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2025-2333Resolution No. 2025-2333 A resolution approving an agreement for tourism promotion and development services between the City of Janesville and the Janesville Area Convention and Visitors Bureau. WHEREAS, the Common Council of the City of Janesville adopted Ordinance 2000-11 on March 13, 2000, which sets a room tax levy and allocates a portion of the revenues produced therefrom to the Janesville Area Convention and Visitors Bureau, Inc. (JACVB) for the purpose of tourism promotion and development; and WHEREAS, Ordinance 2000-11 further states that the payment of room tax revenues to the JACVB shall be made under the terms of an agreement between the City of Janesville and the JACVB for the provision of tourism promotion and development services, activities, promotions, and events; and WHEREAS, the JACVB has been organized as a not-for-profit 501 (c)(6) private corporation whose mission is to lead and support the development of the convention and tourism industry in the greater Janesville area and to create a positive economic impact, thus enhancing the quality of life for area residents; and WHEREAS, the City and the JACVB have negotiated a 2025-2030 Agreement for Tourism Promotion and Development Services, which is attached hereto and incorporated herein as if fully set forth; and WHEREAS, the Common Council of the City of Janesville does hereby find that entering into the Agreement is in the best interest of the citizens of the community; and NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Janesville does hereby approve the attached 2025-2030 Agreement for Tourism Promotion and Development Services with the Janesville Area Visitors and Convention Bureau and authorizes the City Manager to execute the Agreement. ADOPTED: APPROVED: Kevin Lahner, City Manager ATTEST: Lorena Stottler, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: City Manager’s Office & JACVB Prepared by: City Manager’s Office Motion by: Second by: Councilmember Aye Nay Pass Absent Burdick Jackson Marshick Miller Neeno Squire Williams April 14, 2025 Consent X X X X X X X 2025-2030 Agreement for Tourism Promotion and Development Services WHEREAS, the Common Council of the City of Janesville adopted Ordinance 2000-11 on March 13, 2000, which sets a room tax levy and allocates a portion of the revenues produced therefrom to the Janesville Area Convention and Visitors Bureau, Inc. (JACVB) for the purpose of tourism promotion and development; and WHEREAS, Ordinance 2000-11 further states that the payment of room tax revenues to the JACVB shall be made under the terms of an agreement between the City of Janesville and the JACVB for the provision of tourism promotion and development services, activities, promotions, and events; and WHEREAS, the JACVB has been organized as a not-for-profit 501 (c)(6) private corporation whose mission is to lead, support, and promote the region as an outstanding destination, creating a positive economic impact for the community, cultivating resident pride, and enhancing its quality of life; and WHEREAS, the City of Janesville and the JACVB intend that the foregoing provisions are contractual in nature and are not to be construed as mere recitals to this Agreement; NOW, THEREFORE, IT IS AGREED by and between the City of Janesville, a Wisconsin Municipal Corporation with its principal offices located at 18 N. Jackson St., City of Janesville, County of Rock, Wisconsin, 53548 (hereinafter "CITY") and the Janesville Area Convention and Visitors Bureau, Inc. a Wisconsin not-for-profit 501 (c)(6) private corporation, with its principal offices located at 20 S. Main Street, Suite 11, City of Janesville, County of Rock, Wisconsin, 53545 (hereinafter "JACVB") as follows: 1. PURPOSE. The JACVB, solely as an independent contractor, shall serve as Janesville's official tourism entity, operating a tourism promotion program, providing related services for the City of Janesville, and providing "tourism" services to and for the City of Janesville as that term is defined in Section 66.0615(1)(e), Wisconsin Statutes. The CITY shall allocate a portion of the room tax revenues collected annually by the CITY to the JACVB as set forth in paragraph 4 below. 2. TERM. The term of this Agreement shall be for five (5) years commencing on May 1, 2025, and ending on April 30, 2030. This Agreement is renewable on such terms and conditions as the parties agree to in writing. In the event that the JACVB does not desire to negotiate a renewal of this Agreement for another five (5) year period, it shall deliver a notice of intent not to renew the Agreement to the City Manager or his/her designee no later than September 30, 2029. 3. EARLY TERMINATION. Either party shall have the right to terminate this Agreement without cause, upon six (6) months prior written notice to the other party. In the event that a party has good cause for termination, it shall give written notice thereof to the other party, who shall have fifteen (15) calendar days from the receipt of said notice to correct the deficiency described in said notice. Upon failure to timely correct the defect or deficiency, the Agreement may be terminated by providing a written notice of termination delivered to the other party. 