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08-0603_CHAMBER OF COMMERCE, SJC_AgreementFIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE FUNDING AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City') and the San Juan Capistrano Chamber of Commerce, a California non-profit corporation (herein referred to as Chamber) is made and entered into, to be effective the 1 st day of July 2009, as follows: RECITALS WHEREAS, the City and Chamber have entered into a Funding Agreement dated June 3rd, 2008 for business promotion and visitor services (the "Agreement"); and WHEREAS, the City, in an effort to balance its annual budget at the January 14"', 2009 budget workshop, has directed staff to decrease the Chamber Funding Agreement from $27,040.00 to $25,000.00 in fiscal year 2009-10; and WHEREAS, the City and Chamber desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Chamber agree to the amend Section 4 of the Agreement as follows: City agrees to disburse to Chamber $25,000.00 annually for fiscal year 2009-2010 based on City's fiscal year (July 1 — June 30). Payments shall be made monthly upon receipt of invoice from Chamber for $2,083.33. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. [Signatures follow on next page] Page 1 of 2 SD 0 I_1 LM APPROVED AS TO FORM: BY: mar Sa oval, Ci y Attorney CITY OF SAN JUAN CAPISTRANO By: DG.. — �, Dave Adams, City Manager CONSULTANT By: � 0 Eric Altman, President Page 2 of 2 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAX www.sanjuancaputrano.org TRANSMITTAL TO: Eric Altman Chamber of Commerce P.O. Box 1878 San Juan Capistrano, CA 92693 DATE: March 19, 2009 ate„ • I 11961/11 � D1Al1i3111 1776 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: First Amendment - Visitor Information Services Agreement MEMBERS OF THE CITY COUNCIL Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR LONDRES USO Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6309. If you have questions concerning the agreement, please contact Douglas D. Dumhart, Economic Development Manager (949) 443-6316. An amendment is enclosed for your records. Cc: Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future :i Pnnletl on 100%regdetl paper 0 0 FUNDING AGREEMENT San Juan Capistrano Chamber of Commerce THIS AGREEMENT is made and entered into this 3`d day of June 2008, 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 period July 1, 2008 — June 30, 2010; 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, has 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 and the City Council of the City 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. Activities to be Funded. Chamber agrees to 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. Consistent with this purpose, Chamber agrees to do the following, 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 agrees to fund staffing for such additional times); and, Page - 1 - of 6 SD 0 0 B. 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 and Chamber members; and, 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. Reports. A. Quarterly Reports. The Chamber will provide the City with quarterly reports (based on Chamber's fiscal year) setting forth the receipt and disbursement of funds consistent with Chamber record keeping and accounting and identifying expenditure of those funds received from the City. The reports will include a summary of accomplishments achieved during the reporting period. Reports will be due 15 days from the quarter's end. B. Annual Report. The Chamber shall also present an Annual Report to the City as of 15 days after the close of the Chamber's fiscal 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 presented 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 by the City. SECTION 3. State of the City Luncheon. 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 each calendar year. 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, 2008 for the FY 2008-09 luncheon and November 1, 2009 for the FY 2009-2010 luncheon. SECTION 4. City Funding. City agrees to disburse to Chamber $27,040.00 annually for fiscal year 2008-2009 and fiscal year 2009-2010 based on City's fiscal year (July 1 — June 30). Payments shall be made monthly upon receipt of invoice from Chamber for $2,253.33. City will process invoices according to accounts payable schedule in Exhibit `A". Page -2-of5 0 0 SECTION S. Use of City Funding for Political Purposes Prohibited. 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 permitted to continue advocacy to advance the commercial interests of the business community in general on civic issues. SECTION 6. Independent Contractor. 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 employees and volunteers that 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. Nothing in this Agreement shall be construed to create a joint venture between the City and the Chamber. SECTION 7. Term. This Agreement shall commence on the date first above written and shall terminate at 12:00 a.m. on July 1, 2010 unless sooner terminated by the City in its sole discretion upon a minimum of six month notice. SECTION 8. Indemnity. To the fullest extent permitted by law, Chamber agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Chamber, Chamber's agents, officers, employees, volunteers, subcontractors, or independent contractors hired by Chamber in the performance of this Agreement. The only exception to Chamber's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Chamber. SECTION 9. Insurance. Chamber, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. A. Comprehensive General Liability. Throughout the term of this Agreement, Chamber shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed Page 3 of 6 0 0 under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. B. Comprehensive Automobile Liability. Throughout the term of this Agreement, Chamber shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00), C. Worker's Compensation. If Chamber intends to employ employees to perform services under this Agreement, Chamber shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. D. Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Chamber shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Chamber, including the insured's general supervision of Chamber; products and completed operations of Consultant; premises owned, occupied or used by Chamber; or automobiles owned, leased, hired, or borrowed by Chamber. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. E. Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Section 10. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Douglas D. Dumhart Page 4 of 6 0 To Consultant: San Juan Capistrano Chamber of Commerce P.O. Box 1878 San Juan Capistrano, CA 92693 Attn: Karen Richesin 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. (SIGNATURES ON NEXT PAGE) Page 5 of 6 0 IN WITNESS WHEREOF, the parties have caused this agreement to be legally adopted as of the date aforementioned. SAN JUAN CAPISTRANO CHAMBER OF COMMERCE Eric Altman, President FARROW jlfiil��.�Ll' • .. Attest/:, Secretary CITY OF SAN JUAN CAPISTRANO Page -6-of& 0 0 CITY OF SAN JUAN CAPISTRANO ACCOUNTS PAYABLE SCHEDULE - 2008 Run: 4/21/2008 9:35 CK RUN # INVOICES DUE TO CITY OF SJC COMPLETED INVOICES TO A/P BY 4:30 PM DATE CHECKS PROCESSED DATE CHECKS RELEASED (After 12 Noon) CITY COUNCIL APPROVAL 1 Dec 20, 2007 Thu Dec 26, 2007 Jan 3, 2008 Jan 4, 2008 Jan 15, 2008 2 Jan 4, 2008 Fri Jan 11, 2008 Jan 17, 2008 Jan 18, 2008 Feb 5, 2008 3 Jan 18, 2008 Fri Jan 25, 2008 Jan 31, 2008 Feb 1, 2008 Feb 19, 2008 a Feb 1, 2008 Fri Feb 8, 2008 Feb 14, 2008 Feb 15, 2008 Mar 4, 2008 5 Feb 15, 2008 Fri Feb 22, 2008 Feb 28, 2008 Feb 29, 2008 Mar 18, 2008 6 Feb 29, 2008 Fri Mar 7, 2008 Mar 13, 2008 Mar 14, 2008 Apr 1, 2008 7 Mar 14, 2008 Fri Mar 21, 2008 Mar 27, 2008 Mar 28, 2008 Apr 15, 2008 8 Mar 28, 2008 Fri Apr 4, 2008 Apr 10, 2008 A r 11, 2008 May 6, 2008 9 Apr 11, 2008 Fri Apr 18, 2008 Apr 24, 2008 Apr 25, 2008 May 20, 2008 10 Apr 25, 2008 Fri May 2, 2008 May 8, 2008 May 9, 2008 Jun 3, 2008 11 May 9, 2008 Fri May 16, 2008 May 22, 2008 May 23, 2008 Jun 17, 2008 12 May 23, 2008 Fri May 30, 2008 Jun 5, 2008 Jun 6, 2008 Jul 1, 2008 13 Jun 6, 2008 Fri Jun 13, 2008 Jun 19, 2008 Jun 20, 2008 Jul 15, 2008 14 Jun 20, 2008 Fri Jun 27, 2008 Jul 3, 2008 Jul 4, 2008 Jul 15, 2008 15 Ju14, 2008 Fri Jul 11, 2008 JUI 17, 2008 Jul 18, 2008 Aug 5, 2008 16 Jul 18, 2008 Fri Jul 25, 2008 Jul 31, 2008 Aug1, 2008 Aug 19, 2008 17 Aug 1, 2008 Fri Aug 8, 2008 Aug14, 2008 Aug15, 2008 Sep 2, 2008 18 Aug 15, 2008 Fri Aug 22, 2008 Aug28, 2008 Aug29, 2008 Sep 16, 2008 19 Aug 29, 2008 Fri Sep 5, 2008 Sep 11, 2008 Sep 12, 2008 Oct 7, 2008 20 Sep 12, 2008 Fri Sep 19, 20081 Sep 25, 2008 Sep 26, 2008 Oct 21, 2008 21 Sep 26, 2008 Fri Oct 3, 2008 1 Oct 9, 2008 Oct 10, 2008 Nov 4, 2008 22 Oct 10, 2008 Fri Oct 17, 2008 Oct 23, 2008 Oct 24, 2008 Nov 18, 2008 23 Oct 23, 2008 Thu Oct 30, 2008 Nov 5, 2008 Nov 6, 2008 Dec 2, 2008 24 Nov 6, 2008 Thu Nov 13, 2008 Nov 19, 2008 Nov 20, 2008 Dec 16, 2008 251 Nov 19, 2008 Wed Nov 28, 2008 Dec 4, 2008 Dec 5, 2008 Jan 6, 2009 261 Dec 5, 2008 Fri Dec 12, 2008 Dec 18, 2008 1 Dec 19, 2008 Jan 20, 2009 EXHIBIT A 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL Date: May 22, 2008 TO: San Juan Capistrano Chamber of Commerce PO Box 1878 San Juan Capistrano, CA 92693 Attn: Karen Richesin FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: Funding Agreement MEMBERS OF THE CITY COUNCIL SAMALLEVATO THOMAS W. HRIBAR MARK NEILSON JOESOTO DR. LONDRES USO Enclosed: (1) original, executed agreement, as approved on the City Council on May 20, 2008 — including a revision to Section 7 — Term. Please contact Douglas Dumhart, Economic Development Manager, (949) 443-6316 with any questions. Cc: Douglas Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0 Pnnletl on 100% recycletl paper 5/20/2008 AGENDA REPORT D5 TO: Dave Adams, City Manager~ FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Consideration of a Two-year Agreement with the San Juan Capistrano Chamber of Commerce for Visitor Information Services for FY 2008-2009 and FY 2009-2010. RECOMMENDATION: By motion, approve the two-year agreement with the San Juan Capistrano Chamber of Commerce for visitor information services for FY 2008-2009 and FY 2009-2010 in the amount of $27,040 annually. SUMMARY: The City has been providing the San Juan Capistrano Chamber of Commerce annual funding assistance to offset expenses associated with visitor information services since 1995. Staff recommends changing the term of the agreement to a two-year period and has prepared a two-year renewal agreement for FY 08-09 and FY 09-10 for visitor information services with the San Juan Capistrano Chamber of Commerce. 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 July 1, 2008 — June 30, 2010. 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: 1. 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 six 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. Agenda Report • • May 20, 2008 Page 2 4. Maintaining current information, brochures, handouts and Chamber web site. PUBLIC NOTIFICATION: Chamber of Commerce COMMISSION/BOARD REVIEW & RECOMMENDATIONS: None FINANCIAL CONSIDERATIONS: The City has been providing annual funding to the Chamber for the last decade. The Chamber of Commerce's position is that the cost of providing visitor information services is approximately $62,000 annually. The required quarterly reports outlining activities and expenses for the past year have been submitted in accordance with the terms of the agreement and support this position. The Chamber of Commerce has agreed to execute the two-year agreement for visitor information services in the amount of $27,040 annually. Funding for the Chamber of Commerce has been proposed in FY 08/09 budget. RECOMMENDATION: By motion, approve the two-year agreement with the San Juan Capistrano Chamber of Commerce for visitor information services for FY 2008-2009 and FY 2009-2010 in the amount of $27,040 annually. Respectfully submitted, Douglas .Dumhart Economic Development Manager Prepared by: Joan A. Ross Administrative Coordinator Attachment 1: Agreement for Visitor Information Services FUNDING AGREEMENT San Juan Capistrano Chamber of Commerce THIS AGREEMENT is made and entered into this 20th day of May 2008, 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"). PJ/ala**yZkA:A WHEREAS, City and Chamber are mutually desirous of promoting the community's advantages and disseminating information relative thereto during the period July 1, 2008 — June 30, 2010; 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, has 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 and the City Council of the City 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. Activities to be Funded. Chamber agrees to 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. Consistent with this purpose, Chamber agrees to do the following, 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 agrees to fund staffing for such additional times); and, Page 1 of 5 ATTACHMENT 0 B. 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 and Chamber members; and, 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. Reports. A. Quarterly Reports. The Chamber will provide the City with quarterly reports (based on Chamber's fiscal year) setting forth the receipt and disbursement of funds consistent with Chamber record keeping and accounting and identifying expenditure of those funds received from the City. The reports will include a summary of accomplishments achieved during the reporting period. Reports will be due 15 days from the quarter's end. B. Annual Report. The Chamber shall also present an Annual Report to the City as of 15 days after the close of the Chamber's fiscal 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 presented 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 by the City. SECTION 3. State of the City Luncheon. 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 each calendar year. 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, 2008 for the FY 2008-09 luncheon and November 1, 2009 for the FY 2009-2010 luncheon. SECTION 4. City Funding. City agrees to disburse to Chamber $27,040.00 annually for fiscal year 2008-2009 and fiscal year 2009-2010 based on City's fiscal year (July 1 — June 30). Payments shall be made monthly upon receipt of invoice from Chamber for $2,253.33. City will process invoices according to accounts payable schedule in Exhibit'A". Page 2 of 5 0 0 SECTION 5. Use of City Funding for Political Purposes Prohibited. 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 permitted to continue advocacy to advance the commercial interests of the business community in general on civic issues. SECTION 6. Independent Contractor. 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 employees and volunteers that 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. Nothing in this Agreement shall be construed to create a joint venture between the City and the Chamber. SECTION 7. Term. This Agreement shall commence on the date first above written and shall terminate at 12:00 a.m. on July 1, 2010. SECTION 8. Indemnity. To the fullest extent permitted by law, Chamber agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Chamber, Chamber's agents, officers, employees, volunteers, subcontractors, or independent contractors hired by Chamber in the performance of this Agreement. The only exception to Chamber's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Chamber. SECTION 