06-0620_CHAMBER OF COMMERCE, SJC_Agenda Report_D40 0
AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of June 2006, 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
2006-2007 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. 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, 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 additional staffing; and,
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; and,
CADocuments and Settmgs1CV07341Loca1 Settings7emporary Internet hles\OLK34TChamber Agreement FY 06-071.doc
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C. Work to coordinate activities of mutual community interest with City officials
and staff; and,
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; and,
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, 2006, January 14,
2007, April 15, 2007, and July 15, 2007.
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
2007. 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, 2006.
SECTION 4. City shall fund to Chamber $26,000.00 for fiscal year 2006-2007
Visitor Information Services. Payments shall be made quarterly upon receipt of invoice
from Chamber for $6,500.00. City will process invoices according to Accounts Payable
Schedule in Exhibit "A".
SECTION S. 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.
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.
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SECTION 7. This Agreement shall terminate at 12:00 pm on July 1, 2007.
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 agreement.
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
contractors of Chamber and shall not be deemed employees of City for any reason or
purpose.
SECTION 11. This Agreement constitutes the entire understanding and
agreement between the parties and supersedes all previous negotiations between them
pertaining to the subject matter thereof.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be legally
adopted this 20th day of June 2006.
ATTEST:
/2,
R. Monahan /
APPROVED AS TO FORM:
C& -
John Sh w, City Attorney
SAN JUAN CAPISTRANO
CHAMBER OF COMMERCE
Offirles Varga, resident
CITY OF SAN JUAN CAPISTRANO
�O�IA i!%/
CADocuments and Settings\CV0734\Local Settlngs\Temporary Internet Files\OLK347\Chamber Agreement FY 06-071.doc
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 PAX
www,sanjuancapistrano. org
TRANSMITTAL
TO:
Chamber of Commerce
26762 Verdugo Street
San Juan Capistrano, CA 92675
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
L•G%9� IA(0110AAItB DIANE BATHGATE
e tSIA1LISX[0 I, IB61 WYATT HART
1776 JOE SOTO
•� • DAVIDM.SWERDLIN
FROM: Meg Monahan, City Clerk (949) 443-6308
SUBJECT: Agreement related to providing community promotion.
June 21. 2006
An original, executed agreement is enclosed for your records. Thank you for
maintaining current documentation of your required insurance. Please keep in mind
if documentation should lapse, all payments for services will be withheld until it is
brought current.
If you have questions regarding insurance documentation, please contact Maria
Guevara, Deputy City Clerk (949) 443-6309.
If you have questions regarding specifics of your agreement or work with the city,
please contact the project manager, Douglas Dumhart, Economic Development
Manager (949) 443-6316.
CC: Douglas Dumhart, Economic Development Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
w' Printed on 100%Recycled Paper
• • 6/20/2006
AGENDA REPORT D4
TO: Dave Adams, City Manager
FROM: Douglas D. Dumhart, Economic Development Manager
SUBJECT: Consideration of Agreement with Chamber of Commerce for Visitor
Information Services for FY 2006-2007
RECOMMENDATION:
By Motion, approve the Agreement with the Chamber of Commerce for Visitor
Information Services for FY 2006-2007 in the amount of $26,000.
SUMMARY:
The City has been providing the Chamber of Commerce annual funding assistance to
offset expenses associated with Visitor Information Services since 1995. The City has
prepared the renewal for FY 06-07 Visitor Information Services with the Chamber. 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 2006-2007. 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:
Maintaining 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. Maintaining current information, brochures, handouts and Chamber web
site.
Agenda Report •
Page 2
PUBLIC NOTIFICATION:
'Chamber of Commerce
Agenda Report Included
None
FINANCIAL CONSIDERATIONS:
• June 20, 2006
The Chamber of Commerce's position is that the cost of providing the Visitors
Information Services is approximately $50,000 annually. They have submitted the
required quarterly reports outlining activities and expenses for the past year. The City
has been providing $25,000 funding annually for the last decade.
Two cost drivers for visitor's information services expense are the cost of maintaining
suitable quarters in the downtown for a visitor information center and inflation. Their
current rent at Franciscan Plaza is $1,350 a month. To assist in bridging this gap staff is
recommending a 4% COLA to the funding amount and offering the Chamber space at
the Pac Bell building for maintaining their downtown visitor's center.
