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HomeMy WebLinkAbout08-25-09 CC Item 14CITY OF LAKE 'LSIlYO DREAM E)CTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 25, 2009 SUBJECT: AN AGREEMENT BETWEEN THE LAKE ELSINORE VALLEY CHAMBER OF COMMERCE AND THE CITY Backqround The City of Lake Elsinore has actively supported and partnered with the Lake Elsinore Valley Chamber of Commerce to promote business growth, economic development and tourism for many years. This partnership has proven to be beneficial in expanding local business opportunities and creating new economic growth in the City. Discussion The FY 2009-2010 agreement with the Lake Elsinore Valley Chamber of Commerce is similar to the agreements for prior years. The Agreement is for a one year period at a total cost of $90,000. The provision of Chamber services includes the marketing of Lake Elsinore to new businesses and home buyers, business retention and attraction, and other economic development services for $50,000. The Visitors Bureau and Tourism Services provided by the Chamber are budgeted at $40,000. Fiscal Imqact The total cost of the services provided by the Chamber of Commerce as identified in this agreement would be $90,000. The $90,000 includes $50,000 for General Services and $40,000 for Visitors Bureau, Tourism Services and related Promotion. The City's Fiscal Year budget adopted on June 23, 2009 includes $90,000 for funding of Chamber of Commerce services. CC August 25, 2009 Item No. 14 Page 1 of 13 Agreement with Chamber of Commerce August 25, 2009 Page 2 Recommendation Approve the agreement and authorize the Mayor to execute the agreement with the Lake Elsinore Valley Chamber of Commerce. Prepared and ,,A(~ Approved by: Robert A. Brady{',{~~ City Manager 1`-~W~ Attachment: Agreement CC August 25, 2009 Item No. 14 Page 2 of 13 AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 2009-2070 GENERAL SERVICES AND TOURISM SERVICES AGREEMENT This Agreement is entered into by and between the City of Lake Elsinore, a municipal corporation (hereinafter called "City"), and the Lake Elsinore Valley Chamber of Commerce, a nonprofit California corporation (hereinafter called "Chamber"). RECITALS WHEREAS, the City is desirous of promoting its advantages as a business, educational, cultural, recreational, industrial and residential center, disseminating information relative thereto, and properly following up and giving consideration to inquiries made from time to time relative to the various activities of the City; and WHEREAS, the Chamber is a nonprofit organization designed to advance the commercial, financial, industrial, tourism and civic interests of the Lake Elsinore community and to serve as an information bureau and a research and promotion medium; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES a) General Services. The Chamber shall employ competent personnel to carry on promotional activities herein enumerated and maintain regular office hours of 8:00 a.m. - 4:30 p.m., Monday through Friday, excluding holidays, with variations as deemed necessary by the Board of Directors and/or staff. However, office hours may begin earlier than 8:00 a.m. and extend later than 4:30 p.m. Chamber staff shall answer promptly all correspondence relative to the business, industrial, residential, educational, cultural and recreational advantages and opportunities in the City, and disseminate information by correspondence, newspaper publicity and personal contacts favorably advertising such advantages and opportunities. The Chamber shall serve as an information bureau and referral agency to its members and all contacts requesting information and shall disseminate City publications and materials provided by the City. In addition, the Chamber shall work in good faith to accomplish services described in Exhibit A addressing major tasks such as marketing promotion; business retention, expansion, and attraction; and City/Chamber Partnerships, attached hereto and incorporated herein. CC August 25, 2009 Item No. 14 - 1- Page 3 of 13 b) Tourism. The staffing requirements and hours of operation shall be the same as identified in Section 1(a) for tourism related services. The Chamber shall work to promote the tourism and recreational activities and businesses of Lake Elsinore. This will include, but not be limited to, the services, publications, events and programs identified in Exhibit B. 2. COMPENSATION Subject to and in accordance with the terms of said Agreement, the City agrees to pay the Chamber as follows: a) General Services. The City agrees to pay Chamber for general services, as set forth in Exhibit A, a total sum of $50,000 per year, payable in quarterly instaliments of $12,500, for which the City will receive Chamber of Commerce membership benefits. An invoice shall be provided by the Chamber to the City prior to payment. The invoice shall include a summary of activities and services provided during the invoice period. The annual total sum payment shall be subject to approval on an annual basis by the City Council as part of the City's operating budget adoption process. Qularterly installments shall be made on or about the 15th of July, October, January and April of the 2009/10 fiscal year. b) Tourism Services. The City agrees to pay Chamber for Tourism services, as set forth in Exhibit B, a total sum of $40,000 per year, payable in monthly installments of $3,333.33. An invoice shall be provided by the Chamber to the City prior to payment. The invoice shall include a summary of activities and services provided during the invoice period. Payments will be made on or about the 15th of each month. The annual total sum payment shall be subject to the approval by the City Council as part of the City's operating budget adoption process. 