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HomeMy WebLinkAboutC-3 FY 2021-2024 Azusa City & Chamber of Commerce AgreementAGREEMENT REGARDING CHAMBER OF COMMERCE FUNDING AND SUPPORT BETWEEN THE CITY OF AZUSA AND THE AZUSA CHAMBER OF COMMERCE This Agreement Regarding Chamber of Commerce Funding and Support ("Agreement") is entered into as of the 20'' day of September 2021 ("Effective Date") by and between CITY OF AZUSA ("City") and the AZUSA CHAMBER OF COMMERCE (the "Chamber"). The City and Chamber are sometimes individually referred to herein as "Party" and collectively referred to as "Parties". This Agreement shall be effective until the day of June 30, 2024. RECITALS A. City is desirous of promoting business, residential and economic development opportunities within the City of Azusa, disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of the City and its business, residential and economic development opportunities; B. City is also desirous of forming joint legislative advocacy opportunities with other entities; C. The Chamber has special knowledge, experience and facilities for disseminating such information and legislative advocacy, is organized for and equipped to carry on promotional activities on behalf of City and to publicize and further the economic and regional advantages that City has to offer to business, residential and industrial interests; D. The Chamber has for more than a century been the principal citywide advocate for business and has historically been recognized as the representative of all businesses, which contribute substantially to the City's revenue base; and E. The Chamber's activities are recognized by law as being in the public interest and serving a public purpose. AGREEMENT NOW, THEREFORE, it is agreed by and between the Parties as follows: The Chamber agrees to-do and perform the following services and activities as part of- its work plan during the term of this Agreement: A. Services Chamber shall undertake, during the term of this Agreement, promotional and advocacy activities on behalf of City and render the following services: 1. Maintain suitable quarters and employ competent, professional personnel to carry on the promotional and advocacy activities of the City as herein stated; 2. Represent the interests of all Azusa businesses in promoting economic development and lawful and positive business and local sales revenue; 3. Participate in marketing the City's advantages inside and outside the community to retain and attract business and local sales revenue; 4. Promote improvement strategies that enhance the value of property and stimulate investment and development of vacant or underutilized properties; and 5. Promote trade and business meetings and activities that further these goals. B. Responsibilities Chamber shall undertake, during the term of this Agreement, promotional and advocacy activities on behalf of City in the following areas: 1. Presidents Club Member a. Recognize the City and Azusa Light & Water as a Presidents Club member, receiving all consideration, benefits, sponsorship and advertising opportunities which inure to the benefit of Presidents Club members. 2. Business Success and Advocacy a. The Chamber shall actively work to increase the current Azusa business Membership by a minimum of 12 new members per fiscal year with a specific focus on businesses that are representative of the City's commercial areas. b. Serve as an advocate for the business community and as a City liaison when appropriate. This shall be accomplished by operating as a visible and approachable representative of business, and by disseminating legislative and other information to the business community on behalf of the City. c. Stay appraised of current City business as it relates to impacts to the business community and attend and/or view meetings of the Azusa City Council on a regular basis in order to advocate for and represent the shared interests of the Azusa business community. d. Maintain and continue to improve the image of the Chamber within the City of Azusa and surrounding areas. e. Assist the City in the attraction, retention and expansion of business in Azusa through the work of an Economic Development Committee, which shall reach out to businesses and offer workshops and assistance to the business community through a Business Visitation Program. f. Provide Chamber Members with an avenue to announce their presence in the community at large, through the coordination of groundbreaking events, ribbon -cutting ceremonies and open houses. g. Serve as a Member on the San Gabriel Valley Coalition of Chambers to provide a voice for the business community within Azusa. h. Provide a minimum of two (2) trainings and workshops each year of the agreement in partnership with local colleges and universities or other local organizations such as but not 2 limited to Azusa Pacific University, Citrus College and the University of La Verne Small Business Development Center (SBDC) in the areas of. Marketing, Access to Capital, Business Planning, Finance and/or other relevant topics. i. Coordinate and formalize per year an Azusa Business Recognition Program to honor the City's diverse businesses for their significant contributions to the community as drivers of economic growth, while encouraging others to do the same. Develop Azusa Business Recognition Program criteria and coordinate logistics for a recognition event. The Program shall be advertised to the greater local business community and open to non-member businesses. Example award categories may include: Small Business of the Year; Small Business -Person of the Year; Outstanding Minority, Woman, Veteran Owned Business; Best Success Story; Community Minded/Volunteer of the Year or other relevant categories, which can serve as a conduit for nominations for local, state or federal programs and services. 