Tourism Development Commission (Meets on the first Tuesday at 1PM)
Regular MeetingSuperior, WI · April 7, 2022
Minutes
PROCEEDINGS
TOURISM DEVELOPMENT COMMISSION
Thursday April 7, 2022
The meeting was called to order by Chair Graskey at 3:00 pm in 204 in the Government Center.
1.Roll Call
Members Present: Lindsey Graskey (chair), Bruce Barron, JoAnn Jardine, Pattie Soliday
City Staff Present: Mayor Paine, Deputy Clerk Becken, Contract Analyst Jane Darwin
Members of Public: Shelley Nelson, Taylor Pederson, John Gidley, Briana Fiandt, Knute
Pedersen, Butch Liebaert, Denny Bee, Dick Smith, Randy Freeman, Dennis Alma, Jeff
Cushman, Lester and Debbie Mattison, Ray Beanto, Del and Karen Kangas, Terry
Lundberg, Ryan Jack
2. Approve Minutes from 3/8/2022, 3/10/2022
Motion by Commissioner Barron, seconded by Commissioner Jardine to approve.
Commissioner Soliday mentioned request to have financials added to future meeting
agendas. Motion passed. Commissioner Soliday requested the agenda be taken out of order
due to visitors interested in Bong center. Commission agreed.
3. Recommendation for Bong
Mayor Paine introduced the grant application, sharing his view that the state statutes
regarding tourism money include money for museums and he expects the other museums in
the city to apply.
Executive Director Gidley presented future vision for Bong Center. Commissioner Barron
reflected on existing grant proposal, noting that the marketing-centered narrative of Gidley
was not reflected in the grant application. Bong Center was asked to update their grant
proposal and resubmit, focusing more clearly on the marketing strategy and tools Gidley
talked about in order to better fit the commission’s interpretation of the tourism statute,
including a budget for how the money will be spent in terms of marketing rather than a
blanketed ‘operating’ request. Commissioner Barron will be meeting with the Bong Center
reps to further discuss accounting and finances.
4. Review Swim Contract
Commissioners reviewed contract section by section with Contract Analyst Darwin
available. Modifications were made to clear up use of ‘city’ vs ‘tourism development
commission’ and adjusted in part 5 and part 26. Commissioner Soliday asked for
clarification in part 28 regarding trademark law. Contract Analyst Darwin will seek
Tourism Development Commission, 4/07/2022 Proceedings Page 1 of 2
clarification from Swim and make the adjustments noted by commission. Contract held in
committee until next meeting.
5.Recommendation for Travel Superior request on Welcome Center
Discussion among commissioners concerning submitted proposal with Executive Director
Pederson available online. Commissioners requested a re-draft that includes updated
financials to reflect income from all the different sources Travel Superior works with and
anticipated expenses in a more line by line format, as there were some things under
‘operating costs’ that led to further questions—mainly the mention of ‘rent’. Commissioner
Soliday noted that the budget is not likely to be completely exact and that other expenses
may arise, and the commission will be open to future requests concerning the welcome
center.
Travel Superior staff agreed to resubmit and include the requested break down of anticipated
income and operational expenses. Commissioner Barron asked they include their accounting
and bookkeeping plans for the future, requesting a separate accounting method ie check
book that is separate from the Chamber of Commerce. Commission to hold this in
committee until Travel Superior resubmits. Per Travel Superior request--commissioners that
have questions for Travel Superior, please direct them through Chair Graskey so they can
stay together in 1 email chain and dialog.
Commissioner Soliday questioned the visitor guide and possible distribution. Commissioner
Barron thought Swim was handling the visitor guide. Commission asked for clarification, so
they can approach possible distribution in the future.
6. Commissioner Jardine Discussion and Presentation on Film Incentive
Held in commission due to time constraints on room—to be addressed in next meeting April
14th at 3:00 PM.
7. Adjourned until April 14th at 3:00 PM—room TBD
Respectfully submitted by Stephanie Becken, Deputy City Clerk
Tourism Development Commission, 4/07/2022 Proceedings Page 2 of 2
Agenda
1 Tourism Development Commission 4/7/22
AGENDA (Amended 4.6.22)
TOURISM DEVELOPMENT COMMISSION
Thursday, April 7, 2022, 3:00 P.M. – 4:30 P.M.
Government Center 204
Video call link: https://meet.google.com/mrg-qyha-ahw
Or dial: (US) +1 617-675-4444 (PIN: 748 150 271 0548#)
Mission Statement: “The Superior Tourism Commission will develop, market, and promote Superior
as a destination for visitors to stay and enjoy our natural landscape, culture, arts,
parks, and businesses.”
