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HomeMy WebLinkAboutAGENDA REPORT 2005 0615 CC REG ITEM 09DGiYy OF MOORPARK, CALIFORNIA City Council Meeting - ACTION:- _. r BY: MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Hugh R. Riley, Assistant City Manager DATE: June 1, 2005 (CC Meeting of 6/15/05) SUBJECT: Consider Approval of the 2005 Agreement for Services with the Moorpark Chamber of Commerce BACKGROUND In past years, the City has contracted with the Moorpark Chamber of Commerce for the provision of business development services for local businesses and marketing services. The contract for 2003 provided for a minimum number of hours for staffing an open office of eighteen (18) hours per week (3 days, 6 hours per day). The payment of $5,000 has been paid to the Moorpark Chamber of Commerce on a "direct billing" basis for specific services, particularly for the city pages to be included in the annual "Moorpark Chamber of Commerce Business and Community Guide" ( "Guide "). The 2004 Agreement included an additional $1,000 specifically for the Guide. On February 18, 2004, the City Council approved an Agreement for Services with the Moorpark Chamber of Commerce. The Agreement provided for an appropriation of $6,000 as compensation for the performance of certain services of benefit to the City including the sponsorship of certain special community events, the maintenance of specific business hours at the Chamber office, and the publication and distribution of an Annual Business Directory. In June 2004 the Agreement was amended to provide $14,000 in additional funding from the City's General Fund in exchange for additional office hours and other activities designed to support 0 "t-921J Honorable City Council June 15, 2005 Page 2 the City's business development services. The amendment also extended the agreement term to June 30, 2005. DISCUSSION The proposed service agreement for fiscal year 2005 -2006 is attached. The agreement provides for funding at the previous year's level totaling $20,000 that has been included in the City Manager's Recommended Budget for the Redevelopment Agency. The agreement includes the services provided in previous years as well as additional activities and services to justify the higher funding level as outlined below: 1. The Chamber agrees to provide and maintain open public office hours for a minimum of five days per week, with four hours per day of staff time to answer phones, receive messages, respond to public inquires, and coordinate community activities. The Chamber has experienced a marked increase in public inquires this past year. This increase has been partially due to the increase of new residents to our community. They continue to receive calls and inquiries every day regarding housing, relocation, business permits, schools, churches, bus schedules, community events, news worthy situations, such as the tiger incident and October fires, and a number of other general questions. 2. The Chamber agrees to publish a 2006 edition business and community directory of all known business in the City, regardless of Chamber membership, and provide for general distribution of 11,000 copies of the directory to city residences and businesses at no charge. 3. The Chamber agrees to promote tourism in Moorpark. Activities include: a. Including Moorpark on the Touring California's Central Coast Web Page. b. Promote Moorpark through a broader base of advertisement for the Annual Apricot Festival. The event has been advertised from Chatsworth to Ventura. C. Continue promotion of other events including Country Days, Roam'n Relics and the Civil War Reenactment. 004-1 21G Honorable City Council June 15, 2005 Page 3 d. Continue and expand relationship with the Ventura County Collaborative and other tourism agencies. 4. The Chamber agrees to recognize and promote the City as a co- sponsor and to include the City on all event literature for the Apricot Festival, Business Expo, and Mayor's State of the City Address. Other events and activities include: a. Chamber breakfasts are held on a monthly basis at local restaurants. The breakfast addresses areas of concern for businesses and provides information to help businesses succeed. The Adopt -A- School Breakfast connects schools with businesses, encouraging businesses to make contributions of funds, time, services or products to insure the betterment of our schools and our community. b. Workshops and one -on -one business consultations are designed to help business owners get the most out of their business, gain profits, and learn cash flow management, as well as, other important topics. C. Monthly Mixers are held to bring the business community together for networking. This event helps to build stronger community ties and to develop a shop local campaign. d. The Moorpark Top Ten Community Awards lunch brings the community together to recognize individuals, organizations, and businesses that help make Moorpark the unique community that it is. e. Ribbon Cutting Ceremonies for new businesses and /or businesses that have expanded or remodeled. f. The Chamber has also been actively involved with Ventura County Tourism, Edison Business Energy Savings Program, Business Enhancement Program, Home Based Business Support, Ventura County Economic Development Association, Economic Development Collaborative of Ventura County, the Small Business Administration and the Regional Legislative Alliance in efforts to assist and support business in Moorpark. 