AGREEMENT FOR SERVICES BETWEEN THE CITY OF LAWRENCE,

KANSAS AND EXPLORE LAWRENCE. TO OPERATE THE LAWRENCE

CONVENTION AND VISITORS BUREAU

The City of Lawrence, Kansas, a municipal corporation, hereinafter “City”, and eXplore Lawrence, Inc. a Kansas not-for-profit corporation, hereinafter “eXplore Lawrence”, do hereby enter into this agreement for services for the operation and management of the Lawrence Convention and Visitors Bureau “CVB” and the associated not-for-profit Lawrence Sports Corporation “LSC”.

In consideration for the mutual promises and covenants herein, the City and eXplore Lawrence hereby agree as follows:

1. eXplore Lawrence, Inc. to operate CVB.

The City does hereby engage and retain eXplore Lawrence to manage and operate the Lawrence Convention and Visitors Bureau and to render the services hereinafter contemplated, and eXplore Lawrence 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 eXplore Lawrence and City.

eXplore Lawrence is engaged and retained as an independent contractor and not as an officer, agent, servant or employee of the City. eXplore Lawrence 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. eXplore Lawrence agrees to save and hold harmless the City from any and all claims and liability of any kind whatever arising from the conduct of eXplore Lawrence, its agents, servants, officers and employees in the performance of this agreement. eXplore Lawrence may not subcontract the work of the CVB to outside agencies, notwithstanding general contracts to vendors for specific programs of work as requested by the organization.

3. Expenditure of City Transient Guest Tax Funds.

(a) Promotional Efforts Defined. The Convention and Visitors Bureau shall encourage, promote, and solicit tourism, visitation, and conferences/conventions to the City of Lawrence. The Convention and Visitors Bureau shall use transient guest tax funds for convention and tourism promotion in accordance with applicable state and City laws, which may include, but shall not be limited to:

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 travel and tourism, including day trip and overnight stays, in Lawrence.

(b) Transfer, Accounting and Expenditure of Receipts. In consideration for the services provided, the City shall transfer, to eXplore Lawrence, 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 eXplore Lawrence. Such periodic transfer of funds shall be based on budgeted amounts upon receipt of the request of eXplore Lawrence. 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 eXplore Lawrence. 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. eXplore Lawrence shall use the calendar year as its fiscal year.

The City shall approve the annual budget of the CVB. eXplore Lawrence shall provide for the separate accounting of the receipt and disbursement of such transient guest tax funds that are transferred to eXplore Lawrence and shall provide an accounting of the receipt and expenditures of such funds in accordance with generally accepted accounting principles within 90 days of the end of eXplore Lawrence’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. Additional TGT funds may be requested throughout the year for special events, above and beyond the annual operating funds, and would be subject to this agreement.

4. eXplore Lawrence Governing Board.

Members of the eXplore Lawrence Governing Board shall be appointed by the Mayor, with the approval of the City Commission, as provided by law. The Board is responsible for monitoring the finances of eXplore Lawrence and will make decisions concerning the 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 annually, or more often as deemed appropriate.  Such reports may include planned future activities and programs of the Bureau.

5. Measurement of Performance.

As part of this agreement, the city requires monthly financial reports from eXplore Lawrence which detail the profit/loss, budget use, a balance sheet and expenditures for the organization.

Performance Measures:  The City of Lawrence encourages eXplore Lawrence to be a data-driven organization. 

Monthly reports should be provided to the City Manager including:

· Reports that indicate the overall economic impact of tourism and sales activities

· Reports for event-specific economic impact for CVB-sponsored or coordinated events

· Monthly transient guest tax collections for the City of Lawrence

· General trends on requests for proposals to hotel properties and sales activities

· General reporting on special event activities and bids

· Marketing and communications activities

· Other timely organizational items of note or requests by the city

eXplore Lawrence shall provide an annual report to the City Commission in February of each year and be able to present such report, if requested by the governing body.

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, eXplore Lawrence 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 Kansas shall govern this agreement.

7. Repeal of Prior Agreements. This Agreement repeals all prior agreements for the funding of CVB operations and activities.

ENTERED INTO this _____________ day of _________________, 2015.

_____________________________  This contract shall be valid until December 31, 2018 but may be amended or reviewed at the request of the governing board or the City of Lawrence.

__________________________

Mike Amyx, Mayor

City of Lawrence, Kansas

Attest:

___________________________                  _____________________________

Diane Bucia, City Clerk                                  Chair

eXplore Lawrence