HomeMy WebLinkAboutC-2892(l�G -Zo
C It c6
AGREEMENT FOR SERVICES
FY 2014 -2015
City of Arcadia and Arcadia Chamber of Commerce
This Agreement for Services ( "Agreement ") is entered into this'Prd day of July, 2014
by and between the Arcadia Chamber of Commerce ( "Chamber "), a not - for - profit
organization, and the City of Arcadia ( "City "), a municipal corporation and charter city.
RECITALS
A. The City and the Chamber have long cooperated concerning issues and projects of
mutual interest to the Arcadia civic and business community.
B. The Chamber has in the past provided, and desires and intends to provide in the
City's fiscal year ( "fiscal year ") 2014 -2015, various services to the City, as described
hereinafter.
C. For many years, the City has, pursuant to a certain lease entered into by the City
and the Chamber in or about December 2011 (the "Lease "), provided to the Chamber at a
below market lease rate the full use of a certain City -owned building at 388 W. Huntington
Drive, Arcadia ( "Leased Premises "), in support and recognition of the Chamber's ongoing
services to the City, and the Lease extends through December 2, 2016.
D. The City desires and intends to make payment to the Chamber in the amount of
$72,000 for certain business and economic development, marketing, civic promotion and
similar services to be provided by the Chamber to the City during fiscal year 2014 -2015, as
set forth in Exhibit "A" attached hereto (the "Services ").
E. As additional consideration for the provision of the Services by the Chamber to the
City, the City separately desires and intends to make available the sum of $40,000 for
purposes of the City undertaking certain additional improvements to the Leased Premises
( "Improvements "); provided that the Improvements shall be specifically described and
proposed in writing by the Chamber and shall be subject to the City's review and approval
in its sole and absolute discretion, shall meet the budget limitation of $40,000 in the
aggregate, and shall be deemed to comprise the second year improvements of a three
year $120,000 program to upgrade the Leased Premises.
F. The Chamber desires and intends to provide the Services to the City in
consideration for the City's payments and appropriation of funds as described herein.
AGREEMENT
Now, therefore, the City and the Chamber do hereby agree that the foregoing Recitals are
true and correct and are incorporated into this Agreement and made a part hereof as if
fully set forth herein, and further agree as follows:
A. Responsibilities of the Chamber
1. The Chamber is and shall serve as an independent organization entirely
separate from the City, and shall operate under its own bylaws as a
membership organization serving the interests of business in the greater
Arcadia area. For purposes of this Agreement, the Chamber is and in all
respects shall be deemed to be an independent contractor.
2. The Chamber shall provide to the City during fiscal year 2014 -2015 the
Services set forth in Exhibit "A" attached hereto and incorporated herein by
reference.
3. On or before January 1, 2015 but no sooner than December 15, 2014, and
again on or before May 15, 2015, but no sooner than May 1, 2015, the
Chamber shall submit to the City a written progress report describing in
reasonable detail the Chamber's performance and provision of the Services
under this Agreement for the period July 1, 2014 through the date of said
report.
B. Responsibilities of the C
1. In consideration of the provision of the Services by the Chamber to the City
during fiscal year 2014 -2015, the City shall (1) make payment to the
Chamber of the sum of seventy -two thousand dollars ($72,000), payable in
equal quarterly installments, the first of which is due on or before July 21,
2014 (the "Payment for Services "); and (2) make available for expenditure
by the City the sum of forty thousand dollars ($40,000) for purposes of the
City undertaking and completing the Improvements, and thereafter
completing the Improvements, as described in and subject to the conditions
set forth in the Recitals hereinabove.
C. Review and Inspection of Chamber Records
On or before September 30, 2014, the Chamber shall provide to the City a
complete and accurate financial statement of the Chamber for fiscal year
2013 -2014 (i.e., ending June 30, 2014). On or before September 30, 2015,
the Chamber shall provide to the City a complete and accurate financial
statement of the Chamber for fiscal year 2014 -2015 (i.e., ending June 30,
2015).
2. The City and its representatives shall have the right to review and /or audit
the records of the Chamber to verify that the Chamber is providing the
Services and making reasonable and appropriate expenditures from the
Payment for Services in furtherance of providing the Services For this
purpose, the Chamber shall make available to the City and its
2
representatives all records of the Chamber to allow the accomplishment of
review and audit during normal business hours of the City, upon reasonable
demand by the City.
D. Amendment
This Agreement may be amended by mutual written consent of the parties.
E. Termination
This Agreement shall be deemed to commence on July 1, 2014 and shall
extend through June 30, 2015 (the "Term "). This Agreement may be terminated
earlier by either party giving the other party written notice of termination;
provided that such notice of termination shall be given at least 180 days prior to
the effective date of termination and shall be transmitted by email, facsimile,
U.S. mail or personal delivery to the person or persons occupying the indicated
position(s) of the other party signing this Agreement.. The rights, duties and
responsibilities of the City and the Chamber shall continue for the period
between the notice of termination and the effective date of termination. Any
portion of the Payment for Services due and owing to the Chamber following
such notice of termination shall be prorated to cover only the period up to the
effective date of termination, and any portion of the Payment for Services
already made to the Chamber for the remainder of the period following the
effective date of termination shall be prorated and promptly refunded to the City
by the Chamber to cover the period following the effective date of termination.
