01-0918_CHAMBER OF COMMERCE, SJC_Memorandum of UnderstandingMEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (the "Memorandum") is made this
18th day of September, 2001 by and between the CITY OF SAN JUAN CAPISTRANO
(the "City") and the SAN JUAN CAPISTRANO CHAMBER OF COMMERCE (the
"Chamber").
WITNESSETH:
WHEREAS, the City has identified and endorsed a series of goals and objectives
for visitor services for the community; and
WHEREAS, the Chamber has demonstrated the ability to properly follow-up and
give consideration to inquiries made relative to the various activities of the City; and
WHEREAS, such activities are recognized by law as being in the public interest and
serving a public purpose.
NOW, THEREFORE, City and Chamber, for the consideration set forth below, agree
as follows:
SECTION 1. The term of this Memorandum shall be from September 18, 2001
through June 30, 2002 (the "term").
SECTION 2. The City shall provide funds to the Chamber the amount of Twenty -
Five Thousand Dollars ($25,000.00) for the term of this Memorandum.
SECTION 3. The Chamber shall diligently advertise and promote the community
of San Juan Capistrano and respond to visitor inquiries and requests for information and
shall carry out activities consistent with the goals and objectives described in Attachment
"A", attached hereto and incorporated herein by reference.
SECTION 4. In no event shall any of the funds described above be used for political
purposes.
SECTION 5. The Chamber shall provide a written report to the City on or before
June 30, 2001, containing the following information for the time period from September
18,2001 through June 30, 2002:
The number of visitor -related telephone calls handled with an estimated
breakdown on a monthly basis.
2. The number of special events the Chamber was involved in to attract visitors
to the community.
Attachment 1
MEMORANDUM OF UNDERSTANDING
CHAMBER OF COMMERCE
PAGE 2
3. The number of tour groups assisted.
4. A summary of tourism activities and general services provided.
SECTION 6. The responsibilities and duties required by the Chamber of Commerce
in exchange for the funding shall be as follows:
Chamber of Commerce to: a) answer phone calls and correspondence
requesting visitor related information and b) provide written information and
materials as needed and to facilitate visitor attendance.
SECTION 7. Chamber shall maintain in full force and effect comprehensive
general liability coverage, including premises operations, products/completed operations,
broad form property damage and blanket contractual liability in the following minimum
amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
If Chamber employs employees to perform services under this Memorandum,
Chamber shall obtain and maintain, during the life of this Memorandum, Worker's
Compensation Employer's Liability Insurance in the statutory amount as required by state
law.
These policies shall not terminate, nor shall they be canceled nor the
coverage reduced until after 30 days' written notice is given to the City.
Prior to beginning work, Chamber shall provide to City certificates of
insurance establishing that the required insurance coverages have been secured by
Chamber. Chamber shall provide an endorsement to City establishing that City has been
legally added as an additional insured to the insurance policies required under this
Memorandum.
SECTION 8. Chamber shall defend, hold harmless and indemnify City and all
officers and employees of the City from all costs and claims for damages to real or
personal property or personal injury to any third party resulting from the activity of itself,
employees or its agents.
MEMORANDUM OF UNDERSTANDING
CHAMBER OF COMMERCE
PAGE
SECTION 9. At all times during the term of this Memorandum, Chamber shall be
an independent contractor and shall not be an employee of the City. City shall have the
right to control Chamber only insofar as the results of Chamber's services rendered
pursuant to this Memorandum; however, City shall not have the right to control the means
by which Chamber accomplishes services rendered pursuant to this Memorandum. All
persons employed to provide services under this Memorandum shall be employees or
contractors of Chamber and shall not be deemed employees of City for any reason or
purpose.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum the
lWh day of September, 2001.
APPROVED AS TO FORM:
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John R. S aw, City Attorney
C AECHELLE\M isc.Documents\0102MOU.wpd
SAN JUAN CAPISTRANO
CHAM R OF COMME CE
By:
Carol Adams, anager
CITY 01F SAN JUAN CAPISTRANO
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Monahan, City Clerk