Commissioners: Lindsey Graskey (Chair), Keith Kern (Council Representative), Bruce Barron,
JoAnn Jardine, and Pattie Soliday
1. Roll Call
2. Approval of Minutes 3/8/22, 3/10/22
3. Review Swim Contract
4. Recommendation for Bong proposal
5. Recommendation for Travel Superior request on Welcome Center
6. Commissioner Jardine Discussion & Presentation on Film Incentives
7. Adjournment
Notice is hereby given that a majority of the members of the Common Council may be present at
the meeting, and although this may constitute a quorum of the Common Council, the Council will
not take any action at this meeting.
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Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate
in the public meeting process, please call (715) 395-7200 by 4:30 p.m. on the day prior to the scheduled meeting
date (OR dial 711 for Telecommunications Relay Service). The City will attempt to accommodate any request
depending on the amount of notice received.
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In compliance with Wisconsin Open Meetings Law, this agenda was posted on 4/06/2022 at the following locations: Superior Government Center,
Douglas County Courthouse, and online at https://www.ci.superior.wi.us/agendacenter. It was also emailed to the Superior Public Library and the
Superior Telegram, and PACT.
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PROCEEDINGS
TOURISM DEVELOPMENT COMMISSION
Thursday March 8, 2022
The meeting was called to order by Chair Graskey at 12:45 pm in 201 in the Government Center.
1.Roll Call
Members Present: Lindsey Graskey (chair), Keith Kern, Bruce Barron, JoAnn Jardine,
Pattie Soliday
City Staff Present: Mayor Paine, Clerk Ramos (online), Deputy Clerk Becken
Members of Public: Jenny Van Sickle (online), Shelly Nelson (online), Katie Anderson
(online), Steve Greenfield (online), Lindsey Mancini (online), Laura Krueger (online),
Taylor Pedersen, Jeff Cushman, Mark Liebaert
2.Approve Minutes from 2/17/2022
Motion by Councilor Kern, seconded by Commissioner Jardine and carried.
3. Tourism Proposal Interviews
1. Creative Arcade Presentation: Jeff Ruprecht, Talyn Riedesel, Phil Davidson with follow
up questions from commission
2. Swim Creative Presentation: Patrice Bradley, David Sadowski, Bill Nelson, Tyler
Johnson, Stephanie Dunaiski with follow up questions from commission
3. Travel Superior Presentation: Taylor Pedersen, Lindsey Mancini, Laura Krueger, Steve
Greenfield with follow up questions from commission
4. Commissioner discussion on proposals
Chair Graskey acknowledged the differences in questions based on the differences in
proposals and presentations. Commissioner Barron shared he felt the commission did well
in sticking to questions that reflected the presentation and the proposals, adding that some
presented their finance side differently than others, and that led to different questions.
Councilor Kern motioned the group hold any more discussion until the Thursday, March
10th meeting, and asked for an earlier meeting time. Motion to modify the original meeting
time to meet 45 minutes earlier: Thursday, March 10th at 2:15 in room 270. Seconded by
Commissioner Jardine. Carried. Deputy Clerk Becken requested commissioners to read the
agenda carefully in case there is a change in location due to the time change.
5. Commission adjourned at 5:00
Respectfully submitted by Stephanie Becken, Deputy City Clerk
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PROCEEDINGS
TOURISM DEVELOPMENT COMMISSION
Thursday March 10, 2022
The meeting was called to order by Chair Graskey at 2:55 pm in 217 in the Government Center.
1.Roll Call
Members Present: Lindsey Graskey (chair), Keith Kern, Bruce Barron (online), JoAnn
Jardine, Pattie Soliday
City Staff Present: Mayor Paine, Clerk Ramos (online), Jane Darwin (online), Terry
Johnson (online) Deputy Clerk Becken
Members of Public: Shelley Nelson (online), Scott Walling (online), Rob Sandstrom
(online), Briana Fiandt, John Gidley, Knute Pederson, Terry Lundberg, Jeff Cushman,
Taylor Pedersen
2. Commissioner Discussion on Marketing Proposals
Each commissioner shared their assessments and opinions of the three presentations.
Discussions focused on the strengths and weaknesses of each submitted proposal and
presentation. Councilor Kern motioned to award the advertising contract to Travel Superior.
No second, motion failed.
3. Recommendation on Marketing contract
Commissioner Soliday motioned to recommend awarding Swim Creative with advertising
contract. Commissioner Jardine seconded. Through roll-call vote: Barron: yes, Soliday: yes,
Jardine: yes, Graskey: yes, Kern: no. Motion passed. Request was made for Contract
Analyst Jane Darwin and Finance Director Puetz to proceed with creating a contract.
4. Recommendation for Bong Museum/Visitor Center grant proposal
Commissioner Barron moved to hold this topic in committee until a future date after Travel
Superior has answered the questions presented by Commissioner Soliday and Chair
Graskey. He would like an opportunity to have Travel Superior available at that future
meeting to discuss more. Commissioner Jardine seconded. Motion passed.