Notwithstanding any provision of this Agreement to the contrary, Section C of
this Agreement entitled, "Review and Inspection of Chamber Records" shall
survive the Term and any termination of this Agreement.
F. California Law
This Agreement shall be governed by the laws of the State of California.
[SIGNATURE ON THE NEXT PAGE]
In witness whereof, the parties have executed this Agreement as of the date first set forth
hereinabove.
CHAMBER:
President
Arcadia Chamber of Commerce
Dated: -7 - I U -- 1 y
Chief Executive Officer
Arcadia Chamber of Commerce
Dated: 7 - 4G ZY
Ell
CITY:
Dominic Lazzar
City Manager
Dated:
ATTEST:
LidIIAA,#&q J11A NA.-A 1 7
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
EXHIBIT "A"
Services Provided by Arcadia Chamber of Commerce
to the City of Arcadia
FY 2013 -2014 and Projected for 2014 — 2015
The Chamber shall provide the following services to the City:
Public Relations
A. Maintain regular office hours with qualified personnel.
B. Provide accurate and timely information and market the City and business
areas to hundreds of residents and business people who walk -in, phone,
write, e -mail, or fax the Chamber each month.
C. Prepare and maintain the monthly community calendar of civic group events.
D. Provide as many new Arcadia residents as requested through the water
department statement with a "welcome" package within one month of City
notification; the package shall include materials provided by the City.
E. Provide information on Arcadia to realtors for a "business relocation"
package which commercial agents give to new businesses in the City.
F. Prepare and make available a civic directory which lists all civic, cultural,
social, educational, and business groups, addresses, meeting dates, etc.
G. Through the Board and Committee structure (e.g., Taste of Arcadia
Committee, Government Affairs Forum, Ambassador Meetings), and
Chamber functions (Business Mixers, Networking Breakfasts, various
legislative gatherings and forums, Citizen of the Year Award & Installation
Dinner, Business Awards Lunch, and Taste of Arcadia) bring civic leaders
and City /Agency staff together with business people and citizens every
month.
H. Develop and maintain social media network to promote Chamber, City, and
business activities and news, including Chamber web site with calendar,
Facebook, Twitter, and Instagram, and any new technologies that develop.
II. Business Development
A. Under the Taste of Arcadia Committee, organize and hold at least one
annual "Business Expo" as part of the Taste of Arcadia. Consider holding
additional business expos as demand dictates to market Chamber business
member products and services to each other and to the community. The
City will be provided free and prominent space at the Expos.
B. Prepare and print (approximately every third year) a City Map, including
economic and civic information on Arcadia; provide as many copies to the
city and Fire & Police Departments as needed.
C. Prepare and print the "Business Directory"; provide copy to all Arcadia
businesses, and to residents; provide as many copies to the City as needed.
D. Conduct special community and business forums, e.g., Trash /Recycling
pick -up events, or assist City to inform the community of meetings, e.g.,
community workshops on large development projects, proposed city
measures, initiatives and propositions, transportation concerns, including
Gold Line /Metro, etc.
E. Assist the City during emergencies, by providing a liaison at Emergency
Operations Center; coordinate with the City EOC & Red Cross and
Emergency Centers throughout the City in the event of earthquake or
disaster; working with Chamber Emergency Business Preparedness plan for
emergencies.
F. Provide ambassadors to existing and new businesses throughout the year to
monitor concerns, assist in resolving problems with the Chamber or the City,
meet other Arcadia businesses (e.g., monthly networking / orientation /
breakfasts).
G. Work actively on business recruitment, expansion and retention efforts
throughout the City, e.g., accompanying City staff on business visits to
existing businesses and potential new businesses.
Organize and publicize seminars and training sessions for merchants and
business members under SBA, SCORE, SGVEP, Foothill Workforce
Investment Board, Women at Work, and other governmental and
educational programs.
J. Continue to work with Arcadia Improvement Association on the recently
established downtown community benefits district, improve parking and
wayfinding signage, and support marketing efforts.
K. As needed or requested by the City, conduct membership survey on general
business topics, e.g., parking, ride - share, recycling, signage, etc. to inform
the City of business concerns.
L. Work with other business area on Live Oak, Duarte and other sectors to
initiate regular events and marketing.
M. Continue to develop new media marketing opportunities for business
members through Chamber.
III. Government/Legislative
A. Through the Legislative Committee, provide business information to
Chamber members and serve as a forum for City, County, State and
Federal interrelationships and dialogue.
B. Review and recommend proposed business legislation and concerns to City.