HomeMy WebLinkAbout2022-169 Agrmt- Ashland Chamber of Commerce CITY OF
ASHLAND
AGREEMENT FOR SERVICES
between
The City of Ashland
and
The Ashland Chamber of Commerce
This Agreement for Services ("Agreement") is made by and between.the City of Ashland, an Oregon
municipal corporation("City"), and the Ashland Chamber of Commerce, a domestic nonprofit
corporation("Chamber") for Fiscal Year 2022-23.
RECITALS
A. The Chamber has a Visitor and Convention Bureau that promotes the City of Ashland to visitors
traveling from more than fifty(50) miles to Ashland and to visitors who stay overnight in Ashland.
Promotion includes advertising, publicizing, distribution of printed materials, marketing special events
and festivals, conducting strategic planning, visitor center management and research necessary to
stimulate tourism development.
• B. The City has historically provided funds to the Chamber for its Visitor and Convention Bureau to
assist in promoting the City of Ashland to visitors.
C. The City wishes to provide funds to the Chamber for the Fiscal Year 2022-23.
AGREEMENT
•
A. TERM:
This Agreement shall be effective retroactively to July 1, 2022, (the"Effective Date") and shall continue
in full force and effect until and including June 30, 2023.
B. CITY PROVIDED FUNDING:
The City shall provide$446,338.00 (four hundred and forty-six thousand, three hundred and thirty-eight
dollars)to the Chamber in equal monthly installments forthe purpose of promoting tourism in the City
of Ashland. This amount to be provided is based upon Ashland City Council Resolution 2021-03.
Expenditures of the funds must meet the requirements of ORS 320.300 through ORS 320.350.
C. SERVICES TO BE PROVIDED BY THE CHAMBER:
In providing services and conducting any work under this Agreement, the Chamber shall emphasize
through its Visitor and Convention Bureau(VCB) activities that highlight and showcase:
• Ashland as a high-quality destination in the winter, spring, and fall as well as the summer;
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• Ashland as a,destination for visitors of all ages, including families with young and school-aged
children;
• Ashland as a destination for visitors at all levels of the economic spectrum;
• Ashland as a center for cultural, social, and intellectual pursuits; and
• Ashland as a center for high quality outdoor recreational opportunities.
D. TASKS TO BE ACCOMPLISHED BY THE CHAMBER THROUGH ITS VCB:
1. The VCB will develop and implement strategies to maintain current levels of tourism in the summer
months and increase tourism in fall, winter, and spring. This strategy should rely on the best
available research into visitor behavior and best practices in the convention and tourism industry.
2. The VCB will help the City leverage its investment into cultural and economic development
activities by promoting the events, activities and performances sponsored by the City's Park and
Recreation Department, City Band or groups that receive small grants from the City.
3. The VCB will provide accurate and timely information to potential visitors and on-site information
about the community to people who are visiting and/or considering relocation.
4. The VCB will have an active multi-channeled marketing campaign to encourage and promote visits
to the City of Ashland that reinforce the strengths of the community.
5. The VCB will market and promote festivals and events throughout the year that are intended to drive
tourism or visitor economic activity within the City, including those provided by other recipients of
cultural and economic development grants from the City.
6. The VCB will develop and implement specific marketing campaigns targeted at attracting additional
visitors in the shoulder and winter season and extending the length of stays of visitors in the summer
months
7. The VCB will develop and implement marketing strategies and campaigns that encourage return
visits and that also provide accurate and updatable visitor profiles,both demographic and economic,
to align with existing and potential new types of activities, events, campaigns, or festivals to
encourage expansion and diversification of the visitor base and the local economy that supports it.
8. The VCB will continue to expand the utilization of social media and other emerging marketing and
communication tools to effectively target and reach existing, returning and new visitors.
9. The VCB, Travel Ashland committee members and City staff will jointly develop realistic program
goals and performance measures intended to provide tracking information and analytics on the
success of the above tourism marketing Tasks. The goals and performance measure results will be
presented in the Required Reporting of this Agreement.