5. Recommendation for Travel Superior request on welcome center
Commission to hold in committee until next meeting, so everyone can read the proposal.
6. Adjournment
Commissioner Soliday asked for more financial details in coming months as the funds come
available to the commission. She requested information on hotel/motel tax rolls and possible
convention center study information.
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Adjourned until Thursday, April 7th at 3:00 p.m. in room 270 (Becky Scherf)
Respectfully submitted by Stephanie Becken, Deputy City Clerk
5 Tourism Development Commission 4/6/22
Professional Services Agreement
Between
The City of Superior
and
Swim Creative, LLC
This Professional Services Agreement, made this ____ day of _____, 2022, by and
between, Swim Creative, LLC, a Minnesota limited liability company (herein known as
‘Consultant’), and the City of Superior, a municipal corporation (herein known as ‘City’).
The parties to this Agreement shall be bound by the following terms and conditions.
RECITALS
A. The City issued a Request for Proposals, 21-26-CLK, ‘Tourism Marketing
Services’ (the ‘RFP’), incorporated herein by reference, seeking proposals from
vendors for providing marketing services (the ‘Services’). The goal of the
Services is to promote tourism for the City, which shall include but not be limited
to maintaining and promoting commercial, hospitality and service sectors, which
is intended to have significant impacts on the tourism growth of the City. The
Services shall be provided in compliance with legislation, Wisconsin State Statute
66.0615.
B. The Consultant responded to the RFP by submitting a proposal (the ‘Proposal’)
attached hereto as Exhibit A and incorporated herein by reference, and the City
desires to enter into an Agreement with the Consultant for the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenant and conditions, and
other good and valuable consideration, the City and the Consultant hereby agree as
follows:
1. Term
The term of this agreement shall be from the date of the agreement through December 31,
2024, unless terminated as otherwise provided in the Agreement. This agreement may be
extended in additional three (3) year increments, subject to mutual agreement of terms
and conditions, unless terminated earlier in accordance with the terms and provisions to
this agreement.
2. Services and Fees
Consultant shall provide the Services for each calendar year, of the Agreement, for a not
to exceed amount of two hundred fifty thousand dollars ($250,000.00). Such payment
shall be full compensation for services performed or services rendered and for all labor,
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materials, supplies, equipment and incidentals necessary to complete the services. All
other expenditures shall be the sole responsibility of the Consultant.
Changes to services and/or fees must be agreed upon by both parties and acknowledged
in writing in an amendment and signed by both parties. If a request for services falls
outside of the not-to-exceed portion of the Services, Consultant must notify the City of
Superior in writing for prior approval. All other expenditures shall be the sole
responsibility of the Consultant.
3. Payments
Consultant may invoice the City of Superior on a monthly basis during the progress of
the work for partial payment on account for work completed and accepted to date, and
shall not impose any penalties or interest for amounts invoiced. The invoice shall be
itemized and in a form satisfactory to the City, of expenses incurred in the previous
period. Each invoice statement shall include a record of time expended and work
performed in sufficient detail to justify payment. The City shall pay agreed upon amounts
within thirty (30) days of receipt.
4. Reporting Requirements
Consultant shall provide the City written quarterly progress reports no later than thirty
(30) days following the end of calendar year quarter. Progress reports shall include key
performance indicators relative to the Services. Also, at least quarterly, the Consultant
shall provide an oral report of the Consultant’s recent activities during a regularly
scheduled Superior Tourism Commission meeting. Upon Request, the Consultant will
provide additional requested information needed by the City in order for the City to be in
compliance with Wisconsin State Statute 66.0615.
5. Work Product
Prior to receiving funding, the Consultant shall annually present, for City approval, an
Action Plan which will provide detail, the Consultant program for the upcoming year and
the Consultant’s plan for achieving these goals.
General Terms and Conditions
1. No Relationship. Consultant understands and agrees that the relationship of
Consultant and the City arising out of this agreement is that of a contracted service
provider, not an employee or contracted employee of the City or any other entity within
the municipality, and therefore, is not entitled to any benefits provided to employees of
the City.
2. Taxes. Consultant will act as an independent contractor and will be responsible for all
federal, state and local taxes arising in accordance with this contract, as well as any other
taxes, fees or licensing expenses pertaining to these services.
3. Confidentiality. Consultant shall diligently protect the confidentiality of any
information, documentation or communication received from the City that contains
personal, financial or other information of a confidential nature, and shall not disclose
7 Tourism Development Commission 4/6/22
said information to any other persons, organizations or entities without the expressed
written approval of the City.
4. Qualifications. By accepting this agreement, Consultant represents that they possess
the necessary skills and qualifications to perform work under this agreement. Consultant
will comply with all applicable local, state, and federal licensure requirements.
