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HomeMy WebLinkAboutVisit Tri-Cities - Tri-Cities Visitor and Convention Bureau - Promotion of Tourism 2021-2025RENEWAL AGREEMENT FOR THE PROMOTION OF TOURISM THIS RENEWAL AGREEMENT is entered into between the CITY OF PASCO, a municipal corporation, hereinafter referred to as the "City", and the TRI -CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation, doing business as "Visit TRI- CITIES," hereinafter referred to as the "Bureau." IN CONSIDERATION of the mutual covenants as set forth herein, the parties agree as follows: The Bureau agrees to perform promotional services for the City including, but not limited to, advertising, publicizing and otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion to and within the City. In providing such services the Bureau shall: Develop and implement a marketing and promotional plan that advertises and promotes the Tri -Cities and the City for the purpose of attracting visitors. Appropriate activities would include the production and distribution of a visitor guide, brochures, participation in travel shows, conducting advertising campaigns and other activities designed to promote the attractions of this area in targeted markets. 2. Manage and execute a comprehensive website and digital marketing campaigns designed to educate travelers, drive demand, assist local businesses in staff recruitment & relocation efforts, and complement City economic development strategies. 3. Provide City staff with accurate and detailed information on tourism statistics including but not limited to hotel occupancies, economic impact figures, and group histories to support the City's efforts to recruit businesses within the hospitality industry. 4. Act as a membership organization and liaison to small businesses located in the City of Pasco that are dependent on tourism spending for financial success. 5. Solicit convention business and sports tournaments for the Tri -Cities and the City at the regional and state level through activities such as: A. Making contact with convention and sports planners and executives of organizations and groups to solicit sports, meetings and conventions in the Tri -Cities and the City. B. Researching convention and sports leads and contacting convention representatives of association groups and tournament representatives of sports groups, promoting the Tri -Cities and the City and offering convention and sports planning assistance. Renewal Agreement for the Promotion of Tourism - Page 1 C. Preparing and distributing invitational convention and sports bid packets including information on the Tri -Cities and the City and the convention and sports facilities available therein. 6. Provide prospective sports organization and convention representatives with familiarization tours of venues and convention hotel facilities in the Tri -Cities and the City for the purpose of assisting in the selection of a hotel(s) and/or other venues in which to hold sports tournaments, conventions and meetings. 7. Provide convention chairpersons and/or association executives and sports tournament directors with a bid packet and a planner's workbook to assist in planning conventions and/or sports tournaments. 8. Assist future conventions and sporting events in maximizing attendance through pre -event promotion. Produce promotional videos, collateral material, press releases, display booths and marketing materials to be used twelve to eighteen months prior to the event to increase awareness and create enthusiasm for attendance at Tri -Cities events. 9. Operate a visitor information center in the Tri -Cities to promote the Tri -Cities as a destination of choice and encourage visitors to enjoy local attractions and amenities, driving economic impact. 10. Include advertising material in promotional packets and other releases promoting regular tourism related Tri -City activities and events. 11. Reserve a seat on the Bureau's Board of Directors for representation by the City Manager or City Council Member. 12. Specific activities to be undertaken by the Bureau each year reflecting actions to be taken in the above -noted categories of service shall be detailed in an annual work plan. The work plan will be presented to the City for approval in March of each year. II. For the services herein contemplated and more fully described in the annual work plan, the City agrees to pay the Bureau fifty percent (50%) of the annual average hotel/motel tax receipts of the City collected from the first two percent (2%) levied for the five-year period immediately preceding each year of the contract period. The Bureau shall invoice the City for such services on a monthly basis on the 11t of each month for the services provided the month prior. 1. Provision for Economic Downturn: In the event of an economic downturn wherein there is a -15% decline in hotel/motel taxes over a period of six months the parties agree to a payment for services as described herein. A. The base for comparison will be the same six-month period during the Renewal Agreement for the Promotion of Tourism - Page 2 prior year, or the average of 2017, 2018 and 2019 (whichever is greater). B. The -15% reduction in hotel/motel taxes will trigger a joint conversation between all parties to this contract to establish, in good faith, a mutually agreeable annual contract payment amount. C. Should the parties be unable to come to an agreement the annual contract payment will be adjusted by the same percentage decline experienced over the six-month period identified above. D. The duration of Payment Adjustment will be a minimum of six months, a new calculation will be performed at the end of six months to determine if another six- month adjustment is warranted. If not, normal payment amounts will resume under the normal contract payment amount and be the basis for monthly invoices from the Bureau. 2. Future Annual Contract Payment Calculations: For purposes of calculating the five- year average used to determine the annual contract payment, the annual hotel/motel tax amount for any year in which the provision for an economic downturn is enacted will be replaced with the prior year's annual hotel/motel tax, assuming it is a higher amount, and would serve as the adjusted future annual contract payment amount supporting the basis for monthly invoices from the Bureau. 3. Reporting: On or before August 15 each year, the Bureau shall deliver a mid -year review and provide a written status report detailing the services provided and the activities and accomplishments of the Bureau. A formal presentation to the City Council will be made if requested. III. Pursuant to the governing statute, (Ch. 67.28 RCW), restrictions have been placed on the use of hotel/motel tax funds as set forth in relevant part as follows: "... used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism - related facilities, or operation of tourism -related facilities." RCW 67.28.1815 Funding is conditioned upon the Bureau entering into thisAgreement Agreement setting forth the purposes for which the funds will be used, providing a procedure for a project -end accounting and insuring compliance with the statute. To this end, the parties agree as follows: 1. The Bureau agrees to expend such funds to promote tourism in compliance with Ch. 67.28 RCW. 2. At the conclusion of the calendar year, the Bureau shall provide a complete accounting of the expended funds and the purposes therefore. Renewal Agreement for the Promotion of Tourism - Page 3 3. In the event the accounting indicates that funds were used for purposes not permitted by law, the Bureau shall, within 30 days of notification by City to the Bureau of such improper expenditures, remit the disallowed amount back to the City. 4. The Bureau shall maintain accurate records, regarding expenditure of funds related to its purpose of promoting tourism in compliance with RCW 67.28, to support its annual accounting for a calendar year, which shall be subject to inspection by the City upon 30 days' notice of its intent to inspect the same. 5. Failing of the Bureau to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this Agreement. The remedies available to the City shall include but not be limited to, return of all funds delivered to the Bureau and denial of the right of the Bureau to apply for any future funding. 6. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. IV. This Agreement shall be effective on January 1, 2021, and shall expire on December 31, 2025; provided, however, the City may terminate the Agreement with at least one (1) year written notice delivered to the Bureau. IN WITNE S WHEREOF, the Parties hereto have caused this Agreement to be executed this /OZ" day of , 2020. CITY OF PASCO: APPROVED AS TO FORM: S;wil Ma✓.e- 'Zabe I Kerr guson Law, PLLC oaf y Attorney TRI -CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation d/b/a Visit Tri -Cities APPROVED AS TO FORM: ichael Nova ovich, President & CEO Renewal Agreement for the Promotion of Touris