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HomeMy WebLinkAboutAgenda Report - March 4, 1992 (62)CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Approve Contract With The San Joaquin Partnership MEETING DATE: March 4, 1992 PREPARED BY: City Manager RECOMMENDED ACTION: That the City Council approve the Service Agreement between the City of Lodi and The San Joaquin Partnership which provides for economic development services for the City. BACKGROUND INFORMATION: At the "Shirtsleeve" session of March ?, 1992 the City Council was scheduled to hear a presentation by Mr. Rick Weddle, president of The San Joaquin Partnership regarding the activities of the Partnership in the area of economic development. The Partnership is requesting at this tima approval of the Service Agreement. FUNDING: 1991-92 Operating Budget TAP:br Attachment CCCOM442/TXTA.07A AFPROVED Respectfully submitted, Thomas A. Peterson City Manager THOMAS A PETERSON La r"Cy ea paper SERVICE AGREEMENT This Service Agreement ("Agreement") is entered into this day 0.1 r 19 r by and between a municipal corporation existing under the laws of the State of California ("City") and the SAN JOAQUIH PARTNERSHIP, INC., a corporation organized under the nonprofit laws of the State of California ("Contractor") (Collectively "Parties"). RECITALS 9 r 1. WHEREAS, the City desires to use funds for the promotion i of social and economic welfare of its citizens through the creation of job opportunities for the City: and 2. WHEREAS, Contractor is organized under the nonprofit laws of the State of California for the purpose of promoting social welfare; and 3. wHEREAS, the City and Contractor have recognized their joint interests, desires, and objectives, and have determined that their mutual goals can best be attained by working, together: and -i- SJPART.SA2/TXTGVT/422092/1 DRAFT 4. WHEREAS, the City Council of the City of , California, ha5 approved the use of funds to enable and assist the Contractor to operate a program designed to accomplish the desired economic development; NOW, THEREFORE, in consideration of the mutual covenants, promises, and the performance of the conditions contained herein, the City and Contractor agree as follower i. The scope of the services to be performed by Contractor shall include, but shall not be limited to, the following: (a) Act as a catalyst between business interests end the City to bring about economic development. (b) Develop and manage a program to stimulate economic growth and development of the City. (c) Employ staff to carry out the respor sibilitiee of the corporation. (d) Service the City as an advisor to provide guidance in the economic development of the City. (e) Work cooperatively with the City to integrate public facilities and utilities to assist in the promotion of economic development opportunities. -z- SJPART. SA 7/TxT(,Vr"/O 77097 /1 DRAFT (f) Seek out private developers and businesses that are interested in locating or expanding within the City. (9) Perform, to the extent Contractor deems necessary, public relations and marketing functions designed to promote economic activity. (h) Re►searoh and develop target markets within California, the United States and the Pacific Rim which will lead to economic development within the City. (i) Coordinate, to the extent possible, the activities of the Contractor -with Vision 2000 - A Blueprint for the Future. (J) Perform, to the extent deemed necessary by Contractor, economic research, including the complying of economic data designed to result in economic development. (k) Aeai.et the City in image enhancement, to the extent Contractor deeme necessary. (1) Establish and assist, to the extent deemed necessary by Contractor, programs designed to train and evaluate workers with the goal to retain end expand businesses within the City, -3-- SJPART.SA2/TXTGVT/022092" DRAFT (m) Assist in the packaging of loans and other incentives designed to bring about economic development. 2. The City may assign appropriate City Staff and provide technical support as City and Contractor mutually deem appropriate. 3. The Contractor shall remain responsible and accountable for the performance of the terms and conditions of this Agreement notwithstanding that the Contractor may employ consultants to perform any of its activities. 4. The term of this Agreement shall be for a period of one (1) year, subject to renewal upon mutual agreement of the Parties. 5. A. During the first year of this Agreement, City shall, within days of the date of this Agreement pay Contractor the sum of $ for performance of the service* rendered pursuant to this Agreement. B. At each annual renewal, unless otherwise agreed, City shall pay, within days of renewal, the amount indicated in Section 5.A. 6. Contractor shall, every six (6)months, furni.ah City with a description of activities performed by Contractor to -4- SJPART.SA2/TXTGVT/022©92/1 DRAFT date, with a list of ongoing and proposed activities for the next six (6) months. 