5. Legal Relations. Recommendations, policies, procedures and other communications
provided by the Consultant under this agreement will comply with all applicable laws,
ordinances, rules and regulations promulgated and enforced by the City. The Consultant
shall comply with and observe federal, state and local laws that may be applicable. In
carrying out provisions of this Agreement, exercising power or authority granted to the
Consultant thereby, there shall be no personal liability to the City, it being understood
that in such matters the City acts as representatives of the State. The Consultant is not an
agent of the State.
6. Assignment of Agreement. The Consultant shall not subcontract, assign or transfer
any part of this work to any other parties without the express written agreement of the
City.
7. Claims. Claims, disputes and other matters in question arising from the performance
of this contract shall be brought to the City of Superior, Tourism Commission, whose
decision shall be final.
8. Ownership of Documents. All documents, including any intellectual property rights
thereto, prepared and submitted by the Consultant or any party pursuant to this
Agreement shall become the property of the City of Superior on completion and
acceptance of any of the Consultant’s work (unless otherwise agreed upon in advance)
and shall be delivered to the City of Superior upon request.
9. Indemnifications. Consultant hereby agrees to indemnify, defend and hold harmless the
City its elected and appointed officials, officers, employees, agents, representatives and
volunteers, and each of them, from and against any and all suits, actions, legal or
administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees,
costs, and expenses of whatsoever kind or nature in any manner directly or indirectly
caused, occasioned, or contributed to in whole or in part or claimed to be caused,
occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or
negligence, whether active or passive, of Consultant or of anyone acting under its direction
or control or on its behalf, even if liability is also sought to be imposed on the City, its
elected and appointed officials, officers, employees, agents, representatives and volunteers.
The obligation to indemnify, defend and hold harmless the City, its elected and appointed
officials, officers, employees, agents, representatives and volunteers, and each of them, shall
be applicable unless liability results from the sole negligence of the City, its elected and
appointed officials, officers, employees, agents, representatives and volunteers.
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Consultant shall reimburse the City, its elected and appointed officials, officers, employees,
agent or authorized representatives or volunteers for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. In the event that Consultant employs other persons, firms, corporations or entities
(subconsultant) or volunteers as part of the work covered by this Agreement, it shall be
responsibility of the Consultant to require and confirm that each sub-consultant enters into
an Indemnity Agreement in favor of the City, its elected and appointed officials, officers,
employees, agents, representatives and volunteers, which is identical to this Indemnity
Agreement.
This indemnity provision shall survive the termination or expiration of this Agreement.
10. Insurance
Consultant shall provide up-to-date, accurate professional liability information on
Consultant’s Data Record, including amount of insurance, deductible, carrier and
expiration date of coverage. Consultant shall furnish the City with an endorsement for
earlier notice of cancellation and/or non-renewal and the Certificate of Insurance showing
the type, amount, deductible, effective date and date of expiration of such policy.
Consultant shall not cancel or materially alter this coverage without prior written approval
by the City. Consultant shall be responsible for consultants maintaining professional
liability insurance during the life of their Agreement and for 2 years after final acceptance
for the service.
Consultant and its subconsultants retained under the terms of this Agreement shall procure
and maintain professional liability insurance providing for payment of the insured's
liability for errors, omissions or negligent acts arising out of the performance of the
professional services required under this Agreement.
It is hereby agreed and understood that the insurance required by the City is primary
coverage and that any insurance or self-insurance maintained by the City, its officers,
council members, agents, employees or authorized volunteers will not contribute to a
loss. All insurance shall be in full force prior to commencing work and remain in force
until the entire job is completed and the length of time that is specified, if any, in the
Agreement or listed below whichever is longer.
1. PROFESSIONAL LIABILITY
A. Limits
(1) $1,000,000 each claim
(2) $1,000,000 annual aggregate
B. Must continue coverage for 2 years after final acceptance for service/job
2. GENERAL LIABILITY COVERAGE
A. Commercial General Liability
(1) $1,000,000 each occurrence limit
(2) $1,000,000 personal liability and advertising injury
(3) $2,000,000 general aggregate
B. Claims made form of coverage is not acceptable.
C. Insurance must include:
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(1) Premises and Operations Liability
(2) Contractual Liability
(3) Personal Injury
3. BUSINESS AUTOMOBILE COVERAGE
A. $1,000,000 combined single limit for Bodily Injury and Property Damage
each accident
B. Must cover liability for Symbol #1 - "Any Auto" - including Owned,
Non-Owned and Hired Automobile Liability.
4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY
A. Must carry coverage for Statutory Workers Compensation and an
Employers Liability limit of:
(1) $100,000 Each Accident
(2) $500,000 Disease Policy Limit
(3) $100,000 Disease - Each Employee
5. UMBRELLA LIABILITY - Provide coverage at least as broad as the underlying
Commercial General Liability, Automobile Liability and Employers Liability, with
a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a
maximum self-insured retention of $10,000.