E. REQUIRED REPORTING:
The Chamber shall provide Performance Measure reports quarterly through the term of this Agreement
and an annual written report to the Ashland City Council no later than January 31 on its previous
calendar year's activities. The annual written report shall include the.following:
1. A summary and analysis of the specific steps taken to perform the tasks set forth in this Agreement
and their effectiveness in meeting City-VCB jointly adopted Performance Measure goals. The report
will include recommendations for future adjustments to the tourism marketing and outreach efforts,
including proposed updates to the Performance Measures and goals, and the supported festival and
event activities.
2. Performance Measures. The quarterly and annual reports shall include goal and performance
measure data analytics (including website traffic and conversions, social engagement analytics,
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travel industry exposure, etd.) that indicate the effectiveness of each marketing activity in tourism
promotion, including data that measures and analyzes the impact of the VCB efforts on the total
collection of both transient occupancy tax and food and beverage tax, by quarter, in the grant year
over the previous year. The reports shall also include data on occupancy levels, room nights and
room rates in local lodging establishments, by quarter, as available and shall work with the City and
the tourism industry to improve the accuracy and accessibility of data over time. The reported
information will include a comparative analysis of Ashland's tourism and lodging market against
most likely competitor locations and recommendation for improving tourism activity in the City of
Ashland.
3. Information on the variety of specific promotion activities executed for the purpose of attracting
visitors to Ashland and an evaluation of each activity for effectiveness or return on investment.
Include samples of advertising emblematic of efforts to reach the visitors and markets described
above and targeted within individual marketing strategies and campaigns.
4. The Chamber's analysis of the viability of new festivals, events,programs and activities that could
support and expand tourism during the times of the year where capacity exists, including efforts the
Chamber made to support other recipients of cultural and economic grants from the City.
5. Information on the activities by the Chamber conducted in cooperationwith other organizations,
businesses, and people to support the services and work required by this Agreement, including a
calculation of leveraged volunteer and donation investment.
F. GENERAL PROVISIONS:
1. Use of Funds. The use of funds provided by the City is expressly limited to the objectives identified
in this Agreement.
2. Unexpended Funds. Any funds provided by the City to the Chamber that remain after the purpose
for which the funds were provided or this Agreement expires or is terminated shall be returned to the
City within thirty(30) days of completion, expiration, or termination.
3. Financial Records and Inspection. The Chamber shall also include the following documents in its
annual report to the City: a) copies of its 501c letter,.IRS non-profit status, andcorporate bylaws; b)
a list of its Board members, their occupations, and years 6n the Board; c) financial statements
showing previous year expenses and revenues; d) current and projected budgets (total organization
and individual programs funded by this grant). The Chamber's report shall show the relative share
of City funds expended for any project compared to overall project funds.
4. Living Wage Requirements. If the amount of this Agreement is $24,050.68 or more, then Chamber
is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3.12,to all
employees and subcontractors who spend 50% or more of their time within a month performing
work under this Agreement. The Chamber is also required to post the,notice attached hereto as
"Exhibit A"predominantly in areas where it will be seen by all employees.
5. Default. If the Chamber fails to remedy any material breach of any of Chamber's obligations under
the terms of this Agreement within thirty(30) days of receipt of written notice from the City of the
breach, or if Chamber fails to expend the funds provided or enter into binding legal agreements to
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expend the funds within twelve(12) months from the Effective Date of this Agreement, the City, by
written notice of default to the Chamber, may terminate this Agreement and may pursue any
remedies available at law or in equity. Such remedies may include, but are not limited to,
termination of this Agreement, stop payment on or return of the funds, payment of interest earned on
funds provided or declaration of ineligibility for the receipt of future awards by the City.
6. Amendments. The terms of this Agreement may not be waived, altered, modified, supplemented, or
amended in any manner except by written instrument signed by the parties. Such written
amendment will be made a part of this Agreement and subject to all other provisions.
