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HomeMy WebLinkAbout2011-108 Supplemental Agrmt - Chamber of Commerce CITY OF ASHLAND Supplemental Agreement for Services Between City of Ashland And Ashland Chamber of Commerce Agreement between the City of Ashland (City) and the Ashland Chamber of Commerce (Chamber) to develop and conduct a Business Retention and Expansion (B,R&E) survey consistent with the description and intent from the City of Ashland Economic Development Strategy. This contract is in addition to the amount contracted to the Ashland Chamber of Commerce and Ashland Visitors and Convention Bureau for tourism promotion services. PURPOSE The City allocates economic development funds to promote and stimulate business activity in Ashland consistent with the strategy and actions adopted in the City's Economic Development Strategy (Strategy) document. COMPENSATION The City will allocate $25,000 from the 2011-12 economic development portion of the transient occupancy tax (TOT) to the Chamber for the development and completion of a business retention and expansion survey. BUSINESS RETENTION & EXPANSION SURVEY In conducting the survey work under this contract, the Chamber, utilizing the Strategy document as a reference, will complete the following: 1. Development of comprehensive survey questions to collect the following data: a. Identify advantages and challenges in growing their business in Ashland b. Define successes and challenges over the past few recessionary years c. Describe what they think will make Ashland's economic future healthier d. Determine educational and skill needs and/or gaps in the existing available workforce e. Determine educational and professional development needs and resources/support for business owners and their leadership teams f. Determine the types of investment capital needed or desired for business growth g. Determine future physical grow1h needs, define challenges/barriers to grow1h h. Determine the specific needs unique to first, second and third stage businesses i. Determine approximate dependence or reliance on other local and regional business for success (supply chain, wholesale customers, etc) j. Identify the significance/importance that businesses place on sustainable business operations and decisions and their interest in pursuing it further. k. Create an on-going, consistent data set able to be used to evaluate success for use in future surveys I. Other data consistent with the content of the Strategy document t'A1 2. Recommendations to the City of Ashland related to: a. Business needs for a resource and mentoring program b. Ways to improve start-up and growing businesses access to capital c. Best ways to create a coordinated economic development marketing plan d. Programs to connect local education partners with the business community e. Demand for job training programs to meet specific skills gaps 3. The BR&E in this contract will focused specifically on businesses related to the City's Strategy. That is: a. Existing businesses in the community with a commitment to operating their business and living in Ashland b. Businesses that rely on and earn a competitive advantage from innovation, creativity, design and technology in their operations for new product development, creation or expansion of niche markets, process improvements, etc c. Businesses that produce specialty and value added goods or services with a market beyond our local economy d. Businesses that purchase from the local and regional economy for supply or provide goods or services that reduce the need of the community to purchase goods or services from outside of region. e. Those businesses may produce a wide variety of different types of products and services. They generally have the following attributes: (1) Local design, engineering and pre-production development with larger scale production occurring elsewhere (2) Locally based top leadership/decision making team with some operation functions possibly occurring elsewhere (3) Educated, creative and innovative workforce (4) Access to high speed broadband internet services (5) Limited need for large outdoor storage, large scale production facilities or significant off- site water or energy needs for local operations (6) Quality of life as a key business and personal measure of succes,s. CONTRACT REQUIREMENTS AND REPORTING 1. The Chamber shall provide summary reports of all survey data in a format that provides a maximum level of detail without violating the trust and confidence of the businesses participating in the survey 2. Where feasible, data will also be provided in editable electronic formats (xis, csv, doc, etc) 3. The City of Ashland will designate a City staff person to serve on the Chamber's Leadership Team and Task Force for the BR&E. This staff person will maintain all information received in a confidential manner, to the extent permitted by Oregon Public Records laws. 4. The City's staff person will participate, at a minimum, in selection of the independent researcher, finalization of the survey questions, and selection of the enterprises to be interviewed. 5. Quarterly reports to the City Administrator on progress on the BR&E over the duration of this contract. 6. Oral presentation to the City Council presenting a summary and highlights of the final survey report at the conclusion of this contract. 2 ~A' GENERAL PROVISIONS 1. Amount of Contract. Subject to the terms and conditions of this agreement, the City agrees to provide funds in the amount specified above. 2. Use of Contract Funds. The use of City funds is expressly limited to the objectives identified in this agreement. 3. Unexpended Funds. Any funds held by the Chamber of Commerce remaining after the purpose for which the contract is awarded or this agreement is terminated shall be returned to the City within 30 days of completion or termination. 4. Financial Records and Inspection. The Chamber includes in the report to the City a) copies of 501(c) (4) letter, IRS non-profit status and corporate bylaws; b) list of Board members, their occupations, and years on the Board; c) financial statements showing previous year expenses and revenues; d) current and projected budgets (total organization and individual program's funded by this contract). Chamber report should show the relative share of City funds expended compared to overall project funds. 5. Living Wage Requirements. If the amount of this agreement is $18,703.00 or more, and if the Contractor has ten or more employees, then Contractor is required to pay a living wage, as defined in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their time within a month performing work under this agreement. If the Chamber is required to pay a living wage, they are also required to post the attached notice predominantly in areas where it will be seen by all employees. 6. Default. If the Chamber fails to remedy any material breach of any of their obligations under the terms of this agreements within 30 days of receipt of written notice from the City of the breach, or if the Chamber fails to expend the contract funds or enter into binding legal agreements to expend the funds within twelve months of the date of this agreement, the City, by written notice of default to the Chamber, may terminate the whole or any part of this agreement and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the agreement, stop payment on or return of the funds, payment of interest earned on funds or declaration of ineligibility for the receipt of future contracts from the City of Ashland. 7. Amendments. The terms of this agreement will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. Such written modification will be made a part of this agreement and subject to all other agreement provisions. 8. Indemnity. The Ashland Chamber of Commerce agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation's, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by the Chamber (including but not limited to, Chamber employees, agents, and others designated by Chamber to perform work or services relating to Chamber obligation under the terms of this agreement). Chamber shall not be held responsible for damages caused by the negligence of City or anyone acting in behalf of City. 9. Insurance. Ashland Chamber of Commerce shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy. The liability under such policy shall be a minimum of $500,000 per occurrence (combined single limit for 3 ~A' bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insures. Certificates of insurance acceptable to the City shall be filed with the City Risk Manager or Finance Director prior to the expenditure of any City funds. 10. Merger. This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified in this agreement regarding this agreement. Ashland Chamber of Commerce, by the signature below of its authorized representative, acknowledges that it has read this agreement, understands it, and agrees to be bound by its terms and conditions. 11. Dispute Resolution. In the event of any dispute between the parties relating to this agreement, the parties shall attempt alternative dispute resolution (mediation or arbitration) prior to filing any formal legal action. 12. Notices and Representatives. All notices, certificates, or communications shall be delivered or mailed postage prepaid to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. City of Ashland Martha Bennett, City Administrator 20 East Main Ashland, OR 97520 Ashland Chamber of Commerce: Sandra Slattery, Executive Director 110 East Main Ashland, OR 97520 This Agreement constitutes the Entire Agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver or terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment, consent or waiver shall be effective only in the specific instance and for the specific purpose given. Ttle parties, by the signature below or their authorized representatives, acknowledge ,paving read and understood the Agreement and the parties agree to be bound by its terms and conditions. By Title Date By Title Date h"'~-/J 4 ~A'