6. ADDITIONAL INSURANCE PROVISIONS
A. Primary and Non-contributory requirement - all insurance must be primary and
non- contributory to any insurance or self-insurance carried by City
B. Acceptability of Insurers - Insurance is to be placed with insurers who have an
A.M. Best rating of no less than A- and a Financial Size Category of no less than
Class VII, and who are authorized as an admitted insurance company in the state
of Wisconsin.
C. Additional Insured Requirements - The following must be named as additional
insureds on the General Liability and Business Automobile liability coverage
arising out of project work - City. This does not apply to Workers Compensation
Policies.
Deductibles and Self-Insured Retentions - Any deductible or self-insured retention
must be declared to and approved by the City.
D. Evidences of Insurance - Prior to execution of the Agreement, the Consultant shall
file with the City a certificate of insurance (Accord Form 25-S or equivalent)
signed by the insurer's representative evidencing the coverage required by this
Agreement.
11. Deficiencies. Consultant shall not be entitled to payment for work found deficient or
failing to conform to the requirements set forth in this agreement, and is not entitled to
further payments until corrected to the satisfaction of the City of Superior. The City will
inform the Consultant of any deficiencies and/or items that do not conform to this
agreement within thirty (30) days of receipt.
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12. Termination. Without Cause. This Agreement may be terminated by either party
without cause upon ninety (90) days written notice to the other. In the event of
termination, Consultant shall be paid for undisputed services performed to the
termination date. The results of the work by Consultant shall immediately be turned over
to the City of Superior, and is a condition of final payment.
For Cause. If either party fails to perform any obligation pursuant to this Agreement, and
such party fails to cure its nonperformance within 30 days after notice of nonperformance
is given by the non-defaulting party, such party will be in default. In the event of such
default, the non-defaulting party may terminate this Agreement immediately for cause
and will have all remedies that are available to it at law or in equity including, without
limitation, the remedy of specific performance. If the nature of the defaulting party’s
nonperformance is such that it cannot reasonable be cured within 30 days, then the
defaulting party will have such additional periods of time as may be reasonably necessary
under the circumstances, proved the defaulting party immediately (A) proves written
notice to the non-defaulting party and (B) commences to cure its nonperformance and
thereafter diligently continues to completion other cure of its nonperformance. In no
event shall any such cure period exceed 90 days. In the event of such termination for
cause, payment shall be made by the City to the Consultant for the undisputed portion of
its fee due as of the termination date.
13. Warranty of Documents. The City, its representatives, employees, and agents make
no representations of the accuracy of documents, procedures, etc., provided to Consultant
under this Agreement, and shall not be held liable for the inadequacy thereof. To the
greatest extent possible, any document, procedure, etc., provided by the City for the
purposes of the Services that cannot be utilized as reliable information by the Consultant
shall be noted as such by the City in the transmittal of the material.
14. Entire Agreement. This Agreement contains the entire understanding of the parties
with respect to the matters contained herein, and supersedes all other written and oral
agreements between the parties with respect to such matters.
15. Modification. This Agreement is binding only when signed by both parties. Any
modifications or amendments must be in writing and signed by both parties.
16. Force Majeure. Each party shall be excused from any breach of this Agreement
which is causes by war, strike, and act of Nature or other similar circumstances normally
deemed outside the control of well-managed businesses.
17. Governing Law. The Agreement will be interpreted, and the rights and liabilities of
the Parties determined, in accordance with the laws of the State of Wisconsin.
18. Headings and Captions. Headings and Captions appear solely for convenience of
reference. Such headings and captions are not part of this agreement and shall not be
used to construe it.
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19. Validity. If any provision or provisions of this Agreement shall be held to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
20. Integrated Agreement. This Agreement contains the entire agreement and
understanding among the Parties regarding the matters set forth herein and supersedes all
previous negotiations, discussions, and understandings regarding such matters. The
Parties acknowledge and represent that they have not relied on any promise, inducement,
representation, or other statement made in connection with this Agreement that is not
expressly contained herein. The terms of this Agreement are contractual and not a mere
recital.
21. Safety and Security. The Consultant shall at all times perform in a safe and
workmanlike manner to avoid injury or damage to any person or property. The
Consultant shall comply with applicable requirements and specifications relating to the
safety, health and sanitation measures applicable to the Services
The City may halt progress on the Services where appropriate safety measures and
equipment are not being used or any safety regulations are not being followed. Services
will not be permitted to resume until required safety provisions have been made and
delays as a result of this provision will not be considered a basis for an increase in the
Agreement price or an extension of the completion deadline.