3. RECORDS AND AUDITS The Chamber shall provide monthly financial reports and an annual financial statement to the City Manager. Upon reasonable request by the City Manager and by appointment with the Executive Director of the Chamber, financial information will be reviewed with the City Manager or his/her designated representative. CC August 25, 2009 Item No. 14 -2- Page4of13 4. TERM OF AGREEMENT a) This Agreement shall be effective as of the 1St day of July 2009, and shall automatically terminate on June 30, 2010, except as provided herein. b) The term of Agreement shall continue on an annual basis until such time that it is cancelled by either party. Each fiscal year, as part of the budget process, the City will consider whether or not to budget for the funding of this Agreement as provided for in Section 2. Failure to provide funding of this Agreement shall constitute a cancellation of the Agreement by the City. c) The Agreement may be terminated immediately by the City if there is a material failure by the Chamber to fulfill the terms of this Agreement. d) The City may require the Chamber to repay all or part of the funding if: i. Fraud or malfeasance is proven; ii. The funding is not used for the service or activity specified, unless the City was given an opportunity in advance to accept any legitimate request related to an unspecified use of funds; iii. The Chamber is not able to provide the service or activity specified to the agreed standard, unless the City accepts any legitimate reasons which have prevented the obligations from being fully met; iv. In these circumstances, a work out with the City shall be agreed upon and implemented by the Chamber; v. The Chamber or its VisitodTourism Services Bureau ceases to exist. e) The terms and/or scope of services of the Agreement may be modified by mutual consent of the City and the Chamber. 5. REPORTS The Chamber shall submit written progress reports, on a quarterly basis, to the City Manager relating to the scope of service outlined herein as well as the activities undertaken as specified in this contract. The report shall recount the Chamber's services and its activities during the quarterly reporting period. The quarterly reports shall separately identify general service activities and tourism activities. In addition to the written reports, the Executive Director or his designee shall give an oral report at a regular City Council meeting on a quarterly basis. Within ninety (90) days of the close of the City's fiscal year or termination of this Agreement, Chamber shall submit to City a fiscal year expenditure report with a detailed accounting of all expenditures related to the scope of services provided for by this Agreement, including the receipt and appropriated expenditure of compensation by the Chamber hereunder. CC August 25, 2009 Item No. 14 -3- Page5of13 6. INDEMNIFICATION The Chamber agrees to defend and hold the City and all its officers, agents, employees and representatives harmless from and against any and all claims brought for or on account of personal injury, including death, claims for breach of confidentiality, or business and property damage, which may arise from the Chamber's willful or negligent acts, errors or omissions under this agreement. The Chamber agrees to defend and indemnify the City and its officers, agents, employees and representatives from any suits or actions at law of equity for damages caused, or alleged to have been caused, by reason of the Chamber's willful or negligent acts, errors or omissions. 7. INSURANCE The Chamber shall, throughout the duration of this Agreement, maintain comprehensive general liability and property damage insurance covering all operations hereunder of Chamber, its agents and employees, including but not limited to premises and automobile, with minimum coverage of One Million Dollars ($1,000,000) combined single limits. The policy shall name the City of Lake Elsinore, inclusive of each of its ofFicers and employees, as an additional insured, and a Certificate of Insurance shall be furnished to the City Clerk at 130 S. Main Street, Lake Elsinore, CA 92530. Said policy or policies shall proyide thirty (30) days notice to the City Clerk of the City of Lake Elsinore of cancellation or of a material change. The Chamber shall also carry worker's compensation insurance in a statutory amount, evidence of which is to be furnished to the City Clerk in the form of a Certificate of Insurance. All such policies shall be in a form satisfactory to the City Attorney. 8. INDEPENDENT CONTRACTOR The parties agree that the Chamber is an independent contractor and shall not in any way be considered to be an employee of the City, nor shall any representative or employee of the Chamber represent or imply directly or indirectly that he or she represents or is authorized to speak for or bind the City. CC August 25, 2009 Item No. 14 -4- Page6of13 9. NOTICES (a) Any notice may be served upon either party by delivering it in person, or by depositing it in a U.S. mail deposit box with the postage thereon fully prepaid, and addressed to the party at the address set forth below: City: City Manager City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Chamber: Executive Director Chamber of Commerce 132 W. Graham Avenue Lake Elsinore, CA 92530 (b) Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission with the United States Postal Service, with the exception of a notice of termination which shall be effective 3 days following deposit with the United States Postal Service. 10. ASSIGNMENT This is a professional services contract for unique services. Neither the Chamber nor the City may assign or transfer any rights or obligations arising from this Agreement, or any part thereof, without the prior written consent of the other party. 