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03-0506_CHAMBER OF COMMERCE, SJC_Memorandum of Understanding0 MEMORANDUM OF UNDERSTANDING THIS MEMORA'NDUM OF UNDERSTANDING (the "Memorandum") is made this day ofy 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 set forth below, agree as follows: SECTION 1. The term of this Memorandum shall be from May 6, 2003 through June 30, 2004 (the "term"). SECTION 2. The City shall provide $25,000 within two weeks from date of 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. SECTIONS. The Chamber of Commerce shall provide a financial report to the City six months following the advance payment of funding identifying its financial status and need for additional funding or loan from the City to be considered. SECTION 6. The Chamber shall provide quarterly containing the following information for the time period from May 6, 2003 through June 30, 2004: 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. 3. The number of tour groups assisted. ATTACHMENT 4. A summary of tourism activities and general services provided. SECTION 7. The responsibilities and duties required by the Chamber of Commerce in exchange for the funding shall be as follows: 1. Chamber of Commerce to: a) answer phone calls and correspondence requesting visitor related information, 2. Provide written information and materials as needed and to facilitate visitor attendance. 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. 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 h execute this Memorandum the 6" of May, 2P03. Executive Director o car rough, City Manager JSJC Chambeof City Capistrano Approved a o orm: John Sh Clity Attorney :lerk