Agreement

City of Glendale — Regular Meeting (2021-05-25)

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Membership and Services Agreement
Glendale Chamber of Commerce

THIS AGREEMENT is entered into and effective between the CITY OF GLENDALE, an Arizona
municipal corporation ("City") and the Glendale Chamber of Commerce, an Arizona corporation,
authorized to do business in Arizona, ("Chamber"), as of the 1° day of July, 2021 (“Effective Date”).

RECITALS

The City acknowledges that the Chamber plays an important role in enhancing the image and
prosperity of the community through its many activities; and

The City recognizes the Chamber represents the business community, particularly the small business
community of Glendale; and

The City understands the value of being a member of the Glendale Chamber of Commerce and
wishes to remain a member through this Agreement; and

Both the City and the Chamber mutually agree the Chamber has the unique skills and resources
necessary to assist the City in accomplishing its goal of projecting a positive business image of
Glendale; and

The Chamber agrees to provide services and perform activities which are not within the normal and
customary activities performed by the Chamber as detailed below.

AGREEMENT

NOW, THEREFORE, the parties hereby agree as follows:

1.

Fees. For the period beginning July 1, 2021 to June 30, 2024, the City agrees to pay the Chamber of
Commerce $20,000 per annum for general membership, membership in the Chairman's Circle as
referenced in Exhibit A, and other services and activities the Chamber agrees to perform pursuant to
Section 2 of this Agreement.

Chamber Activities and Support Services. The Chamber shall provide the City with general
support services and perform activities designed to assist the City in maintaining a positive business
image. The specific services and activities which the Chamber shall perform are subject to prior
approval by the City Manager or designee.

2.1 Activities. The specific services and activities which the Chamber shall perform shall include, but
shall not be limited to the following:

a. Co-host a minimum of two (2) events per annum with the Office of Economic
Development for the purpose of business appreciation, attraction, or retention.

b. Work cooperatively with the Office of Economic Development and City Management to
support Glendale businesses in need of locational assistance and resources.

c Participate with the City in a comprehensive, city-wide Business Retention and
Expansion program. The Chamber's participation will include personal visitations to
companies with or without the representation from the Office of Economic Development.
The Chamber will use its resources and expertise to assist in resolving issues a company
may have related to its business operations.

d. The Chamber will make available to the City, at no cost to the City, Chamber-produced
marketing materials to assist in attracting and retaining companies to Glendale.

e. The Chamber will make available no less than eight (8) full pages in the Glendale Living
Magazine for city use.

f. The Chamber and the City will jointly partner on an annual business expo for local
businesses.
g. The Chamber will host events and invite representatives from the City to participate in

making presentations to Chamber groups, such as periodic Business Roundtables.

h. The Chamber agrees to distribute electronically the City's Office of Economic
Development marketing materials to their general membership as requested by the Office
of Economic Development.

i. The Chamber agrees to provide a complimentary one-year membership to graduates of
the Arizona State University Startup School taught by staff from the City’s Office of
Economic Development.

J The Chamber will provide a forum for the Mayor's State of the City address annually to
the Chamber's membership and invited guests.

k. The Chamber will refer any inquiries it receives from businesses interested in locating or
expanding in Glendale to the City's Office of Economic Development.

I. The Chamber will maintain a close relationship with the City through the Office of
Economic Development, and at its own expense, the Chamber will promote Glendale
attractions and events, particularly City Signature events and special events such as the
Super Bowl, Fiesta Bowl and other significant tourism and/or national events.

m. The Chamber will maintain a close working relationship with the City Inter-
Governmental Programs Department to foster and support legislation mutually beneficial
to the business community and the City.

2.2 Additional Services and Activities, Either party may, at any time, suggest other services and
activities to be performed by the Chamber under this Agreement. City and Chamber agree to deal
in good faith when negotiating which specific additional activities and services the Chamber shall
perform.

Relationships of Parties. Chamber shall be an independent contractor under this Agreement. This
Agreement is not intended by either party to create, or give rise to, a joint venture, partnership,
employer-employee relationship or formal business association between the parties.

4. Term. The term of this Agreement commences upon the effective date and continues for a3 (three)
year period.

5. Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30)
days written notice to the other party. Should the Chamber terminate this Agreement prior to
expiration of the term set forth in section 4, a pro rata refund of the City payment shall be made by
the Chamber to the City within 30 days of termination.

6. Reporting. No later than 1* of May each year, the Chamber agrees to provide City with an annual
report detailing the services provided pursuant to this Agreement, along with its annual IRS Form
990, for preceding calendar year.

7, Compensation and Payment.

7.1 Compensation. Chamber’s compensation for this agreement will be in the amount of Twenty
Thousand dollars ($20,000) annually, pursuant to the terms of this Agreement,

7.2 Payment. Payment will be made by the City in two (2) $10,000 payments. The first payment will
be made during the first quarter of the City’s fiscal year (July | - September 30). The second
payment will be made during the fourth quarter of the City’s fiscal year (April 1 - June 30) and
shall be conditioned upon receipt of the Chamber's annual report and IRS Form 990, as required
pursuant to section 6, The City has sole discretion of when to make the payment during the
designated quarters.

8. Notices. Communications and notifications regarding this Agreement and performance of its terms by
the parties shall be made as follows:

Chamber. President
Glendale Chamber of Commerce
Bank of America Building
5800 West Glenn Avenue, Suite 275
Glendale, Arizona 85301

City. City of Glendale
Economic Development Director
Office of Economic Development
5850 W Glendale Avenue, Ste 217
Glendale, Arizona 85301

With required copy to:

City Manager City Attorney

City of Glendale City of Glendale

5850 West Glendale Avenue 5850 West Glendale Avenue
Glendale, Arizona 85301 Glendale, Arizona 85301

9. Assignment. This Agreement and any amounts receivable hereunder shall not be assignable except
with the written consent of the parties.

10. Non-Discrimination, Chamber must not discriminate against any employee or applicant for

11.

12.

13,

14,

employment on the basis race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Chamber will require any Subcontractor to be bound to the same
requirements as stated within this section. Chamber, and on behalf of any subcontractors, warrants
compliance with this section.

E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Chamber
warrants its compliance and that of its Subconsultants with all federal immigration laws and
regulations that relate to their employees and compliance with the E-verify requirements under A.R.S.
§ 23-214(A). The Chamber or Subcontractor’s breach of this warranty shall be deemed a material
breach of the Agreement and may result in the termination of the Agreement by the City under the
terms of this Agreement. The City retains the legal right to randomly inspect the papers and records
of the other party to ensure that the other party is complying with the above-mentioned warranty. The
Chamber and Subcontractor warrant to keep their respective papers and records open for random
inspection during normal business hours by the other party. The Chamber and Subcontractor shall
cooperate with the City’s random inspections, including granting the City entry rights onto their
respective properties to perform the random inspections and waiving their respective rights to keep
such papers and records confidential.

No Boycott of Israel. The Parties agree that they are not currently engaged in, and agree that for the
duration of the Agreement they will not engage in, a boycott of Israel, as that term is defined in
A.R.S. §35-393.

Conflicts. This Agreement is subject to cancellation for conflicts of interest under the provisions of
ARS. § 38-511.

Exhibits. The following exhibit, with reference to the term in which it is first referenced, is
incorporated by this reference.

Exhibit A Chairman’s Circle Member Benefits

[SIGNATURES ON FOLLOWING PAGE.]

IN WITNESS WHEREOF, the parties enter into this Agreement effective as of the date shown above.

City of Glendale,
an Arizona municipal corporation

By: Kevin R. Phelps
Its: City Manager

ATTEST:

Julie K. Bower
City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D, Bailey
City Attorney

Glendale Chamber of Commerce
an Arizona corporation

Robuk us Haase

By: Robert W. Heidt, Jr.
Its: President & CEO

Chairman’s Circle Member Benefits:

Enhances visibility on the Chamber’s website (homepage) with a logo and link to your
company website
Priority seating at Chamber events and programs
Convenience of a one-time, all inclusive transaction on level of investment for dues, events
and sponsorships
Representation at all events with shared Chairman’s Circle Investor signage
Representation at Chamber office on shared Chairman’s Circle Investor signage
Shared full page ad in the Chamber’s magazine acknowledging your support
5% discount off advertising in Chamber’s quarterly magazine on advertising
Includes all other membership benefits and perks (see below)
Special framed certificate of appreciation to hang in your lobby or place of business
Ability to participate in the “Voices of the Chamber” marketing campaign
Recognition at the following events as a sponsor — (sponsors logo included on all promotional
pieces):
* Annual Dinner & State of the City (includes the a table of eight or ten for
Mayor’s Office with seating determined by the Mayor, 2 seats for each city
councilmember for them and a guest, four seats for the city managers office)
= Luke Shoot Out Golf Tournament (includes foursome)
= Business Expo (includes display table(s))
* Annual Auction Gala (includes 2 seats for the Mayor & a guest and each city
councilmember and a guest — 14 total seats)
" Scholarship Golf Tournament (includes foursome)
Ability to insert an item/flyer into the Luke Air Force Welcome bags and relocation packets
mailed out
Recognition in ‘Chamber at a Glance’, bi-weekly Chamber email with logo and link

General Member Benefits

Proud Member window decal with Chamber logo for display

Representation in Glendale and the West Valley

Ribbon cuttings for a groundbreaking, grand opening, milestone or anniversary for your
business

Business Building and Networking opportunities

Customer and visitor referrals and assistance

Member pricing for Chamber events, programs and publications

Custom sponsorship and advertising packages with the Chamber

Volunteer opportunities including various committees

Free notary service for Chamber members

Over 100 Events and Programs

Complimentary attendance to all Business After Hours

Certificates of Origin

Free use of conference room (based on availability)

Chamber team focused on local economic development, community, business retention and
expansion

All members receive one free listing under their primary category in the Glendale Chamber
Magazine

Display area in the Chamber lobby for brochures, business cards, and event calendars
Chamber Anniversary recognized in “The Pulse”, a monthly newsletter published by the
Glendale Star

Company profile page in Online Directory, providing 24/7 access to your customers
Free additional category listings on Chamber online directory

Subscription to Bi-Weekly Chamber At-A-Glance newsletter

Company announcements on Chamber website

Post events to our online Community Events Calendar

Access to create and distribute online coupons exclusively for Chamber members

Up to 25% off a Constant Contact membership

Free Prescription Drug Savings Card

Receive up to 60% savings through the Office Depot Program

Savings program thru Staples exclusive for members

Discounts on tuition with GCU

Member-to-Member Savings Connections Program