DRAFT AGREEMENT
FOR SERVICES BETWEEN THE CITY OF
The City of Lawrence, Kansas, a
municipal corporation, hereinafter “City”, and Destination Management, Inc. a
In consideration for the mutual
promises and covenants herein, the City and DMI hereby agree as follows:
1. Destination Management, Inc. to operate CVB.
The City does hereby engage and
retain DMI to manage and operate the Lawrence Convention and Visitors Bureau
and to render the services hereinafter contemplated, and DMI does hereby agree
to accept such engagement and to discharge its duties in accordance with the
terms and conditions hereinafter set forth.
2. Relationship of DMI and City.
DMI is engaged and retained as an
independent contractor and not as an officer, agent, servant or employee of the
City. DMI shall be responsible for providing all necessary workers’
compensation insurance, all liability insurance for the wrongful or negligent
acts of its employees, and for all other items incidental to the employment of
individuals in the performance of this agreement. DMI agrees to save and hold harmless the City
from any and all claims and liability of any kind whatever arising from the
conduct of DMI, its agents, servants, officers and employees in the performance
of this agreement.
3. Expenditure of City Transient
(a)
Promotional
Efforts Defined. The Convention and
Visitors Bureau shall encourage, promote, and solicit tourism, visitation, and
conventions to the City of
i. activities to attract visitors into
the community through marketing efforts, including advertising, directed to at
least one of the five basic convention and tourism market segments consisting
of group tours, pleasure travelers, association meetings and conventions, trade
shows and corporate meetings and travel; and
ii. support of those activities and
organizations which encourage increased lodging facility occupancy.
(b)
Transfer,
Accounting and Expenditure of Receipts.
In consideration for the services provided, the City shall transfer, to DMI,
pursuant to the budget adopted by the City Commission and the terms of this
Agreement, certain receipts of the transient guest tax received from the State
Department of Revenue. The City may
budget transient guest tax funds for purposes other than funding this agreement
with DMI. Such periodic transfer of
funds shall be based on budgeted amounts upon receipt of the request of DMI. In the event that receipts shall be less than
the budgeted transient guest tax funds, the City shall be under no obligation
to provide additional funds to DMI. The
parties acknowledge that the City Commission may, in compliance with state law,
budget and expend a portion of transient guest tax funds for such lawful
purposes outside this agreement. DMI shall use the calendar year as its fiscal
year.
The City shall approve the annual budget of
the CVB, and any alterations to that budget in excess of $7,500.00. Any increases or decreases in Convention and
Visitors Bureau’s staffing levels, including part-time and/or temporary staff,
shall require the prior approval of the City.
The City shall approve DMI’s selection of an Executive Director for the CVB. DMI shall provide the City with a monthly listing
of all expenditures within 20 days of the close of each month. The DMI shall
provide for the separate accounting of the receipt and disbursement of such
transient guest tax funds that are transferred to DMI and shall provide an
accounting of the receipt and expenditures of such funds in accordance with
generally accepted accounting principles within 120 days of the end of DMI’s fiscal year.
In the event no such accounting is provided within such time period,
transient guest tax funds shall not be provided to the entity unless and until
the accounting is provided.
4. Convention and Visitors Bureau Advisory Board.
Members of the Convention and
Visitors Bureau Advisory Board shall be appointed by the Mayor, with the
approval of the City Commission, as provided by law. The Board may make
recommendations to the Convention and Visitors Bureau concerning the programs
and expenditures for the promotion of conventions and tourism, and may advise
the CVB staff on all other matters related thereto. The Board may periodically monitor the
finances of the CVB and may make recommendations concerning the Bureau’s annual
budget and any changes made during the budget year. The Board shall approve minutes of their
meetings and submit such minutes to the City Commission. The Board shall make reports to the City
Commission as appropriate.
5. Annual Report to the City Commission.
The Convention and Visitors Bureau
shall report to the City Commission annually, or as frequently as needed or
requested by the City Commission, on the activities and programs of the
Bureau. Such report may include planned
future activities and programs of the Bureau.
6. Termination of Agreement.
This is an agreement for services
and shall bind both parties until terminated.
The agreement may be terminated by providing the other party notice in
writing of termination ninety (90) days in advance. Upon termination of this agreement, DMI shall
deliver to the City all unencumbered transient guest tax funds. This agreement may not be assigned without
the permission, in writing, of both parties.
The laws of the State of
7. Repeal of Prior Agreements. This Agreement repeals all prior
agreements for the funding of CVB operations and activities.
ENTERED INTO this
_____________ day of _________________, 2008.
_____________________________
Sue Hack, Mayor
Attest:
____________________________ _____________________________
Destination Management,
Inc.