5. The Chamber agrees to provide at no cost to the city up to fifteen (15) attendees at the Annual Installation dinner. 00f ;2i' Honorable City Council June 15, 2005 Page 4 More specific services are listed in Exhibit A of the Agreement. The Chamber will receive $5,000 upon execution of the agreement, with the remaining funds to be distributed as outlined in exhibit A. STAFF RECOMMENDATION Approve the 2005 Agreement for Services between the City of Moorpark and the Moorpark Chamber of Commerce and authorize the City Manager to sign on behalf of the City. Attachment: 2005 Agreement for Services 0 ()( -V' ` 2005 AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into this 1st day of July, 2005 by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "CITY ", and the Moorpark Chamber of Commerce, a California Corporation, hereinafter referred to as "CHAMBER" W I T N E S S E T H WHEREAS, the City and Chamber have had an Agreement for Services in previous years; and WHEREAS, The City has budgeted $20,000.00 in Fiscal Year 2005/06 to fund activities and services provided by the Chamber. NOW, THEREFORE, The parties hereto do agree as follows: 1. Term of Agreement This agreement is effective July 1, 2005 and will continue in effect for twelve (12) consecutive months to June 30, 2006 unless sooner terminated as provided hereinafter. 2. Specific Services Chamber agrees to perform the services specified in Exhibit A. 3. Compensation The fees in full compensation to Chamber for the services rendered shall be as set forth in Exhibit A. 4. Termination This agreement may be terminated with or without cause by either party at any time with no less than 30 days written notice of such termination. 5. General Conditions A. City shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by Chamber performing services hereunder for City. Page 1 of 8 ��,�, B. Chamber is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees, servants or agents shall exercise control over the conduct of Chamber or any of Chamber's officers, employees or agents, except as herein set forth. Chamber shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner employees of the City. C. Chamber agrees to submit to the City Manager: on or before December 31, 2005, a report describing the activities and results provided pursuant to this agreement for the six month period of July 1, 2005 through December 31, 2005; on or before June 30, 2006, a report describing the activities and results provided pursuant to this agreement for the six month period of January 1, 2006 through June 30, 2006 D. Chamber shall hold harmless, indemnify and defend the City and its officers, employees,' servants and agents serving as independent contractors in the role of City Manager, Assistant City Manager, Director of Community Development or City Attorney from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from misconduct, negligent acts, errors or omissions of Chamber or any of its officers, employees or agents in the performance of this agreement, except such damage as is caused by the sole negligence of the City or any of its officers, employees, servants or agents. The City does not, and shall not, waive any rights that it may have against Chamber by reason of Paragraph D hereof, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this agreement. This hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in Paragraph E hereof and whether or not any claim, demand, damage, Page 2 of 8 OW 22 liability, loss, cost or expense described in Paragraph D is covered by insurance. E. 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 those policies of insurance required by this paragraph and shall furnish to the City Clerk of the ,City certificates of said insurance on or before the commencement of the term of this agreement. Notwithstanding any inconsistent statement in any of said policies or any subsequent endorsement attached hereto, the protection offered by the policies shall: 1) Name the City and its officers, employees, servants and agents serving as independent contractors in the role of City Manager, Assistant City Manager, Director of Community Development, City Attorney, or other official position as additional insured with Chamber. 2) Insure the City and its officers, employees, and agents while acting in the scope of their duties under this agreement against all claims, demands, damages, liabilities, losses, costs or expenses arising from, or in any way connected with, the performance of this agreement by Chamber or the City. 3) Bear an endorsement or have attached a rider whereby it is provided that, in the event of cancellation or amendment of such policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than ten (10) days before the cancellation or amendment is effective. Chamber shall give City ten (10) days written notice prior to the expiration of such policy. 4) Be written on an Occurrence Basis. F. Consistent with the provisions of Paragraph E, Chamber shall provide general public liability including property damage insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence and annual aggregate. Page 3 of 8 OM -122! G. Consistent with the provisions of Paragraph E, Chamber shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by Chamber in work under this agreement is not protected by the workers' compensation law, Chamber shall provide adequate insurance for the protection of such employees to the satisfaction of the City. H. It is understood and acknowledged by the parties that Chamber is uniquely qualified to perform the services provided for in this agreement. Chamber shall not assign this agreement or any of the rights, duties or obligations hereunder. I. Payment to Chamber shall be made by City in accordance with the applicable provisions of Exhibit A. J. Any notice to be given pursuant to this agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 ATTN: City Manager To: Moorpark Chamber of Commerce 225 West Los Angeles Avenue Moorpark, CA 93021 ATTN: Chair of the Board Either party may, from time to time, by written notice to the other, designate a different address that shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. K. Nothing contained in this agreement shall be deemed, construed or represented by the City or Chamber or by any third person to create the relationship of principal or agent, or of a partnership, or of a joint Page 4 of 8 venture, or of any other association of any kind or nature between the City and Chamber. L. This agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. M. No waiver of any provision of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. N. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this agreement or as a result of any alleged breach of any provision of this agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgement or decree rendered in such a proceeding shall include an award thereof. 0. Cases involving a dispute between the City and Chamber may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgement of the arbitrator. P. This agreement is made, entered into, executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. Q. The captions and headings of the various Articles and Paragraphs of this agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. Page 5 of 8 ��' J, R. In the performance of the terms of this Agreement, Chamber agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of the age, race, color, sex, national origin or ancestry, or religion of such persons. 6. Responsible Individual The individual directly responsible for Chamber's overall performance of the agreement provisions herein above set forth and to serve as principal liaison between City and Chamber shall be the Chair of the Board. Upon mutual written agreement of the parties, other individuals may be substituted in the above capacity. 7. City's Agent The Moorpark City Manager, or his designee, shall have the right to review all work to be performed by the Chamber pursuant to this agreement, and shall be the City's agent in this matter. City of Moorpark: Moorpark Chamber of Commerce: Steven Kueny, Chair of the Board City Manager ATTEST: Deborah S. Traffenstedt City Clerk Page 6 of 8 �[� -- -1 Exhibit A SPECIFIC SERVICES AND COMPENSATION In addition to those items specified in the Agreement, Chamber agrees as follows: 1. To provide and maintain for the duration of the Agreement open office hours a minimum of 5 days per week, 4 hours per day with regular business hours. In addition, an answering machine or service to receive messages when the office is closed. 2. Within the term of the Agreement, publish a 2006 edition business and community directory of all known businesses in the City, regardless of Chamber membership, and provide for general distribution of 11,000 copies of the directory to City residences and businesses without charge. Chamber may utilize information from City's business registration program to augment this effort and shall provide information to verify data. The City shall have a minimum of eight (8) pages in this directory to provide City information and shall have final editorial authority for any content and photographs on the City's pages of a publication that pertain to the City, its projects, activities and programs. 3. Promote tourism in Moorpark including participation in the activities and programs of the Ventura County Tourism Collaborative and other tourism - related activities. 4. Sponsor the following activities or events: • Seminars, workshops and resource services to enhance and promote the retail business sector of Moorpark. • Sponsor activities that serve to promote the commercial /industrial sector of Moorpark. • Sponsor a major event to provide networking and promotional exposure opportunities for all sectors of business and industry in Moorpark. 5. Recognize City co- sponsorship or support of any of these events in promotional literature and other public information. 6. Upon City request, actively market to Chamber members, all City- sponsored Economic Development Assistance Programs Page 7 of 8 oet Z- including advertisements in Chamber promotional materials, newsletters, e- mails, fax transmittals and on the Chamber website. 7. Provide at no cost to the City up to 15 attendees at Annual Installation Dinner. 8. Provide at no cost to the City one Booth Space at the Annual Apricot Festival City agrees as follows: 1. Provide information to Chamber from City's business registration listing and other information on an as needed basis about City activities and projects 2. Provide the Chamber payments totaling $20,000 as follows: • $5,000 on July 1, 2005 • $5,000 on September 1, 2005 • $5,000 on January 1, 2006 • $5,000 on March 1, 2006 3. Co- sponsor the following events: • Annual Business Expo • Annual Apricot Festival • Annual State of the City Address Page 8 of 8 0-,.,.. �r 1 ,G A.,