7. Upon the presentation of the report pursuant to Section 6 above, Contractor and City shall, at either's request, meet to discuss, plan, change, and implement any activities for the remainder of the term of this Agreement. 8. The Contractor shall comply with all reasonable requests of the City to keep the City updated and informed with respect to Contractor's activities in the performance of this Aqreement. 9. Contractor agrees to maintain financial recorde in a form and manner as may be required by the Internal Revenue Service and, upon written request by City, shall make such recorde of Contractor relative to this Agreement available to City. 10. Contractor shall not discriminate against anyone on the basis of race, color, religion, sex, or national origin in connection with the performance of this Agreement. 11. All notices, requests, demands, or other communications pertaining to this Agreement shall be in writing and shall be deemed given if delivered in person or within five (5) days after having been mailed certified mail, return receipt requested, as follows: -5- C".TDAAT 41,n ) /,ry r =wrIo77(107 /I rEB .:4 192 111:c3AM 5"1 JC14—jJIr4 F�;FTIZFEHD: If to Citys City Manager If to Contractor: F.7 DRAFT California Stockton, California 12. Should any portion of this Agreement be rendered void, invalid, or unenforceable by any regulation, law, or by any court of law for any reason, such determination shall not render any other portion of this Agreement void, invalid or unenforceable. 13. This Agreement shall be governed and interpreted by the lawa of the State of California and venue shall be San Joaquin County, California. 14. This Agreement may be terminated by either party without further obligation then existing at date of such termination upon the giving of sixty (60) days advance written notice to the other party. - 15. This Aqreement may not be modified, changed, or amended unless such modification, change, or amendment is in writing and signed by both Parties to this Agreement. -6- `,77) b_ `�7')nRT.T,7/rx"rf;VT/()7709) FES 2-4 '92 13:2%1AM A41 A)UIN P�74RTN ER, HIP F.8 DRAFT IN WITNESS THEREOF, the Parties have caused their duly authorized representatives to execute this Agreement on the date above written. "City" By:, _.....DAFT City Manager "Contractor* By T* 4 CITY COUNCIL JAMES W. PINKERTON, MaMo► PHILLIP A. PENNINO MW Pro Ten+pore DAVID M. HINCHMAN JACK A. SIEGLOCK JOHN R. 0*R10 WDER CI'T'Y OF LODI CITY HALL. 221 WEST PINE STRUT 1O. Box 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5634 FAX (M 3134V95 March 10, 1992 San Joaquin County Partnership Attention: Mr. Tom Shephard P.O. Box 20 Stockton, CA 95201 Dear Mr. Shephard: TPAYAAS A. PETERSON city mw"" ALICE M. REIMCHE City ck-'k BOB M CNATT City Alt money Enclosed please find two signed copies of the Service Agreement between the City of Lodi and the San Joaquin County Partnership which was adopted by the Lodi City Council at its March 4, 1992 meeting. Please- have both copies signed and return one copy to us in the enclosed self-addressed, stamped envelope. If you have any questions regarding the matter. please contact our off! re. Very truly yours. r -A - 4m^ek Alice H. Reimche City Clerk AMR / jop Enclosure SERVICE AGREEMENT This Service Agreement ("Agreement") is entered into this 4th day of March, 1992, by and between the CITY OF LOO I, a municipal corporation existing under the laws of the State of California ("City") and the SAN JOAQUIN PARTNERSHIP, INC., a corporation organized under the nonprofit laws of the State of California ("contractor") (Collectively "Parties"). RECITALS 1. WHEREAS, the City desires to use funds for the promotion of social and economic welfare of its citizens through the creation of job opportunities for the City; and 2. WHEREAS, Contractor is organized under the nonprofit laws of the State of California for the purpose of promoting social welfare; and 3. WHEREAS, the City and Contractor .have recognized their joint interests, desires, and objectives, and have determined that their mutual goals can best be attained by working together; and 4. WHEREAS, the City Council of the City of Lodi, California, has approved the use of funds to enable and assist the Contractor to operate a program designed �o accomplish the desired economic development. NOW, THEREFORE, in consideration of the mutual covenants, promises, and the performance of the conditions contained herein, the City and Contractor agree as follows: 1. The scope of the services to be performed by Contractor shall include. but shall not be limited