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HomeMy WebLinkAbout2011-107 Agrmt - Chamber of Commerce CITY OF ASHLAND Agreement for Services Between City of Ashland And Ashland Chamber of Commerce Agreement between the City of Ashlano (City), the Ashland Chamber of Commerce (Chamber) and the Ashland Visitor and Convention bureau (VCB) for fiscal year 2011-12. Recitals A. The VCB shall receive $293,160 for promoting tourism in Ashland based upon Ashland City Council Resolution 2011-07. 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 provides 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, website development and maintenance, social media promotions, 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 contract, the Chamber will emphasize in its Visitor and Convention Bureau (VCB) activities: . Ashland as a high quality destination in all four seasons. . Ashland as a destination for people of all ages, including families with young and school-aged children . Ashland as a center for cultural, social, economic and intellectual pursuits . Ashland as a center for high quality outdoor recreational opportunities . Ashland as a center for culinary tourism VISITOR AND CONVENTION SERVICES TASKS: 1. The VCB will develop and implement a strategy to maintain or increase 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, performances and amenities of groups that receive 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 using print and electronic media tools, including social media. ~A' 4. The VCB will have an active marketing campaign to encourage and promote visits to Ashland that reinforce the strengths of the community, a's referenced in the SWOT results of the City's Economic Development Strategy 5. The VCB will create, market and promote festivals, events and activities throughout the year, 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 and implement 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 ChamberNCB 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 ChamberNCB shall include data that measures its effectiveness in tourism promotion in its report. At a minimum, the Chamber will analyze the total collection of both transient occupancy tax and food and beverage tax, by quarter, in the contract year over the previous year. The City will assist in providing source data to the Chamber. The report should analyze and describe how. tasks identified in this agreement affected TOT and F&B tax collections. The City also requests that the Chamber work with the City and the lodging industry to collect data and produce reports about occupancy rates in local lodging establishments, by quarter, lodging type, length of stay and other key data 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, including advertising done through electronic means and social media, 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, as well as any statistical data relating to the participation levels of the activities in a format that can track performance over time. . .' . 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 activities 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 Contract. Subject to the terms and conditions of this agreement, the City agrees to provide funds in the amount specified above. 2 ~A' 2. Use of Contract Funds. The use of City funds is expressly limited to the objectives identified in this agreement. 3. Unexpended Funds. Any funds held by the ChamberNCB remaining after the purpose for which the contract 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. The VCB includes in the annual report to the City a) copies of 501(c) (4) 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 contract). ChamberNCB 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 $18.703.00 or more, and if the Contractor has ten or more employees, then Contractor 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. If the VCB is required to pay a living wage, they are also required to post .the attached notice predominantly in areas where it will be seen by all employees. 6. Default. If the VCB/ Chamber fails to remedy any material breach of any of their obligations under the terms of this agreements within 30 days of receipt of written notice from the City of the breach, or if the ChamberNCB fails to expend the contract funds or enter into binding legal agreements to expend the funds within twelve months of the date of this agreement, the City, by written notice of default to the ChamberNCB, 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 funds, payment of interest earned on funds or declaration of ineligibility for the receipt of future contracts from the City of Ashland. 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. ChamberNCB 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 the Chamber/ VCB (including but not limited to, Chamber/VCB employees, agents, and others designated by Chamber/VCB to perform work or services relating to ChamberNCB obligation under the terms of this agreement). ChamberNCB shall not be held responsible for damages caused by the negligence of City or anyone acting in behalf of City. 9. Insurance. ChamberNCB 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 City funds. 3 ~A' 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. ChamberNCB 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 agreem'ent 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. :~y of ^'~ ' ml, ~ Date It, '1/ B 4 ~A'