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02-0909_CHAMBER OF COMMERCE, SJC_AgreementAGREEMENT THIS AGREEMENT (the "Agreement") is made this _�Eday of 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, forthe consideration setforth below, agree as follows: SECTION 1. This Agreement shall be from September 3, 2002 through June 30, 2003 (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 Agreement. This funding shall be disbursed following execution of this Agreement. SECTION 3. The Chamber shall diligently advertise and promote the community of San Juan Capistrano and respond to visitor inquiries and requests for information. 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, 2002, containing the following information for the time period from September 3, 2002 through June 30, 2003: The number of visitor -related telephone calls handled with an estimated breakdown on a monthly basis. The number of special events the Chamber was involved in to attract visitors to the community. 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 to: Answer phone calls and correspondence requesting visitor related information. Provide written information and materials as needed and to facilitate visitor attendance. SECTION 7. Chamber shall defend, hold harmless and indemnify City and all officers and employees of the City from any and all damages, costs and claims arising out of Chambers activities under this Agreement. SECTION 8. 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. SECTION 9. This Agreement may be terminated by City without cause by providing 10 days written notice of termination to Chamber. SECTION 10. This Agreement contains the entire Agreement and understanding of the parties concerning the subject matter herein. 2 IN WITNESS WH REOF, the parties hereto have executed this Agreement on the day of—�2h. 2002. SAN JUAN CAPISTRANO CHAMBER OF COMMERCE By P -aa -0z Executive Director I 4111 CAPISTRANO , City Manager ATTEST: Mg ret R. Monahan, City Clerk AP ROVED AS TO FORM John haw, City Attorney