the waving lines. The two waving forms create the sense of water movement , tide lapping, and boat wakes as well as offer a suggestion of celebration like streamers in the wind. Their woven relationship refers to the community interchange. CORRECT USE OF THE PORT ORCHARD LOGO The spacing, colors, fonts and size relationships shown must be maintained. Please use the digital file provided only. Do not attempt to recreate the logotype. The logo is created with custom-crafted type forms which can never be replaced by a font. The wave forms can also be used as accent design elements See page six for details. 2 PORT ORCHARD GRAPHIC STANDARDS FULL COLOR PREFERRED VERSION PORT ORCHARD COLOR PALETTE <po*t ORCHARD Port: 76 C 20 Y tpoftt wmmm 160 G 219 B Port: PMS 2995U ONE COLOR LINE ART <po*t ORCHARD tpo&t I <PoSit • 'po-kt ORCHARD I ORCHARD I ORCHARD (pott • <poM ORCHARD I ORCHARD APPROVED VERSIONS AND USAGE OF PORT ORCHARD LOGO Orchard: 79 C 52 Y Orchard: 61 R 117G 186 B Orchard: PMS 300U Wave Green: 36 C Wave Green: 173 R 195 G 64 B Wave Green: PMS 397U Wave Aqua: 57 C Wave Aqua: 82 R 202 G 245 B Wave Aqua: PMS 305U . Use the full color version of the logo whenever possible. If color reproduction is not available, use either the grayscale option or line ait options provided. . Black is the preferred line art option. When using the white line art option follow these guidelines, maintaining the clear space specified on page five. The background can be black or one of the four palette cold's. The white logo may be placed over a photo where there is sufficient contrast between the logo and the photo. See example. Only the white line ait option can be used on a background other than white. The color, grayscale and black options must be placed on a white field using the clear space specified on page five. PORT ORCHARD COLORS a. These four colors provide the palette for all printed applications. When used separately from the logo, these colors can be lightened or darkened if necessary. See examples on page six. 3 PORT ORCHARD GRAPHIC STANDARDS PROHIBITED <polt ORCHARD tpo'd-1DBCMRD RCHARD 'Pott •pott f-D OwsHARD ORCHARD ORCHARD C RCHARD. OWSHARD ORCHARD. QRCHfl p_ 'ORCHARD ORCHARD ORCHARD ( RCHARD ORCHARD ORCHARD ORCHJ <Pt>*t <PMt 'Pttts. <f D ORCHARD ORCHARD QRCRgRD £ PROHIBITED USE OF THE PORT ORCHARD LOGO a. Do not attempt to recreate the logotype. The logo is creat ed with custom-crafted type forms which can never be replaced by a font or reproduction. b. The Port Orchard logo is comprised of three distinct elements: the word "Port", the word "ORCHARD" and the wave forms. No alterations may be made to this configura­ tion. The typography of the Port Orchard logo can never be used separately from the waves. Do not change the size relationship, location of the words or rotation of the type, hi logo use, the waves must not be altered in any way. c. Do not add extraneous effects, crop, compress or stretch, distort, outline, scew or rotate the logo or any of its parts in any way. d. Do not use the logo or any of its parts as a repeating pattern. e. Never crop or place anything on, under, or in front of the logo mark. The logo is never transparent or translucent. f. The Port Orchard logo may only be used in the specified colors, grayscale, black or line art as shown on page three. Use only the official files provided. g. No shape other than a white rectangle should be used for the color version of the logo, when a container shape is necessary. If the logo is being used in white, Follow the clear space guidelines on page five and the color background guidelines on page three. PORT ORCHARD GRAPHIC STANDARDS CLEAR SPACE SPECIFICATIONS b of logo in use » jlfcsHAttp ORCHARD <poU ORCHARD TYPOGRAPHY ITC Century Light Text, subheadings ABCDEFGHIJKLM NOPQRSTUVWXYZ abcdefghijklnopqrs tuvwxyz Franklin Book Gothic Headings and Captions ABCDEFGHIJKLM NOPQRSTUVWXYZ PLACEMENT a. Minimum clear space surround­ ing the logomark must be maintained as shown. Measure­ ments are calculated using a square that is 12% the width of the logo in use. b. The logomark should be placed where there are no visual distractions interrupting it or its clear space. No text, graphic element, stitching, edge etc. should interfere with that clear space. TYPOGRAPHY ITC Century Light Franklin Gothic Book a. In text usage apply the following preferences: The primary font for text and subheadings is ITC Century Light. The primary font for headings and captions is upper case Franklin Book Gothic. b. Consistent and exclusive use of these fonts is critical in reinforcing the continuity of the Port Orchard look and feel. 5 PORT ORCHARD GRAPHIC STANDARDS DESIGN ELEMENTS WAVE ELEMENTS a. The waving lines can be used speparately from the logomark as design devices. b The value of the color can be darkened or lightened for optimum effect, remaining within the family of colors specified in the palette on page three. 6 PORT ORCHARD GRAPHIC STANDARDS