7. Indemnity. The Chamber agrees to defend, indemnify, hold harmless, and save the City, its officers,
employees and agents from and against any and all losses, claims, actions, costs, expenses,
judgments, subrogation's, or other damages resulting from injury to any person(including injury
resulting in death,) or damage (including loss or destruction)to property, of whatsoever nature
arising out of or incident to the performance of this Agreement by Chamber(including but not
limited to, Chamber's employees, agents, and others designated by Chamber to perform work or
services relating to Chamber's obligation under this Agreement). However, the Chamber shall not
be held responsible for damages caused by the sole negligence or intentional misconduct of the City,
its officers, employees, or agents.
8. Insurance. The Chamber shall, at its own expense, at all times during the term of this Agreement,
maintain in force a policy or policies of comprehensive general liability insurance, including
coverage for contractual liability for obligations assumed under this Agreement. The liability under
each policy shall be a minimum of$2,000,000 per occurrence(combined single limit for bodily
injury and property damage claims) or$2,000,000 per occurrence for bodily injury and$100,000 per
occurrence for property damage. Liability coverage shall be provided on an"occurrence" basis. The
City of Ashland, including its officers, employees and agents shall be named as an additional
insured. Endorsements acceptable to the City shall be filed with the City prior to the expenditure of
any funds provided to the Chamber hereunder. The Chamber shall at its own expense provide
Worker's Compensation insurance in compliance with ORS 656.017, which requires subject
employers to provide Oregon Workers' Compensation coverage for all their subject workers.
9. Merger. This Agreement constitutes the entire understanding between the parties. There are no
understandings, agreements, or representations, oral or written, not specified in this agreement
regarding this agreement. The Chamber, by the signature below of its authorized representative,
acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms
and conditions.
10. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice shall
be given in writing to the other party: by personal delivery, by sending via a reputable commercial
overnight courier, or by mailing using registered or certified United States mail, postage prepaid, to
the address set forth below:
If to the City of Ashland: If to the Ashland Chamber of Commerce:
Joseph L. Lessard Sandra Slattery, Executive Director
20 East Main Street 110 East Main Street
Ashland, Oregon 97520 Ashland, Oregon 97520
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8/19/22, 10:52 AM img135.jpg
11. Governing Law: This Agreement shall be governed by the laws of the State of Oregon without
regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this
Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive
jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for
the district of Oregon.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their
respective names by their duly authorized representatives as of the dates set forth below.
CITY OF ASHLAND: ASHLA i • : i •MMERCE:
/
By: aez,. . - % B l���L: '��—
Jo eph s :rd, City Manager
Printed Name: (kcirk S i w •
Date: 03/2-2_ Title: (5 (ite.aNtoC e_
Date: g ''q — av--
•
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https://mail.google.com/mail/u/0/#inbox/FMfcgzGgPzKbPKcFtjpVfLFSMFN RtLzh?projector=1&messagePartld=0.1 1/1
Exhibit A
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described WAG E
below must comply with City
of Ashland laws regulating
payment of a living wage.
1 7,0 2 per hour,effective June 30,2022.
alk The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
Employees must be paid a portion of the business of of health care,retirement
living wage: their employer,if the 401K,arid l9@6
dIRSele
employer has tenor more cafeteria plans(inciutlsng
employees.and sreceived childcare)benefits to the
Farad his worked under a financial assistance kr the employees amount clwages_
service contract between their priest or lac mess from the
employee and the City of Cdy of Ashland GOT > Note: For temporary and
Ashtar�dtf item contract
ROWS; part-tie employees,the
exceeds$24,05068 ormore_
Living Wage does not apply
> If their employer is the City of in the fust 1040 hours nuked
➢ For all hours worked in a Ashland,including the Parks in any calendar year. For
month,dhe empioyee and Recreation Department. more details,please see
spends 50%or more of the Ashland Municipal Code
employee's time in that month > In calculating the living wage, Section 112.020.
working an a poled or employers may add the value
For additional information:
Call the Ashland City Managers office at 541-488-60D2 or write to the City Manager,
City Hall,20 East Main Street,Ashland,OR 97520,or visit the City's website at wrww_ashlandor us.
Notice to Employers: This notice must be posted in areas where it can be seen by all employees_
CITY OF
ASH LAN D
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