22. Appropriation. State and/or Federal funds may be used to fund all or part of this
Agreement. Allowances detailed for the Services shall be awarded at the City’s
discretion, and is subject to available funding, the Services progress and other terms and
conditions as identified by the City. The City will not be held liable for any damages
incurred due to changes in State or Federal funding, including (but not limited to) a
reduction, delay, or cancellation of the Services.
24. Non-Discrimination. Upon execution of this Agreement, Consultant agrees as
follows: Consultant and all Subcontractors do not discriminate against any employee,
applicant for employment, independent contractor, or any other persons because of race,
color, religion, sex, sexual orientation, gender identity, or national origin.
25. Non-Exclusive Contract. This Agreement is entered into with the understanding and
agreement that it is for the sole convenience of the City. The City reserves the right to
obtain like goods and services from another source when necessary.
26. Website Hosting and Maintenance Terms. Examples of support/maintenance
services that the Consultant is not responsible for include, but are not limited to, photo
manipulation or image alteration, graphic design, third-party data management system
management and search engine marketing. Examples of copywriting services that the
Consultant is not responsible for include, but are not limited to, rewriting sentences,
restructuring paragraphs, checking for typing errors (proofing), misspellings, or any
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changes made to City’s web site(s) by other parties. The Consultant is not responsible for
third-party plugins that become unusable or obsolete.
The Consultant will not repair City’s website(s) that become compromised, hacked or
otherwise infected prior to authorizing the Maintenance Package provided by the
Consultant. Recovery or repair of the City’s website is not guaranteed. Availability of
backups is not guaranteed. The Consultant has no control over the policies of search
engines or directories with respect to the type of sites and/or content that they accept
now or in the future. The City’s website(s) may be excluded from any search engine
or directory at any time at the sole discretion of the search engine or directory entity.
The City guarantees any elements of text, graphics, photos, designs, trademarks or
other artwork provided to the Consultant for inclusion on the website are owned by
City, or that City has received permission from the rightful owner(s) to use each of
the elements, and will hold harmless, protect, and defend the Consultant and its
subcontractors from any liability or suit arising from the use of such elements. From
time to time governments enact laws and levy taxes and tariffs affecting Internet
electronic commerce. City agrees that they are solely responsible for complying with
such laws, taxes, and tariffs, and will hold harmless, protect, and defend the Consultant
and its subcontractors from any claim, suit, penalty, tax, or tariff arising from City’s
exercise of Internet electronic commerce. The Consultant is not responsible for
trademark or copyright research, and is not liable for infringement on any existing
copyrights or trademarks.
27. Social Media Management Terms. The City guarantees any elements of text,
graphics, photos, designs, trademarks or other artwork provided to the Consultant for
inclusion on social media are owned by the client, or that the client has received
permission from the rightful owner(s) to use each of the elements, and will hold
harmless, protect, and defend the Consultant and its subcontractors from any liability
or suit arising from the use of such elements. From time to time governments enact
laws and levy taxes and tariffs affecting social media. The City agrees that they are
solely responsible for complying with such laws, taxes, and tariffs. Because this is a
collaboration with the client, the Consultant does not guarantee explicit results. The
Consultant is not responsible for any and all potential liabilities including but not
limited to those that are a result of breaches of private information over the internet;
The Consultant is not responsible for any and all potential legal risk connected with
hacking attacks against site users or "followers" of the City's social media page(s);
the Consultant is not responsible for any and all legal consequences including but
not limited to, consequences of data leakage of third party confidential data because
of social media use. The City will hold harmless, protect, and defend the Consultant
and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the
Consultant’s management of client’s social media.
28. General. Any outside costs that are processed by Swim Creative are subject to a
15% markup. Media is subject to a 15% commission. Therefore, a portion of the budget
may be devoted to markups and commissions. If production is necessary, production total
can vary by 10% depending on final production details. Therefore, a portion of the budget
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may be devoted to production variances. For all steps that require client approval, two (2)
rounds of revisions are allowed. Therefore, a portion of the budget may be devoted to
additional rounds of revisions. Swim Creative is not responsible for trademark or
copyright research, and is not liable for infringement on any existing copyrights or
trademarks. Swim Creative recommends copyright and/or trademark research by an
outside legal firm. Final, approved and paid-for names/taglines/logos/artwork are the sole
property of the client. Swim Creative retains rights to use client
names/taglines/logos/artwork for promotional uses.
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In Witness Whereof, the parties, intending to be legally bound have executed this
agreement on the day and year set forth above.
Signatures
Name: Swim Creative, LLC
Address: 3 West Superior Street, Duluth, MN 55802
Phone: 218-722-1404
__________________________________
ATTEST: CITY OF SUPERIOR, WISCONSIN
______________________________ ___________________________________
Jim Paine, Mayor Camila Ramos, Clerk
______________________________ ___________________________________
Ashley Puetz, Finance Director Frog Prell, City Attorney
Provision has been made to
pay the liability that will
accrue under this contract.
