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HomeMy WebLinkAboutC-298311b0 - y 6 AGREEMENT (� _r q2l FOR SERVICES FISCAL YEAR 2015 -2016 CITY OF ARCADIA AND ARCADIA CHAMBER OF COMMERCE This Agreement for Services ( "Agreement ") is entered into this i !�e day of TUI1 , 2015 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 ") 2015 -2016, 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 West 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 $73,761 ($72,000 base plus two years of CPI increases: $778 based on a 1.08% CPI in 2013, and $983 based on a 1.35% CPI in 2014) for certain business and economic development, marketing, civic promotion, and similar services to be provided by the Chamber to the City during Fiscal Year 2015 -2016, 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 third 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 thereof 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 2015 -2016 the Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. 3. On or before January 1, 2016 but no sooner than December 15, 2015, and again on or before May 15, 2016, but no sooner than May 1, 2016, 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, 2015 through the date of said report. B. Responsibilities of the City 1. In consideration of the provision of the Services by the Chamber to the City during Fiscal Year 2015 -2016, the City shall (1) make payment to the Chamber of the sum of seventy -three thousand seven - hundred sixty -one dollars ($73,761), payable in equal quarterly installments, the first of which is due on or before July 1, 2015 (the "Payment for Services ") and each subsequent payment due on or before the first date of the quarterly month; 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 herein above. C. Review and Inspection of Chamber Records 1. On or before September 30, 2015, the Chamber shall provide to the City a complete and accurate financial statement of the Chamber for Fiscal Year2014 -2015 (i.e., ending June 30, 2015). On or before September 30, 2016, the Chamber shall provide to the City a complete and accurate financial statement of the Chamber for Fiscal Year 2015 -2016 (i.e., ending June 30, 2016). 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 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 1. This Agreement may be amended by mutual written consent of the parties. E. Termination 1. This Agreement shall be deemed to commence on July 1, 2015 and shall extend through June 30, 2016 (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 1. This Agreement shall be governed by the laws of the State of California. [SIGNATURES ON NEXT PAGE] In witness whereof, the parties have executed this Agreement as of the date first set forth herein above. CHAMB Pre ' nt Arcadia Chamber of Commerce Chief Executive Officer Arcadia Chamber of Commerce CITY: City Manager City of Arcadia Approved as to form: City Attorney Attest: l ah YY e r k EXHIBIT "A" SERVICES PROVIDED BY ARCADIA THE CHAMBER OF COMMERCE TO THE CITY OF ARCADIA Fiscal Year 2015 -2016 and Projected for2016 -2017 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 and Corporate Community Contributor Awards & 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. Maintain social media network to promote Chamber, City, and business activities and news, including Chamber web site with calendar, Facebook, Twitter, and any new effective technologies. II. Business Development A. Under the Taste of Arcadia Committee, organize and hold at least one annual "Business Showcase" 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 these 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 I 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. H. 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. Continue to work with Arcadia Improvement Association on the downtown community benefits district, improve parking and way- finding signage, and support marketing efforts and events. J. As needed or requested by the City, conduct membership survey on general business topics, e.g., parking, ride - share, recycling, signage, etc. to informthe City of business concerns K. Work with other business area on Live Oak, Duarte and other sectors to initiate regular events and marketing. L. Continue to develop new media marketing opportunities for business members through Chamber. III. Govern ment/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.