to, the following: a) Act as a catalyst between business interests and the City to bring about economic development. b) Develop and manage a program to stimulate economic growth and developcent of the City. c) Employ staff to carry out the responsibilities of the corporation. d) Service the City as an advisor to provide guidance in the economic development of the City. e) 14ork cooperatively with the City to integrate public facilities and utilities to assist in the promotion of economic_ development opportunities. f) Seek out private developers and businesses that are interested in locating or expanding with the City. g) Pii, rtorm, to the extent Contractor deems necessary, public relations and market inq functions designed to promote economic ac( iv)ty. h) Research and develop target markets within California, the United States and the Pacific Rim which will lead to economic development with the' City. i) Coordinate, to the extent possible, the activities or the Contractor with Vision 2000 - A Blueprint for the future. j) Perform, to the extent deemed necessary by Contractor. economic research, including the complying of economic data designed to result in economic development. k) Assist the City i n image enhancement, to the extent Contractor deems necessary. 1) Establish and assist, to the extent deemed necessary by Contractor, programs designed to train and evaluate workers with the goal to retain and expand businesses within the City. m) Assist i n the packaging of loans and other incentives designed to bring about economic development. 2. The City may assign appropriate City 5tarf and provide technical support as City and Contractor mutually deem appropriate. 3. The Contractor shall remain responsible and accountable for the p ~formance of the terms and conditions of this Agreement notwithstanding that the Contractor may employ consultants to persorro any of its acuivit, :es. 4. The tern; of this Agreement shall be for a period of one (1) year, ab�ec', to renewal uper; rutt�al agreement of the parties. 5. a) of $ During the first year of this Agreement, City shall, within days of the date of this Agreement pay the Contractor the sum for performance of the services rendered pursuant to this Agreement. within b) At each annual renewal, unless otherwise agreed, City shall pay, days of renewal, the amount indicated in Section 5. a. 6. Contractor shall, every six (6) months, furnish City with a description of activities performed by Contractor to date, with a list of ongoing and proposed activities for the next six (6) months. 7. Upon the presentation of the report pursuant to Section 6 above, Contractor and City shall, at either's request, meet to discuss, plan, change, and implement any activities for the remainder of the term of this Agreement. 8. The Contractor shall comply with all reasonable requests of the City to keep the City updated and informed with respect to Contractor's activities in the performance of this Agreement. 9. Contractor agrees to maintain financial records in a form and manner as may be required by the Internal Revenue Service and. upon written request by City, shall make such records of Contractor relative to this Agreement available to City. 10. Contractor. shall not discriminate against anyone on the basis of race, color, religion, SEX, or national origin in connection with the performance of this Rgreerfient. 11. All notices, requests, demands, or other communications pertaining to this Agreement shall be in writing and shall be deemed given if delivered in person or within five (5) days after having been mailed certified mail. return receipt requested, as follows: If to City: City Manager If to Contractor: , Czlifornia Stockton, California 12. Should any portion of this Agreement be rendered void, invalid, or unenforceable by any regulation, law, or by any court of law for any reason, such determination shall not render any other portion of this Agreement void, invalid or unenforceable. 13. This Agreement shall be governed and interpreted by the laws of the Stake of California and venue shall be "San Joaquin County, California. 14. This Agreement may be terminated by either party without further obligation o erg existing at date of such termination upon the giving of sixty (60", days advance wi e t n notice to the other party. L5. This Agreement may not be modified, changed, or amended unless such modification, change, or amendment is in writing and signed by both Parties to this Agreement. IN WITNESS THEREOF, the Parties have caused their duly authorized representatives to execute this Agreement on the date above written. OP C i ty'l omas A. Peterson, City Manager Attest: Al�ice M. Reimchol,fCity clerk Approved as to form: L �Lcv* - ( Bobby W. Md att, City Attorney "Contractor" By: Title: