Attachment I 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 2004-05.
Recitals A. The VCB shall receive $80,432 for promoting tourism in Ashland. That amount will be adjusted each year by the amount of inflation or deflation established in the budget process. 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. That amount will be adjusted each year by the amount of inflation or deflation established in the budget process. C. The City, CoC and VCB now enter into this Agreement to identify their roles and responsibilities. D. Fund allocations are based on Ashland City Council resolution 2004-11.
Purpose The City relies on the VCB to promote Ashland to visitors travelling from more than 50 miles to Ashland and/or 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 [CH] and research necessary to stimulate tourism development. The City of Ashland has established a system of shared responsibility with the CoC to handle typical economic development types of needs. Currently the Chamber provides the following kinds of services: coordinated marketing, rapid response team to inquiries, relocation services, point-of-contact management and information services, general inquiries, [CH], training for local business and coordination with the Small Business Association.
1 CITY HALL 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us
Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900
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. The CoC will [CH] emphasize, in its economic development activities, the importance of maintaining Ashland’s small-town feel and portraying Ashland as a family friendly community that supports its schools and places great value on the quality of education offered.
Overall Objectives Retention and Expansion of Existing Business The CoC will develop and implement on-going strategies on retaining and expanding existing businesses, particularly those businesses that are non-tourism related, in Ashland with an emphasis on creating additional family wage jobs. I
Methodology: Adopt an aggressive and focused business retention plan, which is research and relationship based.
II
Promotion: Offer assistance to all City of Ashland cultural and economic development grant recipients to make them aware of the wide array of business support resources in Ashland, southern Oregon and the State of Oregon.
III
Service Delivery: Organize processes by which any existing business interest may acquire accurate and timely information with regard to making a business expansion decision to stay in Ashland.
IV
Advocacy: Establish multiple pathways in which a local business may acquire specialized support in growing their business, to include conduits to other agencies, governments, applicable organizations or existing community leadership for the purposes of retaining jobs in Ashland.
New Business Development The CoC will develop and implement on-going strategies with emphasis on creating new family wage jobs by attracting new businesses to Ashland. The strategy will focus on non-tourism related businesses. I
Methodology: Adopt an aggressive and focused new business recruitment plan, which is research and relationship based.
II
Promotion: Attract the attention of potential new businesses through networking, making personal or telephone contact, organizing special events.
2 CITY HALL 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us
Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900
III
Service Delivery: Organize processes by which any outside business interest may acquire accurate and timely information with regard to making a business location decision in favor of Ashland.
IV
Advocacy: Establish multiple pathways in which a potential new business may acquire specialized information on which to base their decision to locate in Ashland, to include conduits to other agencies, governments, applicable organization or existing community leadership for the purposes of creating jobs in Ashland.
Tourism The VCB will develop and implement a year-to-year strategy to maintain current levels of tourism in Ashland and increase tourism from November through February, known as the shoulder season. [KJ] I
Methodology: Adopt an aggressive and focused tourism promotion plan, which is research and relationship, based.
II
Promotion: Focus on promoting visits to Ashland during the shoulder season, with services and support prioritized for Economic and Cultural Development grant recipients [CH].
III
Service Delivery: Organize processes by which visitors may acquire accurate and timely information with regard to making a trip to Ashland and by which once in town, visitors can acquire accurate information about the community.
Accountability Develop mechanisms for tracking progress, measuring success, auditing finances and reporting to the Ashland City Council on a yearly basis. Present a progress report on current fiscal year activities at least annually at a council meeting [CH]. General Expectations I Retain or create jobs through business assistance programs measured by job retention or expansion. II
Create new business and employment opportunities measured by job creation.
III
Maintain or increase the number of outside dollars spent in Ashland retail, service and lodging businesses as measured by increased revenues and transient occupancy tax revenue.
IV
Reach out to other City of Ashland cultural and economic development grant recipients to [CH] assist them with their efforts.
3 CITY HALL 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us
Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900
Specific Requirements The COC shall [CH] provide an annual report to the Ashland City Council no later than January 31 on its previous year’s activities, which shall at a minimum consist of the following: I
Provide a report of Ashland businesses, which received direct assistance from the CoC for the purposed of retaining or creating new family wage jobs in Ashland.
II
Provide a report of prospective businesses the CoC made presentations to for the purpose of attracting new jobs to Ashland.
III
Provide a report of local and regional partnerships developed and maintained for the CoC for the purpose of business retention and development including but not limited to: SOWAC, SOREDI. AGA. Include documentation of supportive efforts including but not limited to offering educational workshops, cross promotion and web links.
The VCB shall [CH] provide an annual report to the Ashland City Council no later than January 31 on its previous year’s activities which, shall at a minimum consist of the following: I
Provide 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.
