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04-0907_CHAMBER OF COMMERCE, SJC_AgreementAGREEMENT THIS AGREEMENT, made and entered into this 7th day of September 2004, by and between the City of San Juan Capistrano, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the San Juan Capistrano Chamber of Commerce, a California non-profit corporation (hereinafter referred to as "Chamber"). WITNESSETH: WHEREAS, City and Chamber are mutually desirous of promoting the community's advantages and disseminating information relative thereto during the 2004-2005 fiscal year; and, WHEREAS, the Chamber has knowledge, experience and facilities for disseminating information that the City would otherwise be called upon to produce in the absence of a Chamber, and, WHEREAS, the Chamber, for many years, provided promotional programs for the development and improvement of local commerce, and has demonstrated the ability to properly follow-up and give consideration to inquiries made relative to the various activities of the City; and, WHEREAS, the success of the City and Chamber in meeting their respective goals is best served by full communications and coordinated activities; and, WHEREAS, such activities are recognized by law as being in the public interest and serving a public purpose. NOW, THEREFORE, in consideration of the premises and the covenants and condition hereinafter set forth, City and Chamber agree as follows: SECTION 1. Chamber shall diligently advertise and promote the community of San Juan Capistrano in such a manner as to attract worthwhile business enterprises, which will enhance the general welfare and well being of the citizens, and shall among other things: A. (i) Maintain suitable quarters and employ competent personnel in a public office within the downtown area of the City, easily accessible and fully equipped for the purpose of disseminating information, answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than six hours a day, except Saturday, Sunday and holidays, if City requests other times City shall agree to fund such staffing; (ii) Should the Chamber of Commerce corporate office be re -located from the downtown area, a staffed information service center such as a kiosk, booth, or mobile cart maintained in the downtown will meet the intent of providing and disseminating visitor information services. CAdouglaMagreemeWChamber 2004 SC F B. Chamber shall obtain and make available such statistics and data relating to the community of San Juan Capistrano as may be appropriate for reference by the public, the City of San Juan Capistrano and Chamber members; C. Work to coordinate activities of mutual community interest with City officials and staff; D. Provide information and assistance to individual business members with respect to promotion and advertising for the purpose of enhancing the business image and encourage business patronage; E. Serve to receive and respond to written and verbal inquiries regarding residential, commercial, industrial, tourist and business matters as they relate to the City; SECTION 2. The Chamber shall provide the City with quarterly reports setting forth the receipt and disbursement of funds consistent with Chamber record keeping and accounting and identifying expenditure of those funds received form the City. Reports to include a summary of accomplishments achieved during the reporting period. Reports shall be due 15 days from the quarter's end or October 15, 2004, January 14, 2005, April 15, 2005, and July 15, 2005; The Chamber shall also present an Annual Report to the City as of 15 days after the close of the Chamber's financial year with a summary of prior year's activities, a list of officers and Board Members and a copy of the annual Financial Statements as prepared at that time. The Chamber shall also maintain and update a budget and a copy of the then active budget shall be included. The Annual Report may be at the time and in lieu of a quarterly report for the end of the fourth quarter. Timely receipt is a condition of continued funding; SECTION 3. The Chamber will develop one business luncheon that features a discussion on the "State of the City". The luncheon will occur in the first quarter of 2005. The luncheon should bring together the business community and political leaders, providing an opportunity for interaction between business and among business people and elected officials. The Chamber will provide a written plan for the "State of the City" luncheon to the City by November 1, 2004. SECTION 4. City shall fund to Chamber $25,000.00 for fiscal year 2004-2005 Visitor Information Services. Payments shall be made quarterly upon receipt of invoice from Chamber for $6,250.00. City will process invoices according to Accounts Payable Schedule in Exhibit "A"; SECTION 5. Funds provided by the City shall not be used for political purposes and shall be applied to those purposes set forth in Section 1. The Chamber shall be entitled to continue presentations and advance the purposes of the business community in general on civic issues. C:%douglaMagreemenflChamber 2004 2 0 L SECTION 6. At all times during the term of this agreement, Chamber shall be an independent contractor and shall not be an employee of the City. All persons employed and volunteers to provide services under this agreement shall be employees or contractors of the Chamber and shall not be deemed employees of the City for any reason or purpose. SECTION 7. This Agreement shall terminate at 12:00 pm on July 1, 2005. SECTIONS. Chamber to the extent of available insurance as provided for in Section 9, be responsible for injuries to persons and for damages to real or personal property of City, caused by or resulting from any activity or operation of Chamber, its employees or its agents during the progress of or connected with the rendition of services hereunder. And thereafter, Chamber to the extent of insurance provided for in Section 9, shall defend and 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. Chamber, shall maintain in full general liability coverage, including premises operations, and broad form property damage and following minimum amounts: $500,000 property damage; force and effect comprehensive operations, products/completed blanket contractual liability in the $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. This policy shall not terminate, nor shall it be cancelled nor the coverage reduced until after 30 days written notice is given to the City. 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. SECTION 10. At all times during the term of this Agreement, 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 the Chamber's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which the Chamber accomplishes services rendered pursuant to this Agreement. All persons employed to provide services under this Agreement shall be employees or CAdouglas\agreemenhChamber 2004 9 0 contractors of Chamber and shall not be deemed employees of City for any reason or purpose. SECTION 11. This Agreement contains the entire Agreement and understanding of the City and Chamber concerning the subject matter herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be legally adopted this 7th day of September, 2004. ATTEST: APPROVED AS TO FORM: John Sh , City Attorney CAdouglas\agreement\Chamber 2004 -4- SAN JUAN CAPISTRANO CHAMBER OF COMMERCE C11 arlie Varga, Presi ent Joe Soyb, Mayor EXHIBIT "A" CITY OF SAN JUAN CAPISTRANO ACCOUNTS PAYABLE SCHEDULE - 2004 Run: 8/26/2004 16:23 CK RUN # INVOICES DUE TO CITY OF SJC COMPLETED INVOICES TO A/P BY 5 PM DATE CHECKS PROCESSED DATE CHECKS RELEASED (After 12 Noon) CITY COUNCIL APPROVAL 1 Dec 26, 2003 Fri Jan 2, 2004 Jan 8, 2004 Jan 9, 2004 Feb 3, 2004 2 Jan 9, 2004 Fri Jan 16, 2004 Jan 22, 2004 Jan 23, 2004 Feb 17, 2004 3 Jan 23, 2004 Fri Jan 30, 2004 Feb 5, 2004 Feb 6, 2004 Mar 2, 2004 4 Feb 6, 2004 Fri Feb 13, 2004 Feb 19, 2004 Feb 20, 2004 Mar 16, 2004 5 Feb 20, 2004 Fri Feb 27, 2004 Mar 4, 2004 Mar 5, 2004 Mar 16, 2004 6 Mar 5, 2004 Fri Mar 12, 2004 Mar 18, 2004 Mar 19, 2004 Apr 6, 2004 7 Mar 19, 2004 Fri Mar 26, 2004 A r 1, 2004 A r 2, 2004 Apr 20, 2004 8 Apr 2, 2004 Fri Apr 9, 2004 A r 15, 2004 A r 16, 2004 May 4, 2004 9 Apr 16, 2004 Fri Apr 23, 2004 A r 29, 2004 Apr 30, 2004 May 18, 2004 io Apr 30, 2004 Fri May 7, 2004 May 13, 2004 May 14, 2004 Jun 1, 2004 11 May 14, 2004 Fri May 21, 2004 May 27, 2004 May 28, 2004 Jun 15, 2004 12 May 28, 2004 Fri Jun 4, 2004 Jun 10, 2004 Jun 11, 2004 Jul 6, 2004 13 Jun 11, 2004 Fri Jun 18, 2004 Jun 24, 2004 Jun 25, 2004 Jul 20, 2004 14 Jun 25, 2004 Fri Jul 2, 2004 Jul 8, 2004 Jul 9, 2004 Aug3, 2004 15 Jul 9, 2004 Fri Jul 16, 2004 Jul 22, 2004 Ju123, 2004 Aug17, 2004 16 Jul 23, 2004 Fri Jul 30, 2004 Aug5, 2004 Aug6, 2004 Aug17, 2004 17 Aug6, 2004 Fri Aug13, 2004 Aug19, 2004 Aug20, 2004 Sep 7, 2004 18 Aug20, 2004 Fri Aug27, 2004 1 Sep 2, 2004 Sep 3, 2004 Oct 7, 2003 19 Sep 3, 2004 Fri Sep 10, 2004 Sep 16, 2004 Sep 17, 2004 Oct 5, 2004 20 Sep 17, 2004 Fri Sep 24, 2004 Sep 30, 2004 Oct 1, 2004 Oct 19, 2004 21 Oct 1, 2004 Fri Oct 8, 2004 Oct 14, 2004 Oct 15, 2004 Nov 2, 2004 22 Oct 15, 2004 Fri Oct 22, 2004 Oct 28, 2004 Oct 29, 2004 Nov 16, 2004 23 Oct 29, 2004 Fri Nov 5, 2004 Nov 11, 2004 Nov 12, 2004 Dec 7, 2004 24 -NOV 2004 Thu Nov 18, 2004 1 Nov 25, 2004 Nov 26, 2004 Dec 21, 2004 251 Nov 26, 2004 Fri Dec 3, 2004 1 Dec 9, 2004 Dec 10, 2004 Jan 4, 2005 26 Dec 10, 2004 Fri Dec 17, 2004 1 Dec 23, 2004 Dec 24, 2004 Jan 4, 2005 CITY OF SAN JUAN CAPISTRANO ACCOUNTS PAYABLE SCHEDULE - 2004/2005 Run: 8/26/2004 16:26 CK RUN # INVOICES DUE TO CITY OF SJC COMPLETED INVOICES TO A/P BY 5 PM DATE CHECKS PROCESSED DATE CHECKS RELEASED (After 12 Noon) CITY COUNCIL APPROVAL 1 Dec 24, 2004 Fri Dec 31, 2004 Jan 6, 2005 Jan 7, 2005 Jan 4, 2005 2 Jan 7, 2005 Fri Jan 14, 2005 Jan 20, 2005 Jan 21, 2005 Jan 4, 2005 3 Jan 21, 2005 Fri Jan 28, 2005 Feb 3, 2005 Feb 4, 2005 Jan 4, 2005 4 Feb 4, 2005 Fri Feb 11, 2005 Feb 17, 2005 Feb 18, 2005 Jan 4, 2005 5 Feb 18, 2005 Fri Feb 25, 2005 Mar 3, 2005 Mar 4, 2005 Jan 4, 2005 6 Mar 4, 2005 Fri Mar 11, 2005 Mar 17, 2005 Mar 18, 2005 Jan 4, 2005 7 Mar 18, 2005 Fri Mar 25, 2005 Mar 31, 2005 A r 1, 2005 Jan 4, 2005 8 A r 1, 2005 Fri Apr 8, 2005 A r 14, 2005 Aprl5,2005 Jan 4, 2005 9 Apr 15, 2005 Fri Apr 22, 2005 A r 28, 2005 Apr 29, 2005 Jan 4, 2005 10 Apr 29, 2005 Fri May 6, 2005 May 12, 2005 May 13, 2005 Jan 4, 2005 11 May 13, 2005 Fri May 20, 2005 May 26, 2005 May 27, 2005 Jan 4, 2005 12 May 27, 2005 Fri Jun 3, 2005 Jun 9, 2005 Jun 10, 2005 Jan 4, 2005 13 Jun 10, 2005 Fri Jun 17, 2005 Jun 23, 2005 Jun 24, 2005 Jan 4, 2005 14 Jun 24, 2005 Fri Jul 1, 2005 Jul 7, 2005 Jul 8, 2005 Jan 4, 2005 15 Jul 8, 2005 Fri Jul 15, 2005 Jul 21, 2005 Jul 22, 2005 Jan 4, 2005 16 Jul 22, 2005 Fri Jul 29, 2005 Aug4, 2005 Aug5, 2005 Jan 4, 2005 17 Aug5, 2005 Fri Aug12, 2005 Aug18, 2005 Aug19, 2005 Jan 4, 2005 18 Aug19, 2005 Fri Aug26, 2005 Sep 1, 2005 Sep 2, 2005 Oct 7, 2003 19 Sep 2, 2005 Fri Sep 9, 2005 Sep 15, 2005 Sep 16, 2005 Jan 4, 2005 20 Sep 16, 2005 Fri Sep 23, 2005 Sep 29, 2005 Sep 30, 2005 Jan 4, 2005 21 Sep 30, 2005 Fri Oct 7, 2005 Oct 13, 2005 Oct 14, 2005 Jan 4, 2005 22 Oct 14, 2005 Fri Oct 21, 2005 Oct 27, 2005 Oct 28, 2005 Jan 4, 2005 23 Oct 28, 2005 Fri Nov 4, 2005 Nov 10, 2005 Nov 11, 2005 Jan 4, 2005 24 Nov 10, 2005 Thu Nov 17, 2005 Nov 24, 2005 Nov 25, 2005 Jan 4, 2005 25 Nov 25, 2005 Fri Dec 2, 2005 Dec 8, 2005 Dec 9, 2005 Jan 4, 2005 26 Dec 9, 2005 Fri Dec 16, 2005 Dec 22, 2005 Dec 23, 2005 Jan 4, 2005 CITY CLERKS DEPARTMENT - ACTION REMINDER TO: Douglas Dumhart, Economic Development Manager FROM: Mitzi Ortiz, Deputy City Clerk DATE: June 1, 2005 SITUATION: At their meeting on September 7, 2004, the City Council of the City of San Juan Capistrano approved a Memorandum of Understanding with the San Juan Capistrano Chamber of Commerce to provide Visitor Related Services. ACTION REQUESTED: Said Agreement states services shall be completed by July 1, 2005. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: CZ� c rrn 7 /0 se - DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: '0 DATE SIGNED: & /Z /6!5 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 06/01/05 Deadline Date: 07/01/05 (600.301chamber) • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX w w. sanjuancaprstrano. org September 8, 2004 San Juan Capistrano Chamber of Commerce Post Office Box 1878 San Juan Capistrano, CA 92693-1878 Attention: Charlie Varga, President Dear Mr. Varga: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE VAYATT FORT JOE SOTO DAVID M. SWERDUN Enclosed is an executed, agreement related to providing community promotional services, as amended and approved by the City Council on September 7, 2004. We have received documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the Project Manager, Douglas Dumhart, Economic Development Manager (949) 443-6316. Yours truly, Meg Iv�Klnah�ll\CMC City Verk cc: Douglas Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 r 09/07/2004 MEMORANDUM D 13 TO: Honorable Mayor and City Council Members FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Agenda Item D13 Chamber Agreement for Visitors Information Services Since the publication of the September 7, 2004, Agenda and accompanying Agenda Report, staff has received concern regarding language in the Chamber Agreement. The concern was regarding Section 1. A. of the agreement requiring the Chamber to maintain an office in the Downtown area. Being sympathetic to their financial well being, staff has developed amendment language to provide the Chamber with the flexibility to find more affordable office space, should they choose to do so while maintaining a downtown presence. Attached is a proposed amendment for the City Council's consideration. cc: Bill Huber, Assistant City Manager Meg Monahan, City Clerk 0 0 AGREEMENT THIS AGREEMENT, made and entered into this 7th day of September 2004, by and between the City of San Juan Capistrano, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the San Juan Capistrano Chamber of Commerce, a California non-profit corporation (hereinafter referred to as "Chamber"). WITNESSETH: WHEREAS, City and Chamber are mutually desirous of promoting the community's advantages and disseminating information relative thereto during the 2004-2005 fiscal year; and, WHEREAS, the Chamber has knowledge, experience and facilities for disseminating information that the City would otherwise be called upon to produce in the absence of a Chamber, and, WHEREAS, the Chamber, for many years, provided promotional programs for the development and improvement of local commerce, and has demonstrated the ability to properly follow-up and give consideration to inquiries made relative to the various activities of the City; and, WHEREAS, the success of the City and Chamber in meeting their respective goals is best served by full communications and coordinated activities; and, WHEREAS, such activities are recognized by law as being in the public interest and serving a public purpose. NOW, THEREFORE, in consideration of the premises and the covenants and condition hereinafter set forth, City and Chamber agree as follows: SECTION 1. Chamber shall diligently advertise and promote the community of San Juan Capistrano in such a manner as to attract worthwhile business enterprises, which will enhance the general welfare and well being of the citizens, and shall among other things: A. 0) Maintain suitable quarters and employ competent personnel in a public office within the downtown area of the City, easily accessible and fully equipped for the purpose of disseminating information, answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than six hours a day, except Saturday, Sunday and holidays, if City requests other times City shall agree to fund such staffing; ()i) Should the Chamber of Commerce corporate office be re -located intent of providing and disseminating visitor information services. CAdouglas\agreement\Chamber 2004 • 9/7/2004 D13 AGENDA REPORT TO: Dave Adams, City Manager 06k - FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Consideration of Agreement with Chamber of Commerce for Visitor Information Services for FY 2004-2005 RECOMMENDATION: By Motion, approve the Agreement with the Chamber of Commerce for Visitor Information Services for FY 2004-2005 in the amount of $25,000. SUMMARY: The City has been providing the Chamber of Commerce annual funding assistance to offset expenses associated with Visitor Information Services since 1995. In May 2004, the Chamber of Commerce submitted documentation that the Chamber is incurring close to $50,000 in expenses performing visitor information services. The City has worked with the Chamber to produce this year's funding agreement for $25,000. The agreement is provided as Attachment 1 to this report. BACKGROUND: The term of the agreement between the City and Chamber of Commerce is for fiscal year 2004-2005. Under this agreement the Chamber agrees to continuing providing visitor information services. The Chamber will work with relevant event organizers, the business community and Mission San Juan to provide, disseminate, and promote activities on behalf of the City. The Chamber will undertake these services by: Maintain suitable quarters and employ competent personnel in a public office within the business area of the City, easily accessible and fully equipped for the purpose of disseminating information and answering inquiries. Said office shall be open to the public not less than eight hours a day, except Saturday, Sunday and holidays. 2. Promptly respond to telephone inquiries and written correspondence. 3. Disseminate information by correspondence, advertisements and other traditional media publications. 4. Maintain current information, brochures, handouts and Chamber web site. 'Agenda Report • • September 7, 2004 Paae 2 PUBLIC NOTIFICATION: *Chamber of Commerce *Mission San Juan COMMISSION/BOARD REVIEW & RECOMMENDATIONS: None FINANCIAL CONSIDERATIONS: The allocation of $25,000 for Visitor Information Services is included in the adopted 2004-2005 Fiscal Year Budget. RECOMMENDATION: By Motion, approve the Agreement with the Chamber of Commerce for Visitor Information Services for FY 2004-2005 in the amount of $25,000. Respectfully submitted, .t a �o �' 04e�4 Douglas . Dumhart Economic Development Manager Attachment 1: Agreement 0 0 AGREEMENT THIS AGREEMENT, made and entered into this 7"' day of September, 2004, by and between the City of San Juan Capistrano, a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the San Juan Capistrano Chamber of Commerce, a California non-profit corporation (hereinafter referred to as "Chamber'). WITNESSETH: WHEREAS, City and Chamber are mutually desirous of promoting the communities advantages and disseminating information relative thereto during the 2004-2005 fiscal year; and, WHERAS, the Chamber has knowledge, experience and facilities for disseminating information that the City would otherwise be called upon to produce in the absence of a Chamber, and, WHEREAS, the Chamber, for many years, provided promotional programs for the development and improvement of local commerce, and has demonstrated the ability to properly follow-up and give consideration to inquiries made relative to the various activities of the City; and, WHEREAS, the success of the City and the Chamber is dependent upon maintaining and sustaining communication so that the goals and objectives of the City can be coordinated with the interest of the Chamber; and, WHEREAS, such activities are recognized by law as being in the public interest and serving a public purpose. NOW, THEREFORE, BE IT RESOLVED, in consideration of the premises and the covenants and condition hereinafter set forth, City and Chamber agree as follows: SECTION 1. Chamber shall diligently advertise and promote the community of San Juan Capistrano in such a manner as to attract worthwhile business enterprises, which will enhance the general welfare and well being of the citizens, and shall among other things: A. Maintain suitable quarters and employ competent personnel in a public office within the downtown area of the City, easily accessible and fully equipped for the purpose of disseminating information, answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than six hours a day, except Saturday, Sunday, and holidays; B. Secure, evaluate, disseminate, and keep such statistics and data that relate to the community of San Juan Capistrano; CMouglaMagreemenhChamber 2004 ME ATTACHMENT 0 0 B. Chamber shall obtain and make available such statistics and data relating to the community of San Juan Capistrano as may be appropriate for reference by the public, the City of San Juan Capistrano and Chamber members; C. Work to coordinate activities of mutual community interest with City officials and staff; D. Provide information and assistance to individual business members with respect to promotion and advertising for the purpose of enhancing the business image and encourage business patronage; E. Serve to receive and respond to written and verbal inquiries regarding residential, commercial, industrial, tourist and business matters as they relate to the City; SECTION 2. The Chamber shall provide the City with quarterly reports setting forth the receipt and disbursement of funds consistent with Chamber record keeping and accounting and identifying expenditure of those funds received form the City. Reports to include a summary of accomplishments achieved during the reporting period. Reports shall be due 15 days from the quarter's end or October 15, 2004, January 14, 2005, April 15, 2005, and July 15, 2005; The Chamber shall also present an Annual Report to the City as of 15 days after the close of the Chamber's financial year with a summary of prior year's activities, a list of officers and Board Members and a copy of the annual Financial Statements as prepared at that time. The Chamber shall also maintain and update a budget and a copy of the then active budget shall be included. The Annual Report may be at the time and in lieu of a quarterly report for the end of the fourth quarter. Timely receipt is a condition of continued funding; SECTION 3. The Chamber will develop one business luncheon that features a discussion on the "State of the City'. The luncheon will occur in the first quarter of 2005. The luncheon should bring together the business community and political leaders, providing an opportunity for interaction between business and among business people and elected officials. The Chamber will provide a written plan for the "State of the City" luncheon to the City by November 1, 2004. SECTION 4. City shall fund to Chamber $25,000.00 for fiscal year 2004-2005 Visitor Information Services. Payments shall be made quarterly upon receipt of invoice from Chamber for $6,250.00. City will process invoices according to Accounts Payable Schedule in Exhibit "A"; SECTION 5. Funds provided by the City shall not be used for political purposes and shall be applied to those purposes set forth in Section 1. The Chamber shall be entitled to continue presentations and advance the purposes of the business community in general on civic issues. CAdouglas\agreemenhChamber 2004 0 0 SECTION 6. At all times during the term of this agreement, Chamber shall be an independent contractor and shall not be an employee of the City. All persons employed and volunteers to provide services under this agreement shall be employees or contractors of the Chamber and shall not be deemed employees of the City for any reason or purpose. SECTION 7. This Agreement shall terminate at 12:00 pm on July 1, 2005. SECTION 8. Chamber to the extent of available insurance as provided for in Section 9, be responsible for injuries to persons and for damages to real or personal property of City, caused by or resulting from any activity or operation of Chamber, its employees or its agents during the progress of or connected with the rendition of services hereunder. And thereafter, Chamber to the extent of insurance provided for in Section 9, shall defend and 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. Chamber, shall maintain in full force and effect comprehensive general liability coverage, including premises operations, products/completed operations, and 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. This policy shall not terminate, nor shall it be cancelled nor the coverage reduced until after 30 days written notice is given to the City. 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. SECTION 10. At all times during the term of this Agreement, 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 the Chamber's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which the Chamber accomplishes services rendered pursuant to this Agreement. All persons employed to provide services under this Agreement shall be employees or CAdouglaMagreementCChamber 2004 0 9 contractors of Chamber and shall not be deemed employees of City for any reason or purpose. SECTION 11. This Agreement contains the entire Agreement and understanding of the City and Chamber concerning the subject matter herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be legally adopted this 7th day of September, 2004. SAN JUAN CAPISTRANO CHAMBER OF COMMERCE —6", -'�- C adie Varga, Prest ent CITY OF SAN JUAN CAPISTRANO Joe Soto, Mayor ATTEST: Margaret R. Monahan APPROVED AS TO FORM: qje� John ShaW, City Attorney C:\douglas\agreement\Chamber 2004 -4- 0 0 EXHIBIT "A" CITY OF SAN JUAN CAPISTRANO ACCOUNTS PAYABLE SCHEDULE - 2004 8/24/2004 14:45 Dec 26, 2003 Fri COMPLETED INVOICES TO A/P BY 5 PM Jan 2, 2004 DATE CHECKS PROCESSED Jan 8, 2004 "'; Jan 9, 2004 CITY COUNCIL APPROVAL Feb 3, 2004 Jan 9, 2004 Fri Jan 16, 2004 Jan 22, 2004 Jan 23, 2004 Feb 17, 2004 Jan 23, 2004 Fri Jan 30, 2004 Feb 5, 2004 Feb 6 2004 Mar 2, 2004 Feb 6, 2004 Fri Feb 13, 2004 Feb 19, 2004 Feb 20, 2004 Mar 16, 2004 Feb 20, 2004 Fri Feb 27, 2004 Mar 4 2004 Mar 5, 2004 Mar 16, 2004 Mar 5, 2004 Fri Mar 12, 2004 Mar 18, 2004 Mar 19, 2004 A r 6, 2004 Mar 19, 2004 Fri Mar 26, 2004 Aprl,2004 A r 2, 2004 A r 20, 2004 A r 2, 2004 Fri A r 9, 2004 A r 15, 2004 Aprl6,2004 May 4, 2004 A r 16, 2004 Fri A r 23, 2004 Apr 29, 2004 A r 30, 2004 May 18, 2004 A r 30, 2004 Fri May 7, 2004 May 13, 2004 May 14, 2004 Jun 1, 2004 May 14, 2004 Fri May 21, 2004 May 27, 2004 May 28, 2004 Jun 15, 2004 May 28, 2004 Fri Jun 4, 2004 Jun 10, 2004 Jun 11, 2004 Jul 6, 2004 Jun 11, 2004 Fri Jun 18, 2004 Jun 24, 2004 Jun 25, 2004 Jul 20, 2004 Jun 25, 2004 Fri Jul 2, 2004 Jul S 2004 Jul 9, 2004 Aug3, 2004 Jul 9, 2004 Fri Jul 16, 2004 Jul 22, 2004 Jul 23, 2004 Aug17, 2004 Jul 23, 2004 Fri Jul 30, 2004 AugS 2004 Aug8 2004 Aug17, 2004 Aug6, 2004 Fri Aug13, 2004 Aug19, 2004 Aug20, 2004 Sep 7, 2004 Aug20, 2004 Fri Aug27, 2004 Sep 2, 2004 Sep 3 2004 Oct 7, 2003 Sep 3, 2004 Fri Sep 10, 2004 Sep 16, 2004 Sep 17, 2004 Oct 5, 2004 Sep 17, 2004 Fri Sep 24, 2004 Sep 30, 2004 Oct 1 2004 Oct 19, 2004 Oct 1, 2004 Fri Oct 8, 2004 Oct 14, 2004 Oct 1 2004 Nov 2, 2004 Oct 15, 2004 Fri Oct 22, 2004 Oct 28, 2004 Oct 2 , 2004 Nov 16, 2004 Oct 29, 2004 Fri Nov 5, 2004 Nov 11, 2004 Nov 12, 2004 Dec 7, 2004 Nov 11, 2004 Thu Nov 18, 2004 Nov 25, 2004 Nov 26, 2004 Dec 21, 2004 Nov 26, 2004 Fri Dec 3, 2004 Dec 9, 2004 Dec 10, 2004 Jan 4, 2005 Dec 10, 2004 Fri Dec 17, 2004 Dec 23, 2004 Dec 24, 2004 Jan 4, 2005 0 0 CITY OF SAN JUAN CAPISTRANO ACCOUNTS PAYABLE SCHEDULE - 2004/2005 8/24/2004 14:53 COMPLETED INVOICES TO A/P BY 5 PM DATE CHECKS PROCESSED DATE CHECKS RELEASED (After 12 Noon) CITY COUNCIL APPROVAL Dec 24, 2004 Fri Dec 31, 2004 Jan 6, 2005 Jan 7 2005 Jan 4, 2005 Jan 7, 2005 Fri Jan 14, 2005 Jan 20 2005 Jan 21, 2005 Jan 4, 2005 Jan 21, 2005 Fri Jan 28, 2005 Feb 3, 2005 Feb 4, 2005 Jan 4, 2005 Feb 4, 2005 Fri Feb 11, 2005 Feb 17, 2005 Feb 18, 2005 Jan 4, 2005 Feb 18, 2005 Fri Feb 25, 2005 Mar 3, 2005 Mar 4 2005 Jan 4, 2005 Mer4, 2005 Fri Mar 11, 2005 Mar 17, 2005 Mar 18, 2005 Jan 4, 2005 Mar 18, 2005 Fri Mar 25, 2005 Mar 31, 2005 A r 1, 2005 Jan 4, 2005 A r 1, 2005 Fri A r 8, 2005 A r 14, 2005 Apr 15 2005 Jan 4, 2005 A r 15, 2005 Fri A r 22, 2005 A r 28, 2005 A r 29, 2005 Jan 4, 2005 A r 29, 2005 Fri May 6, 2005 May 12, 2005 May 13 2005 Jan 4, 2005 May 13, 2005 Fri May 20, 2005 May 26, 2005 May 27, 2005 Jan 4, 2005 May 27, 2005 Fri Jun 3, 2005 Jun 9, 2005 Jun 10, 2005 Jan 4, 2005 Jun 10, 2005 Fri Jun 17, 2005 Jun 23, 2005 Jun 24, 2005 Jan 4, 2005 Jun 24, 2005 Fri Jul 1, 2005 Ju17, 2005 Jul 8 2005 Jan 4, 2005 Jul 8, 2005 Fri Jul 15, 2005 Jul 21 2005 Jul 22 2005 Jan 4, 2005 Jul 22, 2005 Fri Jul 29, 2005 Aug4, 2005 Aug5, 2005 Jan 4, 2005 Aug5, 2005 Fri Aug12, 2005 Aug18, 2005 Aug19, 2005 Jan 4, 2005 Aug19, 2005 Fri Ku -g 26, 2005 Sep 1, 2005 Sep 2 2005 Oct 7, 2003 Sep 2, 2005 Fri Sep 9, 2005 Sep 15, 2005 Sep 16, 2005 Jan 4, 2005 Se 16, 2005 Fri Sep 23, 2005 Sep 29, 2005 Sep 30, 2005 Jan 4, 2005 Sep 30, 2005 Fri Oct 7, 2005 Oct 13, 2005 Oct 14, 2005 Jan 4, 2005 Oct 14, 2005 Fri Oct 21, 2005 Oct 27, 2005 Oct 28, 2005 Jan 4, 2005 Oct 28, 2005 Fri Nov 4, 2005 Nov 10, 2005 Nov 11, 2005 Jan 4, 2005 Nov 10, 2005 Thu Nov 17, 2005 Nov 24, 2005 Nov 25, 2005 Jan 4, 2005 Nov 25, 2005 Fri Dec 2, 2005 Dec 8, 2005 Dec 9, 2005 Jan 4, 2005 Dec 9, 2005 Fri Dec 16, 2005 Dec 22 2005 Dec 23, 2005 Jan 4, 2005 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.,ranjuancapstrano.org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETIN OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE MATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 7, 2004, in the City Council Chamber in City Hall, to consider: "Consideration of Agreement with Chamber of Commerce for Visitor Information Services FY 2004-2005" — Item No. D13 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Board and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 11:00 a.m. on Tuesday, September 7, 2004 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Douglas D. Dumhart, Economic Development Manager. You may contact that staff member at (949) 443-6316 with any questions. The Agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasC�sanivancapistrano.org. Thank you for your interest, Meg Monahan, CMC City Clerk cc: Chamber of Commerce'; Mission San Juan`; Douglas D. Dumhart, Economic Development Manager " Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future