11. ATTORNEY'S FEES If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney's fees and expenses of litigation, including but not limited to court costs. 12. The provisions of this Agreement may be amended only by an instrument in writing duly executed by each of the parties hereto. CC August 25, 2009 Item No. 14 -5- Page7of13 13. INTEGRATION This writing constitutes the entire and complete Agreement between the parties hereto relative to the subject hereof. No party relies upon any warranty or representation, express or implied not specifically set forth herein. 14. WAIVER Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 76. CONTROLLING LAW VENUE This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 17. MEDIATION The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of inediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 18. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. CC August 25, 2009 Item No. 14 -6- Page8of13 19. AUTHORITY TO ENTER AGREEMENT Chamber has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 20. PROHIBITED INTERESTS Chamber maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Chamber, to solicit or secure this Agreement. Further, Chamber warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Chamber, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. EQUAL OPPORTUNITY EMPLOYMENT Chamber represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. CC August 25, 2009 Item No. 14 -7- Page9of13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on , 2009. City of Lake Elsinore By: Mayor Attest: By: City Clerk Lake Elsinore Valley Chamber of Commerce By: Executive Director Approved as to Form: By: City Attorney CC August 25, 2009 Item No. 14 -g- Page10of13 Exhibit A Lake Elsinore Valley Chamber of Commerce Scope of General Services Contract 2009-2070 The listing below identifies services, goals and objectives that the Chamber shall work in good faith to accomplish. Lake Elsinore Marketinp/New Business/Potential New Home Buyers - LEVCC will distribute relocation packages for new residents. - LEVCC will distribute economic development packages to potential businesses. LEVCC will perform mailings, answer phone inquiries, stock materials and use other means to promote the City of Lake Elsinore. Work cooperatively with the City and other businesses and groups to promote the City of Lake Elsinore. o Southwest California Economic Development Corporation o Murrieta/Temecula Group o Southwest California Legislative Council Business Retention. Expansion and Attraction - LEVCC will hold monthly Economic Workforce Development Luncheons (EWDC) - minimum of 10 per year. - LEVCC will conduct a minimum of 2 business visitations per month. - LEVCC will promote the City of Lake Elsinore and LEVCC through press, media stories, City banner at events, etc. - Chamber Report will be given quarterly. Chamber shall attend other meetings and events of interest to the business community. - LEVCC will maintain a website and link to the City of Lake Elsinore website. - LEVCC will develop, publish and maintain a Business Directory of Chamber Members on the website. - LEVCC will promote business growth through Ribbon Cutting and groundbreaking ceremonies. Notification to the City Manager's Office is required. - LEVCC will refer all relocation requests to the City Manager's Office. Citv/Chamber Partnerships - LEVCC/City will continue to partner on facility use of the Chamber Office in the historic train depot and other sites for events and programs. - LEVCC will provide quarterly written status reports to the City Manager. - LEVCC will provide a schedule for all functions and meetings of the Chamber, listing of officers and committee members to the City Manager. - Chamber will continue to provide information for all inquiries about the City and City Services. The Chamber continues to act as the "411" for the City. - LEVCC will continue to provide point of contact for economic development. CC August 25, 2009 Item No. 14 Page 11 of 13 LEVCC Scope of General Services Contract 2009-2010 Exhibit A Page 2 LEVCC will continue to provide support for the promotions and marketing of the City Brand. Develop, administer and promote the Cash Value Card - Shop Lake Eisinore Program. Provide full call support to the City of Lake Elsinore as needed. CC August 25, 2009 Item No. 14 Page 12 of 13 Exhibit B Lake Elsinore Valley Chamber of Commerce Scope of Tourism Services Contract 2009-2010 The listing below identifies services and deliverables that the Chamber shall work in good faith to accomplish. - Acquire & protect website addresses for Lake Elsinore Tourism - Develop & distribute a magazine to all tourism assets - Manage & update a community Calendar of Events - Manage the Visitors Bureau Lobby at the Chamber - Create, develop & direct a Tourism Advisory Board. Members to consist of City, hotel/motel, restaurant, watercraft & recreational businesses - Develop strategies to enhance Tourism traffic, i.e. Ronnie Kovach's Fishing Ventures - Maintain a unique & robust Tourism website linked to the City & Chamber websites - www.visitlakeelsinore.com - Maintain a Booking Engine for hotels on the website - Develop & place ads in trade publications, i.e. Travel Host, Valley Business Journal, Lake Elsinore Outlets Magazine, etc. - Staff additional resource to handle any and all tourism inquiries at the Chamber or by phone, mail or e-mail - Identify & develop events to attract tourists whereby the Chamber is the promoter as agreed to by the City & Chamber, i.e. City of Lake Elsinore Frontier Days annually in April. - Identify & staff conventions (boat, recreational, etc.) as agreed to by City & Chamber. - Identify funding sources for travel expenses and to update Tourism Marketing materials (including but not limited to brochures, displays, promotional products, Tourism kiosk, etc.) CC August 25, 2009 Item No. 14 Page 13 of 13