The Chamber of Commerce has agreed to execute the FY 06/07 Agreement for Visitors
Information Services in the amount of $26,000 and consider the move to the Pac Bell
Building. Funding for the Chamber of Commerce has been allocated in FY 06/07
Budget.
By Motion, approve the Agreement with the Chamber of Commerce for Visitors
Information Services for FY 2006-2007 in the amount of $26,000.
Respectfully submitted,
..ja10-,.,o04'L4�
Douglas D. Dumhart
Economic Development Manager
Attachment 1: Agreement for Visitor Information Services
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AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of June 2006, 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
2006-2007 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. 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, 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 additional staffing; and,
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; and,
CADocuments and Settings\CV0734\Local Settlngffemporary Internet Files\OLK347\Chamher Agreement FY 0"71.doc
-1-
ATTACHMENT I
0
P
C. Work to coordinate activities of mutual community interest with City officials
and staff; and,
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; and,
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, 2006, January 14,
2007, April 15, 2007, and July 15, 2007.
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
2007. 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, 2006.
SECTION 4. City shall fund to Chamber $26,000.00 for fiscal year 2006-2007
Visitor Information Services. Payments shall be made quarterly upon receipt of invoice
from Chamber for $6,500.00. 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.
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.
C:\Documents and Settings\CV0734\Local Settings\Temporary Internet Flles\OLK347\Chamber Agreement FY 06-071.doc
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SECTION 7. This Agreement shall terminate at 12:00 pm on July 1, 2007.
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 agreement.
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
contractors of Chamber and shall not be deemed employees of City for any reason or
purpose.
SECTION 11. This Agreement constitutes the entire understanding and
agreement between the parties and supersedes all previous negotiations between them
pertaining to the subject matter thereof.
Q\Downents and SetGngs1CV0734LLocal SeNirgslTemporary Internet FIIes10LKWAChamber Agreement FY O6-071.doc
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IN WITNESS WHEREOF, the parties have caused this Agreement to be legally
adopted this 20th day of June 2006.
SAN JUAN CAPISTRANO
CHAMBER OF COMMERCE
00&de-s Varga, resident
CITY OF SAN JUAN CAPISTRANO
David M. Swerdlin, Mayor
ATTEST:
Margaret R. Monahan
APPROVED AS TO FORM:
QS --
John Sh w, City Attorney
CADocuments and Settings\CV07341ocal Settings\Temporary Internet Files\OLKWAChamber Agreement FY 06-071.doc
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0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92875
(949) 493-1171
(949) 493-1053 FAx
www, s anluancapistrano. org
dwar► �
10[OIIn I1R0
• isinwsxio 1961
1776
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHOATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on June 20, 2006, in the
City Council Chamber in City Hall, to consider: "Consideration of Agreement with
Chamber of Commerce for Visitor Information Services for FY 2006-2007' — Item
No. D4.
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 5:00 p.m. on
Monday, June 19, 2006 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "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) 949-443-6316 with any questions.
The Agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.or-g. 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-agendasasanivancapistrano.org.
Meg Monahan, CMC
City Clerk
cc: Chamber of Commerce*; Douglas D. Dumhart, Economic Development Manager
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
C* Printed on 100%Recyclatl Paper
• CITY CLERK'S DEPARTMENT - ACTION REMINDER u'; b`i✓'l
TO: Douglas Dumhart, Economic Development Manager
FROM: Christy Swanson, Secretary DATE: June 1, 2007
SITUATION:
On June 20, 2006, the City of San Juan Capistrano entered into an Agreement with San
Juan Capistrano Chamber of Commerce to provide promotional programs for the
development and improvement of local commerce.
ACTION REQUESTED:
Said Agreement states services to be provided for the Fiscal year 2006-2007.
Please notify our office if agreement has been completed or will be extended.
ACTIO TAKEN:�
• DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: /1
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: %
Tickler Date: 06/01/06
Deadline Date: 06/30/06
(600.301chamber)
40
"'FOR CITY CLERK'S DEPARTMENT USE ONLY"'