3. Community Involvement The Chamber shall continue to improve the quality of life in Azusa by participating in the following Community events and/or organizations. However, consistent with the guidelines provided by the County of Los Angeles Department of Public Health as a result of Coronavirus COVID-19 pandemic, certain programs and events may require modification to adhere to social distancing guidelines or may be rescheduled for a future date. a. Serve as a liaison for the City in encouraging local businesses to participate in community events. b. Support the Azusa Golden Days celebration by coordinating an event during the weeklong festival. c. Assist in promoting City programs, events and services to the business community on Chamber platforms and social media. 4. Marketing and Business Development The Chamber will increase its activities to market the City by performing the following: a. Partner with the City to support and promote Azusa at trade show opportunities. b. Establish routine correspondence and visits with Azusa business Chamber members through a Business Visitation Program. The Chamber shall visit at least one (1) business on a monthly basis. Efforts shall be coordinated with the Economic Development Committee. c. Undertake and promote events and activities for Azusa businesses including but not limited to events connected to resources, holidays, and sale events such as: National Small Business Week, Black Friday, Small Business Saturday, The Great American Takeout etc. Promotion and activities shall include but not be limited to creating social media campaigns, marketing campaigns, programs, events etc. d. Support the City by providing information to businesses and clarifying the permitting process. Support to the City can include working with the Economic Development 3 Specialist to disseminate information or coordinating meetings between businesses and City staff. C. Consideration a. In consideration of the valuable services performed by the Chamber for City, as set forth above in Section A hereof, City hereby agrees to pay Chamber, for fiscal year 2021-2022, the sum of FORTY-FOUR THOUSAND FOUR HUNDRED NINETY-THREE DOLLARS AND ZERO CENTS ($44,493.00). The consideration shown above is to be funded by Azusa Light and Water and represents 100% of the 2021-2022 financial assistance identified in Section E of this Agreement. The City shall make payment, to the Chamber in twelve monthly installments. b. Any requests beyond the scope of this agreement shall be made prior to and for inclusion in, the City's budget process for City Council consideration. c. The Chamber shall have the ability to use the Azusa Auditorium a maximum of four (4) times per year. An Auditorium Application must be submitted to the City Clerk's Office in a timely manner for application processing. Use is subject to availability and cannot be guaranteed. The City, hereby agrees to waive the rental fee associated with the use of the Civic Auditorium for a maximum of four (4) times. However, the Chamber will be responsible for all other fees which may include but is not limited to staff time, custodian fees and AN Technician Services at current rates as applicable. If in the event the Chamber requests their programming be recorded and livestreamed on the City's Access Channel, the Chamber will be responsible for the video production fees incurred. Use of the Auditorium beyond the allotted four (4) times will be subject to rental fees in addition to other incurred fees. Arrangements shall be coordinated with the City Clerk's Office and is subject to approval. The fees associated with the use of the Civic Auditorium are as follows: Use during the City's $50.00 per hour. Fee with the 25% Waived. normal business hours Azusa -based non - Monday to Thursday profit organization 7:00 a.m. to 5:30 p.m. discount: $37.50 per hour. Use after 4:00 p.m. on $100.00 per hour. Fee with the 25% Waived. weekdays, all day Azusa -based non - weekends or holidays profit organization discount: $75.00 per hour. Staff Time Current hourly rate. N/A Applicable. Custodian Fee $40/hour or current N/A Applicable. cost. AN Technician $60/hour or current N/A Applicable. Services and hourly rate Broadcasting Fees established by the 4 City's consultant. Video Production $250 flat fee or current rate. N/A Applicable. D. Duties of Chief Executive Officer a. The Chief Executive Officer shall prepare and submit to the City Manager or his designee a monthly. report to present information on executed activities and the forecasted following month's activities as they relate to the agreed upon deliverables with each monthly invoice. Said report shall be prepared in a format acceptable to the City Manager or his designee using the Scope of Services (Exhibit A). Report shall be due with the current monthly invoice by the 5th day of the month. b. Prior to the end of each fiscal year and no later than May 3 1 " of each year, and in accordance with appropriate scheduling with City Council meetings, the Chamber shall provide the City with a status report and make a presentation to the City Council identifying and describing at minimum the following: Chamber's outreach activities, events held or supported, number of businesses worked with and the number of new Azusa businesses that have become Chamber members. c. The Chief Executive Officer shall prior to the end of the term, provide the City Manager with a report and action plan on how the Chamber will become financially self-sufficient. d. The Chief Executive Officer shall promptly furnish City, upon the completion of Chamber's operating year, certified copies of its annual operating statement and updated membership list with business location and business sector. E. Self -Sufficiency of the Chamber The Chamber will develop a strategy and plan which will enable it to become financially self-sufficient. The City proposes this self-sufficiency plan as a plan only and, to facilitate this, the Chamber will be subject to contribution reduction benchmarks from the City on a yearly basis. In Fiscal Year 2021 /22, due to the financial impacts of COVID-19, the City's contribution will not be decreased, but will be funded at the same level as Fiscal Year 2020/21 of $44,493. As per this plan, beginning Fiscal Year 2022/23 and for every year after, or unless otherwise specified by the City in writing, the City's annual contribution shall be decreased by 5% of the current base rate of $44,493. However, this is not a guarantee of future funding. Additionally, during the term of the Agreement, the City and Chamber will engage in conversations regarding the long-term partnership, roles, and responsibilities of the Chamber, including future City contributions and how the Chamber plans to become financially self-sufficient within an established timeframe. F. Prohibition Against Use of Public Funds for Mass Mailings. The Chamber acknowledges and understands that in order to comply with State law, none of the City funds received in compensation for the Services shall be used for the design, production, printing or distribution of any publication, advertisement or other printed material that could be considered a prohibited mass mailing under the Political Reform Act (PRA) (Government Code § 81000 et seq.), as well as the regulations implementing the PRA (Title 2, Cal. Code of Regulations § 18700 et seq.), in accordance with the limitations prescribed in Section 6.2 of this Agreement. a. The Chamber shall segregate in a separate accounting fund all City funds paid under this Agreement, and Chamber shall not use any amount of such money for the design, production, printing or distribution of any publication, advertisement or other printed material that could 5 be considered a prohibited mass mailing under the PRA (Government Code § 81000 et seq.), as well as the regulations implementing the PRA (Title 2, Cal. Code of Regulations § 18700 et seq.). The parties shall generally refer to Government Code section 89001 and Title 2 Cal. Code of Regulations section 18901, as well as opinions and advice letters of the California Fair Political Practices Commission (FPPC), to determine if a publication, advertisement or other printed material may be a prohibited mass mailing. b. In addition, no City resources (staff time, computers, etc.) shall be used in the distribution of any such publication, advertisement or printed material, and no more than fifty dollars ($50) of such City resources shall be used in the design, production or printing of any such item. c. The Chamber shall keep accurate accounting records with respect to the maintenance and expenditure of segregated City funds. G. Indemnification Chamber agrees that it will defend, indemnify and hold harmless City, and its elected officials, officers, employees and agents from and against all claims, demandsr, cause of action, costs, expenses, losses, injuries, damages or liabilities to property or persons, including wrongful death, in any manner arising out of or in connection with any alleged acts, omission or willful misconduct of Chamber, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation, the payment of all consequential damages, attorneys fees and other related costs and expenses to the maximum extent allowed by law. H. Insurance Chamber shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive automobile and worker's compensation and employee's Liability Insurance in which the City is the named insured or is named as an additional insured with the Chamber and shall furnish a Certificate of Liability Insurance to the City Manager before execution of this Agreement by the City or within a reasonable time after execution. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: I. Include the City as the insured or named as an additional insured covering the services to be performed under this Agreement against all claims arising out of, or in connection with, this Agreement. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. 3. Provide the following minimum limits: a. General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. b. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 31 c. Worker's Compensation and Employees Liability: Worker's Compensation limits as required by the Labor Code of the State of California and Employer's Liability of limits of $1,000,000.00 per accident. 4. This insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Chamber for the City. 5. Bearer and endorsement of shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before such date. I. Self -Insured Any deductible or self -insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self -insured retention as respect of the City, its officers, officials and employees; or the Chamber shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. J. Attorney's Fees Should any litigation be commenced between the Parties hereto concerning the provision of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. K. Term The term of this Agreement shall be for three (3) fiscal years from July 1, 2021 to June 30, 2024 unless earlier terminated as provided herein. The fiscal years are as follows: Fiscal Year 2021 - 2022 Fiscal Year 2022 - 2023 Fiscal Year 2023 - 2024 The Chamber shall complete the services within this Agreement per fiscal year, and shall meet any other established schedules and deadlines. L. Termination This Agreement may be terminated by either party upon thirty (30) days written notice with any sums due and payable hereunder. [SIGNATURES TO FOLLOW ON NEXT PAGE] 7 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date(s) written below. CITY OF AZUSA S'-.-- '--a. Sergio Gonzalez City Manager DATE: 1 O` O - ;t 6 a ) ATTEST: JMre a ce Cornejo, J ity lert Best, Aest & Krieger, LP City Attorney p CHAMBER OF Maureen Taylor, CWr of the B( of Directors for Azusa Chamber DATE: -G Exhibit A Scope of Work The Azusa Chamber of Commerce agrees to the following deliverables to the City of Azusa: Responsibilities 1. President Club Membership Benefits 0 City of Azusa and Azusa Light & Water too placement. 2. Business ❑ Increase Azusa business membership by 12 new members per year. ❑ Stay appraised of current City business as it relates to impacts to the business community and attend or view meetings of the Azusa City Council on a regular basis to advocate for the business community ❑ Assist the City in the attraction, retention, and expansion through the work of an Economic Develo ment Committee. ❑ Coordinate groundbreaking events, ribbon cuttings, and open houses as needed. ❑ Provide 2 trainings and workshops per year in partnership with local colleges and universities or other local organizations such as but not limited to Azusa Pacific University, Citrus College and the University of La Verne Small Business Development Center (SBDC). 0 Coordinate a Small Business Recognition Program per year 3. Community Involvement ❑ Coordinate 1 event during Azusa Golden Days celebration. 0 Assist in promoting City programs, events and services to the business community on Chamber platforms and social media. 4. Marketing and Business Development ❑ Establish a Business Visitation Program and coordinate at least 1 visit per month with an Azusa business Chamber member. 0 Promote resources, holidays and sale events such as: National Small Business Week, Black Friday, Small Business Saturday, The Great American Takeout etc. by creating social media campaigns, marketing campaigns, programs, and events etc. ❑ Serve as liaison between the City and businesses to facilitate and assist with the permitting and or development process. Duties of Chief Executive Officer 0 Prepare and submit a monthly report on executed activities and the following months activities as they relate to the agreed upon deliverables with each monthly invoice using Scope of Services (Exhibit A). 0 Prior to the end of each fiscal year and no later than May 3 1 " of each year, provide a status report and make a presentation to the City Council identifying and describing the following: Chamber's outreach activities, events held or supported, number of businesses worked with and the number of new Azusa businesses that have become Chamber members. ❑ During the term of the agreement, the City and Chamber will engage in conversation regarding the roles, responsibilities, City contributions and how the Chamber will plan to become financial) self-sufficient within an established timeframe. ❑ Provide the City upon the completion of the Chamber's operating year, copies of its annual operating statement and updated membership list with business location and business sector.