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HomeMy WebLinkAbout2007-217 Service Agrmt - Chamber of Commerce CITY OF ASHLAND Agreement for Services Between City of Ashland And Ashland Chamber of Commerce Agreement between the City of Ashland (City), the Ashland Chamber of Commerce (CoC) and the Ashland Visitor and Convention bureau (VCB) for fiscal year 2007-08. Recitals A. The VCB shall receive $85,330 for promoting tourism in Ashland based upon Ashland City Council Resolution 2007-08. That amount will be adjusted each year by the amount of inflation or deflation established in the budget process. The amount awarded for FY 2007-08 is $85,330, which will be disbursed in monthly amounts of $7,110.84 for the fiscal year. Expenditures of these funds must meet the requirement of ORS 320.300 through ORS 320.350. B. The CoC shall receive $160,000 for the purpose of economic development in Ashland based upon Ashland City Council Resolution 2004-32. That amount will be adjusted each year by the amount of inflation or deflation established in the budget process. The amount awarded for FY 2006-07 is $169,740, which will be disbursed in monthly amounts of $14,145.00 for the fiscal year. C. The City, CoC and VCB now enter into this Agreement. Pu rpose The City grants funds to the VCB to promote Ashland to visitors traveling from more than 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. The City of Ashland shares responsibility with the CoC to handle economic development functions. Currently the Chamber provides the following kinds of services with funds granted by the City: coordinated marketing, rapid response team to inquiries, relocation services, point-of-contact management and information services, general inquiries, training for local business and coordination with the Small Business Association. The City of Ashland's Comprehensive Plan is the guiding document for all development within the community. The plan incorporates ten specific elements related to development. The economic development element is identified in Chapter 7. ECONOMIC DEVELOPMENT In conducting the work under this grant, the CoC will emphasize in its economic development activities: · The importance of maintaining Ashland's small-town feel · Ashland as a family friendly community that supports its schools and values high quality education. rA' · Ashland's commitment to environmentally sustainable business practices · The high quality of Ashland's workforce and the community's desire for businesses that offer family-wage jobs. · The rich cultural, social, and intellectual traditions of the community. · The importance of Southern Oregon University. · The high value Ashland places on diversity ECONOMIC DEVELOPMENT TASKS 1. Work with the City of Ashland to create an economic development strategy and action plan for the community that includes establishing goals, strategies, objectives, and actions. This strategy will also clearly define the roles and responsibilities of the various agencies working on business retention, expansion, and recruitment in Ashland. 2. Assist the City in reaching out to a broad spectrum of the community in developing the economic development strategy. 3. Continue efforts to retain and expand existing businesses, particularly businesses that are non- tourism related, with an emphasis on additional family wage jobs. The strategies should be based on research on the needs and growth potential of existing businesses. 4. Continue efforts to recruit new businesses to Ashland. As with the business retention and expansion plan, the Chamber should focus on non-tourism related businesses that provide family wage jobs. 5. Develop and provide accurate and timely information to assist businesses interested in locating, expanding, or remaining in Ashland. 6. Provide advice and information to existing businesses that may wish to remain or expand in Ashland. Coordinate with appropriate other agencies, governments, and non profits to assist in business retention and expansion. 7. Provide advice, information, and technical assistance to businesses interested in relocating in Ashland. Coordinate with appropriate other agencies, governments, and non profits to assist in business location decisions. 8. Develop and maintain strong working relationships with agencies and governments that provide financial and technical assistance or training to business. 9. Engage a cross-section of people and organizations in the work supported through this contract. VISITOR AND CONVENTION SERVICES In conducting the work under this grant, the CoC will emphasize in its Visitor and Convention Bureau (VCB) activities: · Ashland as a high quality destination in the winter, spring, and fall as well as the summer. · Ashland as a destination for people of all ages, including families with young and school-aged children · Ashland as a center for cultural, social, and intellectual pursuits · Ashland as a center for high quality outdoor recreational opportunities VISITOR AND CONVENTION SERVICES TASKS: 1. The VCB will develop and implement a strategy 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 VCB industry. 2. The VCB should help the City leverage its investment into cultural and economic development grants by promoting the events and performances of groups that receive small grants from the City. 2 r.t. , 3. The VCB should provide accurate and timely information to potential visitors and on-site information about the community to people who are vacationing. 4. The VCB should have an active marketing campaign to encourage and promote visits to Ashland that reinforce the strengths of the community. 5. The Chamber and VCB committee will assist the City in discussing a possible change in the transient occupancy tax. The Chamber will assist the City in designing and implementing a public outreach strategy for discussion of this issue. 6. The VCB should market and promote festivals and events in the fall and early spring, especially those provided by other recipients of cultural and economic development grants from the City. REQUIRED REPORTING The CoC shall provide an annual report to the Ashland City Council no later than January 31 on its previous year's activities. The report should include: 1. A summary and analysis of the specific steps taken to perform the tasks in this contract for both economic development and VCB activities. 2. Performance Measures. The Chamber shall include data that measures its success in both economic development and in tourism promotion in its report. At a minimum, the Chamber will include data that describes the total number of jobs within Ashland, by major sector (e.g., retail, wholesale, government, etc.) and data that measures the total collection of both transient occupancy tax and food and beverage tax, by quarter, in the grant year over the previous year. The City will assist in providing this data to the Chamber. The report should analyze and describe how tasks identified in this grant agreement affected total jobs and TOT and F&B tax collections. 3. A summary report of Ashland businesses that received direct assistance from the CoC for business retention or expansion. This report should include the total number of businesses that contacted the Chamber or that were contacted by the Chamber. 4. A summary report of prospective businesses the CoC talked with about relocating or opening in Ashland. This report should include the total number of businesses that contacted the Chamber or that were contacted by the Chamber. 5. A report on the variety of specific promotion activities executed for the purpose of attracting visitors to Ashland. Include samples of advertising, which include family, quality of life and educational opportunities. The report should include a description of the specific promotion activities targeted at attracting visitors to Ashland during the fall, winter and spring. Include samples of advertising, which include family, quality of life and educational opportunities. 6. A report about the VCB's analysis of the viability of new festivals and events for supporting additional tourism in the fall and spring, including efforts the VCB made to coordinate with other recipients of cultural and economic grants from the City. 7. A summary report of outreach efforts made by the CoC and Chamber to other organizations, businesses, and people to support the work of this contract. General Provisions 1. Amount of Grant. Subject to the terms and conditions of this agreement, the City agrees to provide funds in the amount specified above. 3 r~' 2. Use of Grant Funds. The use of grant funds is expressly limited to the objectives identified in this agreement. 3. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this agreement is terminated shall be returned to the City within 30 days of completion or termination. 4. Financial Records and Inspection. Grantee includes in the annual report to the City a) copies of 501@ letter, IRS non-profit status and corporate bylaws; b) list of Board members, their occupations, and years on the Board; c) financial statements showing previous year expenses and revenues; d) current and projected budgets (total organization and individual program's funded by this grant). Grantee's report should show the relative share of City funds expended compared to overall project funds. 5. Living Wage Requirements. If the amount of this agreement is $17,342.00 or more, and if the Grantee has ten or more employees, then Grantee 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. Grantees required to pay a living wage are also required to post the attached notice predominantly in areas where it will be seen by all employees. 6. Default. If Grantee fails to remedy any material breach of any of Grantee's obligations under the terms of this agreements within 30 days of receipt of written notice from the City of the breach, or if Grantee fails to expend the grant funds or enter into binding legal agreements to expend the grant funds within twelve months of the date of this agreement, the City, by written notice of default to the Grantee, may terminate the whole or any part of this agreement and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the agreement, stop payment on or return of the grant funds, payment of interest earned on grant funds or declaration of ineligibility for the receipt of future grant awards. 7. Amendments. The terms of this agreement will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. Such written modification will be made a part of this agreement and subject to all other agreement provisions. 8. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from 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 Grantee (including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services relating to Grantee's obligation under the terms of this agreement). Grantee shall not be held responsible for damages caused by the negligence of City or anyone acting in behalf of City. 9. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy. The liability under such policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insures. Certificates of insurance acceptable to the City shall be filed with the City Risk Manager or Finance Director prior to the expenditure of any grant funds. 4 r~' 10. Merger. This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified in this agreement regarding this agreement. Grantee, 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. 11. Dispute Resolution. In the event of any dispute between the parties relating to this agreement, the parties shall attempt alternative dispute resolution (mediation or arbitration) prior to filing any formal legal action. 12. Notices and Representatives. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. City of Ashland Martha Bennett, City Administrator 20 East Main Ashland, OR 97520 Ashland Chamber of Commerce: Sandra Slattery, Executive Director 110 East Main Ashland, OR 97520 This Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver or terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment, consent or waiver shall be effective only in the specific instance and for the specific purpose given. The parties, by the signature below or their authorized representatives, acknowledge having read and understood the Agreement and the parties agree to be bound by its terms and conditions. City of Ashland By 4~ ~~A Title A-DJt.f /IV 51/C.5 IhNMlt:..f2 b,/l.€ c TtJ 1'2-_ , Date c; /Zt.?/zoo7 5 rtl1