Approved by the Superior Common Council on:
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Exhibit A
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Proposal for Superior-Douglas County Welcome Center Funding
Issued On: 02/25/2022
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Prepared for:
The Superior Tourism Commission
Attention: Chair Lindsey Graskey
City of Superior
1316 N. 14th St.
Superior, WI 54880
Travel Superior Contact:
Taylor Pedersen
President/CEO
Travel Superior
205 Belknap St.
Superior, WI 54880
105 Tourism Development Commission 4/6/22
Thank you for the opportunity for the Superior-Douglas County Visitor Bureau, Inc.,
known to the public as Travel Superior, to submit this proposal for financial support of
the Superior-Douglas County Welcome Center.
We have had the honor and privilege of promoting City of Superior tourism since 2015,
under the effective Travel Superior brand since 2017. Prior to that, we have operated a
welcome center or information center since 1964 within Superior or Douglas County and
currently operate the only co-branded Travel Wisconsin Welcome Center north of WI
Highway 64.
As just mentioned, we have the privilege to be branded a Travel Wisconsin Welcome
Center which aids to the visibility of the state as well as our Welcome Center. What this
means is that we strongly collaborate with the WI Department of Tourism on
programming, best practices, promotional efforts and in recent years public health
guidance. Travel Superior and the Welcome Center serve as the primary conduit
between our region and Travel Wisconsin.
As you’ll see in the pages that follow, we are uniquely qualified to promote and
showcase many of our community’s assets. Our Welcome Center serves as a gateway
to our community and the State of Wisconsin. On average we assist approximately
20,000 visitors annually and have aided nearly 28,000 visitors at its peak during the last
five years.
We are hopeful you will continue to see the value our Welcome Center provides to the
traveling public visiting our region and have approached this proposal to operate our
Welcome Center as an independent entity within our organization.
Please reach out if you have any questions and we look forward to discussing how we
can best serve the City of Superior and its visitors.
Best Regards,
Taylor L. Pedersen
President & CEO
106 Tourism Development Commission 4/6/22
About Travel Superior and our Welcome Center
Company Name: Superior-Douglas County Visitor Bureau Inc. dba Travel Superior
Company Structure: 501 (c)(6) Non-Profit
Primary Contact for This Proposal: Taylor Pedersen
taylor.pedersen@superiorchamber.org
Telephone: 715-394-7716
Administrative Office Physical Address: 205 Belknap St.
Superior, WI 54880
Welcome Center Physical Address: 305 Harborview Parkway
Superior, WI 54880
EIN: 82-3816137
Incorporated: 2017, during 2017 and prior, Travel Superior was the tourism arm
of The Superior Chamber.
Governance: There is no private ownership in the operations of Travel Superior.
Management leads the day-to-day operations of the organization as
well as Welcome Center and oversight comes from an elected
board of directors made up of community leaders and industry
professionals, including the City of Superior Mayor.
Mission: Our mission is to market Superior-Douglas County as a premier
travel destination outside the region through tourism promotion and
development.
Commitment to DEAI:
Our organization is committed to the success of the tourism sector, our staff and the
community through engagement on topics of equity, diversity, accessibility and inclusion. We
are committed to creating an inclusive business community for all, and promote a welcoming
and enjoyable experience for all visitors.
# of Total Employees: 5 # of Employees at our Welcome Center: 3
107 Tourism Development Commission 4/6/22
What is a “Welcome Center”?
Although it may go by many names – Welcome Center, Visitor Center, Information
Center, Tourist Information Center we call our “center” the Superior-Douglas County
Welcome Center. Often, we will include the words Visitor Information to clarify what
key service we provide.
The goal of a typical Welcome Center is to provide visitors with a location for transient
visitor services and information on the area's attractions, lodging, maps, and other items
relevant to tourism. Often, these centers are operated in an airport, attraction, rest stop
or other port of entry to a destination.
The Superior-Douglas County Welcome Center offers free visitor and travel information
for Superior, Douglas County and the State of Wisconsin to both locals and non-local
visitors. We are staffed for one-on-one travel advice on lodging, dining, shopping,
attractions, recreation, events and more. We also have multiple self-serve display racks
stocked with Wisconsin based tourism publications, travel guides, brochures and maps.
Our Welcome Center offers a friendly experience to individuals of all abilities, has
substantial parking for all types of vehicles, is located near two outdoor parks with play
areas, and has paved walking trails that overlook the Superior Bay as well as Barker's
Island.
