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HomeMy WebLinkAbout2009-071 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 (Chamber) and the Ashland Visitor and Convention bureau (VCB) for fiscal year 2009-10. Recitals A. The VCB shall receive $275,000 for promoting tourism in Ashland based upon Ashland City Council Resolution 2008-35 on October 10, 2008 and Council direction on February 17, 2009. Expenditures of these funds must meet the requirement of ORS 320,300 through ORS 320.350. B, The City, Chamber and VCB now enter into this Agreement. Purpose 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. VISITOR AND CONVENTION SERVICES In conducting the work under this grant, the Chamber 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 outdoonecreational opportunities . Ashland as a community with sustainability values. 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 will 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, 3. The VCB will provide accurate and timely information to potential visitors and on-site information about the community to people who are vacationing. 4. The VCB will have an active marketing campaign to encourage and promote visits to Ashland that reinforce the strengths of the community, ~~, 5. The VCB will 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, 6, The VCB will develop specific marketing campaigns targeted at attracting visitors in the shoulder and winter season and at extending the length of stays of visitors in the summer months, 7. The VCB will develOp an electronic marketing campaign that encourages return visits and assists in developing a more accurate profile of the types of people who visit Ashland and of the types of activities, events, campaigns, or festivals that would encourage expansion and diversification of the visitor base. REQUIRED REPORTING The Chamber 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 VCB activities. 2. Performance Measures, The Chamber shall include data that measures its effectiveness in tourism promotion in its report. At a minimum, the Chamber will include 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 TOT and F&B tax collections. The City also requests that the Chamber work with the lodging industry to produce reports about occupancy rate in local lodging establishments, by quarter, in such a way that this data can be tracked over time. 3. 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. 4, 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 support other recipients of cultural and economic grants from the City, 5, A report on activitie.s by the Chamber on projects conducted in cooperation with 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. 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. 2 ~~, 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 $18,088 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 dale of this agreement, maintain in force a comprehensive general liability policy. The liability under such policy shall be a minimum of $1,000,000 per occurrence (combined single limit for bodily injury and property damage claims) or $1,000,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" noI "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. 10, Entire Agreement 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, 3 ~.1' 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, Titl ~ Date By Date IL~, , 4 ~~,