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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 _1_ 0 0 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. C:\Documents and Settings\CV0734\Local Settings\Temporary Internet F11es\0LK347\Chamber Agreement FY 06-071.doc -2- 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. C:\Documents and Settings\CV0734\Local Settings\Temporary Internet Files\OLK347\Chamber Agreement FY 06-071.doc -3- 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 -4- 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 0 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 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 -2- 0 0 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 -3- 0 0 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 -4- 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"'