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
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