II
Provide a report on the variety of specific promotion activities executed for the purpose of attracting visitors to Ashland during the shoulder season. Include samples of advertising, which include family, quality of life and educational opportunities. [KJ]
General Provisions 1. Amount of Grant. Subject to the terms and conditions of this agreement and in reliance upon Grantee's approved application, the City agrees to provide funds in the amount specified above. 2. Use of Grant Funds. The use of grant funds are 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 shall maintain a complete set of books and records relating to the purpose for which the grant was awarded in accordance with generally accepted accounting principles. Upon reasonable notice to Grantee, City shall have the right to inspect said books and records and supporting documents relating to the use of grant funds and grantees organizational budget [CH] at
4 CITY HALL 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us
Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900
Grantee’s business premises, provided that City shall not copy or remove said books, records or documents from Grantee’s premises without the consent of Grantee, which consent shall not be unreasonably withheld. The data and entries in any such books, records and supporting documents that are copied by City shall remain the confidential information of Grantee and shall not be made public records by City. City shall protect the confidentiality of such data and entries and shall not disclose or permit the disclosure of the same except as required to enforce the terms of this agreement in the event of a breach of this agreement by Grantee. [CH is concerned that this paragraph does not require the Chamber to provide the same information as the organizations competing for grants. CH is suggesting that having the Chamber adhere to the same provision-of-information standards as other applicants is appropriate because it receives a larger sum of money, is not required to invest in proposal writing, receives a higher % of their budget from City, and implements tourism promo activities we must track.] CH submitted the following copy for council consideration as a replacement to the above. Grantee includes in the annual report to the City proof of the grantee’s non-profit status, corporate bylaws, financial statement showing previous year expenses and revenues, and current projected budgets, (total organization and individual programs) funded through this agreement. All financial information provided shall include other non-grant related funding sources and expenditures. 5. Living Wage Requirements. If the amount of this agreement is $15,713.00 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 perform or observe any of the covenants or agreements contained in this agreement or 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, subrogations, 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).
5 CITY HALL 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us
Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900
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's Risk Manager or Finance Director prior to the expenditure of any grant funds. 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. 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: Gino Grimaldi City Administrator 20 East Main Ashland, OR 97520 Ashland Chamber of Commerce Sandra Slattery 110 East Main Ashland, OR 97520 This Agreement constitutes the Entire Agreement between the parties. There are no understanding, agreement, 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 signatures 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__________________________
6 CITY HALL 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us
Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900
Title_________________________ Date_________________________ Ashland Chamber of Commerce and Visitor and Convention Bureau By__________________________ Title_________________________ Date_________________________
7 CITY HALL 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us
Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900
Attachment II CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND 20 E Main Street Ashland OR 97520 (541) 488-5300 FAX: (541) 488-5311
GRANTEE: «Company» Address: «Address» «City», «State» «PostalCode» Telephone: «WorkPhone»
Term of this agreement: July 1, 2004 to June 30, 2005 Amount of grant: «GrantAmount» Budget subcommittee: Economic and Cultural Development
Contract made the date specified above between the City of Ashland and Grantee named above. RECITAL: City has reviewed Grantee's application for a grant and has determined that the request merits funding and the purpose for which the grant is awarded serves a public purpose. City and Grantee agree: 1. Amount of Grant. Subject to the terms and conditions of this contract and in reliance upon Grantee's approved application, the City agrees to provide funds in the amount specified above. 2. Use of Grant Funds. The use of grant funds are expressly limited to the activities in the grant application with modifications, if any, made by the budget subcommittee designated above. Grantee will report in writing on the use and effect of granted monies compared to the original request (as modified) per the following: a. Within 90 days of the event completion (Single event applications) b. As part of a subsequent application for grant funds from the City c. Within 90 days of the budget fiscal year Grant applicants awarded less than $2,500 are encouraged to maintain documentation to this effect but are not required to submit a report unless requested by the City except under 2 b. above. 3. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this contract is terminated shall be returned to the City within 30 days of completion or termination. 4. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating to the purpose for which the grant was awarded in accordance with generally accepted accounting principles. Grantee gives the City and any authorized representative of the City access to and the right to examine all books, records, papers or documents relating to the use of grant funds. 5. Living Wage Requirements. If the amount of this contract is $15,964 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 contract. Grantees required to pay a living wage are Grant Contract 2004-05
also required to post the attached notice predominantly in areas where it will be seen by all employees. 6. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in this contract or 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 contract, the City, by written notice of default to the Grantee, may terminate the whole or any part of this contract and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the contract, 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 contract 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 contract and subject to all other contract 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, subrogations, 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 attendant to this agreement). Grantee shall not be held responsible for damages caused by the negligence 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 including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, and owner's and contractor's protective insurance. The liability under each 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 insureds. Certificates of insurance acceptable to the City shall be filed with the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. 10. Merger. This contract constitutes the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified in this contract regarding this contract. Grantee, by the signature below of its authorized representative, acknowledges that it has read this contract, understands it, and agrees to be bound by its terms and conditions.
GRANTEE
CITY OF ASHLAND
By ___________________________
By____________________________________ Finance Director
Title __________________________ Date _________________________________ By ___________________________ Account Number:____________ (for City use only)
Grant Contract 2004-05