108 Tourism Development Commission 4/6/22
What Sets Travel Superior and the Superior-Douglas County
Welcome Center Apart
Travel Superior is uniquely positioned as the lead organization promoting tourism in the
Superior and Douglas County area. We have a phenomenal marketing team that have
exceptional experience in their areas of expertise. Our team on the front lines include
three staff directly assisting our visitors at our Welcome Center located just inside the
lobby area of the Richard I Bong Veterans Historical Center. This space currently has a
lease agreement through 2025. Current we operate seven days per week May-October
and five days a week (Tuesday-Saturday) the remainder of the year.
Our unmatched understanding of Superior, the surrounding area and its assets
positions our staff to be experts on local tourism and attractions. We provide hundreds
of pieces of literature at no cost to our visitors, many of these include rack cards from
regional businesses who pay to have materials placed in our Welcome Center or have
advertised in our publications. We also promote all local attractions (museums/parks) as
well as all lodging properties free of charge. The Welcome Center extensively carry
information from around the state of Wisconsin as well as limited materials from Canada
and our neighboring states. Our staff provide a personal touch on all visitors we assist
and communicate with our hotel properties on availability, weekly. Giving back to the
community is another way we engage with visitors and our community by organizing
annual clothing drives that offer community support.
Our Welcome Center is more than just a great place to visit and find local tourism
information it is an extension of the northern hospitality our region’s visitors appreciate.
All are welcome at our Center and those who visit us leave with customized information
and recommendations to meet their unique interests and budgets.
109 Tourism Development Commission 4/6/22
Financial Request
Research shows that visitors experiencing a Welcome Center increase their value and
economic impact to the city that they are visiting following that experience. These tourist
services are not self-sustaining and typically require subsidized financial support from
local government or private entity. The Welcome Center run by Travel Superior, will not
fund itself or generate enough revenue to maintain current operations, even with
efficient operations and seasonal staffing fluctuations.
Travel Superior and the Superior-Douglas County Welcome Center respectfully request
a contract from April 2022 through December 2025 in the amount of $84,158 (annual) to
operate a Superior based Welcome Center with the following annual budgetary areas:
Operational Costs $22,060
Promotions and Branding $10,500
Allocation of Payroll $51,598
$84,158
Reporting
Historically Travel Superior has provided the City of Superior with quarterly visitor
counts. Moving forward, Travel Superior will provide the Superior Tourism Commission
with a monthly visitor count number and an annual report documenting a summary of
the operations and activities of the Superior-Douglas County Welcome Center at the
end of each contract year.
Payment
Payment is requested to be made at the beginning of each contract year. The process
for payment and timeline will be negotiated with anticipated payment to begin April
2022.
Confidentiality
This proposal in part or in its entirety is property of the Superior-Douglas County Visitor
Bureau, Inc. dba Travel Superior and is not to be shared in any form (digital, written or
verbal) with any individual, entity or third party without written permission of Taylor
Pedersen, President and CEO.
110 Tourism Development Commission 4/6/22
Thank You
Thank you again for the opportunity to present this proposal. For the many reasons
outlined on the preceding pages, Travel Superior already does and will continue to
provide the best value and service for this necessary component of local tourism. And
recognize that this is an investment being made by the City of Superior and the Superior
Tourism Commission. We look forward to your response, and as always, we thank you
for your support shown toward tourism in the City of Superior. Please stay safe and
healthy.
Superior incentive for Lodging and Catering specifically for the film industry
$20,000 Fund
25% rebate
Benefits the hospitality industry: Having this incentive will encourage them to sleep here and hire our
caterers. I talked to the owners of Superior Roux Catering company. They are thrilled at the possibility of
feeding film crews. We could also include dining out at restaurants. A $20,000 Fund guarantees $80,000
in food / lodging would be spent – or 1,000 hotel rooms at $80/night that would otherwise go to Duluth.
No risk: There is no financial risk to us. No funds go out until they have spent money here in Superior. If
all the money doesn’t get used this year, we can roll it into next year. If the fund runs out of money, we
could reload more money into it.
Need to act quick: There are several film projects coming to the Duluth area starting this month that will
need lodging. Duluth hotels are filling up and the filmmakers are currently looking for places to stay. If
this can get up and running quickly we could catch May / June productions, but they are booking now. If
we don’t catch those, we would need to wait until at least Q3- maybe even next year - for productions
to come because the St Louis County incentive will be full very soon, once that incentive is dried up
producers with look elsewhere for rebates.
Delayed pay-outs: We will not have to pay out for quite a while. It will be months before we see any
receipts. Typically, the project has at least 90 days to submit their receipts post wrap then it needs to be
audited and then refunded…. we could expect reports for June productions to come in mid-September.
Example: There is one movie coming that needs housing for 35-40 crew members, depending on how
many people they can hire locally. Many projects last 3-6 weeks with people coming and going during
that time.
Questions?
JoAnn Jardine
715-392-2747
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