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HomeMy WebLinkAboutLake Elsinore Valley Chamber of Commerce - 2006-2007 Services Agreement with City of Lake ElsinoreM AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 2006 -2007 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 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 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/tourism promotion; business retention, expansion, and attraction; and City /Chamber Partnerships, attached hereto and incorporated herein. 2. COMPENSATION n Contract /Agreement No. 2014 — Subject to and in accordance with the term and provisions of said Agreement, the CityagreestopayChamberforservices, as set forth in Exhibit A, a total sum of $50,000 peryear, payable in quarterly installments of $12,500, for which the City will receiveChamberofCommercemembershipbenefits. The annual total sum payment shall be subject to approval on an annual basis by the City Council upon recommendation by theCityManager. Quarterly installments shall be made on or about the 15` of September, December, March and June of the 2006/07 fiscal year. 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 appointmentwiththeExecutiveDirectoroftheChamber, financial information will be reviewed with the City Manager or his/her designated representative. 4. TERM OF AGREEMENT a) 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. This Agreement may be terminated at will by the City on the grounds of proven fraud or malfeasance on the part of the Chamber with no further monies to be paid to the Chamber. b) This Agreement shall be effective as of the 1" day of July 2006, and shall automatically terminate on June 30, 2007 unless renewed upon the mutual consent of the parties. 5. REPORTS The Chamber shall submit progress reports, on a quarterly basis, to the City Manager relating to the scope of service outlined herein as well as the activities undertaken asspecifiedinthiscontract. The report shall recount the Chamber's services and its activities during the quarterly reporting period. 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 detailedaccountingofallexpendituresrelatedtothescopeofservicesprovidedforbythis Agreement, including the receipt and appropriated expenditure of compensation by the Chamber hereunder. 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 provide 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. 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. AMENDMENTS The provisions of this Agreement may be amended only by an instrument in writing duly executed by each of the parties hereto. 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. 16. 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 mediation 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. EXECUTION 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. 19. AUTHORITY TO ENTER AGRE 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on 2007. City of Lake Elsinore Mayor Lake Elsinore Valley Chamber of Commerce By: Exec}yiv ector Attest: By i jn i r Ci41erk Approved as to am city l:iaitttV The City of Lake Elsinore And The Lake Elsinore Valley Chamber of Commerce Scope of Services 2006 -2007 Contract The listing below is services, goals and objectives that the Chamber shall work in good faith to accomplish. Lake Elsinore Marketing/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 Southwest California Economic Development Corporation Southwest California Economic Alliance Murrieta/Temecula Group 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 at the 2 " meeting of the month to City Council. 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 Managers office is required. LEVCC will refer all relocation requests to the City Managers office. City /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 monthly written status reports to the City Council Liaison and 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 Council Liaison and 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. LEVCC will continue to provide support for the Brand rollout. LAKE ELSINORE VALLEY CHAMBER OF COMMERCE TOURISM CONTRACT EXHIBIT A DELIVERABLES: CREATE A TOURISM INVENTORY FOR THE CITY OF LE. IDENTIFY EXISTING ASSETS, PROGRAMS AND FUTURE NEEDS o Ongoing Analysis linked to Tourism Advisory Board ACQUIRE & PROTECT WEBSITE ADDRESSES FOR LE TOURISM o Acquired per Attachment July 2006 d• CREATE, DEVELOP & DIRECT A TOURISM ADVISORY BOARD BOARD MEMBERS TO CONSIST OF CITY, HOTEL/MOTEL, RESTAURANT, WATERCRAFT & RECREATIONAL BUSINESSES o March 2007 — Request City to Assist in Recruiting Members DEVELOP STRATEGIES TO ENHANCE TOURISM TRAFFIC o Part of Features within new website including Reservations, On -line Store & Box Office, Featured Package & What's Happening DEVELOP UNIQUE & ROBUST TOURISM WEBSITE LINKED TO THE CITY CHAMBER WEBSITES o Live January 29, 2007 CREATE UNIQUE MARKETING PROGRAMS TO ATTRACT TOURIST FUNDED BY CREATION OF A TOURISM IMPROVEMENT DISTRICT (T.I.D.) OR INCREASE IN THE TRANSIENT OCCUPANCY TAX (T.O.T) o Future Enhancement based upon recommendations of Tourism Advisory Board HIRE ADDITIONAL RESOURCE TO HANDLE ANY & ALL TOURISM INQUIRIES AT THE CHAMBER OR BY PHONE OR E -MAIL o Hired Part-time 2006 move to full time mid February 2007 IDENTIFY AND STAFF CONVENTIONS (BOAT, RECREATIONAL, ETC) AS AGREED TO BY CITY & CHAMBER, ADDITIONAL FUNDS REQUIRED FOR TRAVEL EXPENSES & TO UPDATE TOURISM MARKETING MATERIALS INCLUDING BUT NOT LIMITED TO BROCHURES, DISPLAYS, PROMOTIONAL PRODUCTS, TOURISM KIOSK, ETC.) o As discussed not part of the scope of the original contract. Each event must be negotiated and funding will be required. IDENTIFY AND DEVELOP EVENTS TO ATTRACT TOURISTS WHEREBY THE CHAMBER IS THE PROMOTER AS AGREED TO BY THE CITY & CHAMBER The Historic Downtown Car Shows returned in 2006 and have been approved for March thru November 2007. Additional Events will be presented to the City and Council such as the Lake Elsinore Block Party for consideration.