4. COMPENSATION. The CITY shall be solely responsible for the collection of all room tax as permitted by Section 66.0615 of Wisconsin Statutes, as from time to time amended or renumbered. The CITY shall allocate a portion of the annual room tax collections to the JACVB as set forth in the City of Janesville Room Tax Ordinance (Sec. 14-84) as amended or renumbered from time to time. The allocation of room tax revenues to the JACVB shall be made monthly, no later than 31 days after the conclusion of the month in which the room taxes were collected. 5. REPORTS. a. The JACVB shall annually, on or before November 1st, prepare and submit to the City of Janesville City Manager or his/her designee and Finance Director a written Annual Budget including work goals; objectives; proposed activities to implement the objectives; and performance measures used to evaluate results. b. The JACVB shall annually, during a regularly scheduled City Council meeting in the month of July, present before the City Council a mid-year update including work objectives for the current year; activities undertaken to achieve objectives; results achieved to date; and preparations for the remainder of the year. 6. AUDITS. The JACVB shall prepare and submit on or before September 1st a financial audit for the previous calendar year, consistent with acceptable accounting practices, to the City of Janesville Finance Director once every three years. In the years where an audit is not required, the JACVB shall prepare and submit on or before September 1st a financial review consistent with acceptable accounting practices. 7. OTHER FUNDING. Nothing in this Agreement is intended to prohibit the JACVB from seeking or receiving additional funding from sources other than the CITY. 8. INSURANCE. The JACVB shall maintain all insurance coverage, such as general liability, workers' and unemployment compensation, directors' and officials' liability, and other insurance coverages necessary to carry out its duties under the terms of this Agreement. 9. INDEMNIFICATION. The parties hereby release each other from all debts, claims, demands, damages, actions and causes of action whatsoever, which may result from the parties' relationship under this Agreement, and further agree to hold each other free and harmless from any claim for damages which may be made by reason of damage or injury to persons arising from the respective party's performance of its duties under this Agreement. 10. NATURE OF RELATIONSHIP. The JACVB shall be deemed an independent contractor and shall not indicate or imply that the CITY has any supervisory or other employment control over the JACVB or the JACVB's officials, officers, employees, or agents, except as outlined in this Agreement. Nothing in this Agreement shall constitute or be construed to be or create a partnership or joint venture among the parties. 11. MISCELLANEOUS. This Agreement may not be assigned without the express written consent of the other party. Such consent shall not be unreasonably withheld. Notwithstanding any provision to the contrary, none of the obligations or benefits contained within this Agreement shall run to or be enforceable by any party other than the parties to the Agreement. This Agreement constitutes all of the agreements and understandings of whatever nature or kind existing between the parties and shall not be changed or modified except in writing and signed by the duly authorized agents of the parties. If any provision of this Agreement shall become invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each and every remaining provision shall be valid and enforced to the fullest extent permitted by law. 12 NOTICES. Except as otherwise provided for in this Agreement, all notices shall be in writing and shall be effective when delivered in person to the other party or if delivered by first- class mail, the next business day after the postmark thereof. Notices shall be delivered as follows: To the CITY: City Manager To the JACVB: City of Janesville P.O. Box 5005 Janesville, WI 53547-5005 Executive Director JACVB 20 S. Main Street, Suite 11 Janesville, WI 53545 Agreed to and accepted this day of , 2025. City of Janesville Kevin M. Lahner, City Manager Lorena Rae Stottler, Clerk-Treasurer Janesville Area Convention and Visitors Bureau, Inc. Joel Schleusner, Chairperson Michelle Ryan, Secretary Resolution 2025-2333 Final Audit Report 2025-04-15 Created:2025-04-15 By:Elizabeth Lopez (lopeze@janesvillewi.gov) Status:Signed Transaction ID:CBJCHBCAABAAj8MLzS3jndpu431tzzaJdyZ_gqWscwWS "Resolution 2025-2333" History Document created by Elizabeth Lopez (lopeze@janesvillewi.gov) 2025-04-15 - 6:52:31 PM GMT Document emailed to Kevin Lahner (lahnerk@janesvillewi.gov) for signature 2025-04-15 - 6:52:35 PM GMT Email viewed by Kevin Lahner (lahnerk@janesvillewi.gov) 2025-04-15 - 6:58:21 PM GMT Document e-signed by Kevin Lahner (lahnerk@janesvillewi.gov) Signature Date: 2025-04-15 - 6:58:29 PM GMT - Time Source: server Document emailed to Lorena Stottler (stottlerl@janesvillewi.gov) for signature 2025-04-15 - 6:58:31 PM GMT Email viewed by Lorena Stottler (stottlerl@janesvillewi.gov) 2025-04-15 - 7:12:20 PM GMT Document e-signed by Lorena Stottler (stottlerl@janesvillewi.gov) Signature Date: 2025-04-15 - 7:12:27 PM GMT - Time Source: server Agreement completed. 2025-04-15 - 7:12:27 PM GMT