9. Insurance. Chamber, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. A. Comprehensive General Liability. Throughout the term of this Agreement, Chamber shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed Page 3 of 5 0 0 under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. B. Comprehensive Automobile Liability. Throughout the term of this Agreement, Chamber shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). C. Worker's Compensation. If Chamber intends to employ employees to perform services under this Agreement, Chamber shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. D. Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Chamber shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Chamber, including the insured's general supervision of Chamber; products and completed operations of Consultant; premises owned, occupied or used by Chamber; or automobiles owned, leased, hired, or borrowed by Chamber. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. E. Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. SECTION 10. This agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. (SIGNATURES ON NEXT PAGE) Page 4 of 5 IN WITNESS WHEREOF, the parties have caused this agreement to be legally adopted as of the date aforementioned. SAN JUAN CAPISTRANO CHAMBER OF COMMERCE Attest: Eric Altman, President Secretary FAIM-1S Margaret R. Monahan, City Clerk APPROVED AS TO FORM: (I�� ��=wwpit- Page -5-of5 CITY OF SAN JUAN CAPISTRANO Joe Soto, Mayor CITY OF SAN JUAN CAPISTRANO ACCOUNTS PAYABLE SCHEDULE - 2008 Run: 4/21/2008 9:35 CK RUN # INVOICES DUE TO CITY OF SJC COMPLETED INVOICES TO A/P BY 4:30 PM DATE CHECKS PROCESSED DATE CHECKS RELEASED (After 12 Noon) CITY COUNCIL APPROVAL 1 Dec 20, 2007 Thu Dec 26, 2007 Jan 3, 2008 Jan 4, 2008 Jan 15, 2008 2 Jan 4, 2008 Fri Jan 11, 2008 Jan 17, 2008 Jan 18, 2008 Feb 5, 2008 3 Jan 18, 2008 Fri Jan 25, 2008 Jan 31, 2008 Feb 1, 2008 Feb 19, 2008 4 Feb 1, 2008 Fri Feb 8, 2008 Feb 14, 2008 Feb 15, 2008 Mar 4, 2008 5 Feb 15, 2008 Fri Feb 22, 2008 Feb 28, 2008 Feb 29, 2008 Mar 18, 2008 6 Feb 29, 2008 Fri Mar 7, 2008 Mar 13, 2008 Mar 14, 2008 Apr 1, 2008 7 Mar 14, 2008 Fri Mar 21, 2008 Mar 27, 2008 Mar 28, 2008 Apr 15, 2008 8 Mar 28, 2008 Fri Apr 4, 2008 A r 10, 2008 A r 11, 2008 May 6, 2008 9 Apr 11, 2008 Fri Apr 18, 2008 Apr 24, 2008A r 25, 2008 May 20, 2008 10 Apr 25, 2008 Fri May 2, 2008 May 8, 2008 Ma 9, 2008 Jun 3, 2008 11 May 9, 2008 Fri May 16, 2008 May 22, 2008 Ma 23, 2008 Jun 17, 2008 12 May 23, 2008 Fri May 30, 2008 Jun 5, 2008 Jun 6, 2008 Jul 1, 2008 13 Jun 6, 2008 Fri Jun 13, 2008 Jun 19, 2008 Jun 20, 2008 Jul 15, 2008 14 Jun 20, 2008 Fri Jun 27, 2008 Jul 3, 2008 Jul 4, 2008 Jul 15, 2008 15 Jul 4, 2008 Fri Jul 11, 2008 Jul 17, 2008 Jul 18, 2008 Aug 5, 2008 16 Jul 18, 2008 Fri Jul 25, 2008 Jul 31, 2008 Aug1, 2008 Aug 19, 2008 17 Aug 1, 2008 Fri Aug 8, 2008 Aug14, 2008 Aug15, 2008 Sep 2, 2008 18 Aug 15, 2008 Fri Aug 22, 2008 Aug28, 2008 Aug29, 2008 Sep 16, 2008 19 Aug 29, 2008 Fri Sep 5, 2008 Sep 11, 2008 Sep 12, 2008 Oct 7, 2008 20 Sep 12, 2008 Fri Sep 19, 2008 Sep 25, 2008 Sep 26, 2008 Oct 21, 2008 21 Sep 26, 2008 Fri Oct 3, 2008 Oct 9, 2008 Oct 10, 2008 Nov 4, 2008 22 Oct 10, 2008 Fri Oct 17, 2008 Oct 23, 2008 Oct 24, 2008 Nov 18, 2008 23 Oct 23, 2008 Thu Oct 30, 2008 Nov 5, 2008 Nov 6, 2008 Dec 2, 2008 24 Nov 6, 2008 Thu Nov 13, 2008 Nov 19, 2008 Nov 20, 2008 Dec 16, 2008 25 Nov 19, 2008 Wed Nov 28, 2008 Dec 4, 2008 Dec 5, 2008 Jan 6, 2009 26 Dec 5, 2008 Fri I Dec 12, 2008 1 Dec 18, 2008 Dec 19, 2008 Jan 20, 2009 EXHIBIT A Page 1 of 2 Meg Monahan From: Douglas Dumhart Sent: Thursday, May 22, 2008 7:31 AM To: Meg Monahan Cc: Maria Morris; Joan Ross Subject: D-5 chamber agreement revisions 5/20/08 Importance: High Here is the Chamber's consent to City Council revisions for your files. Douglas. -----Original Message ----- From: Eric Altman [mailto:ealtman@cox.net] Sent: Wednesday, May 21, 2008 9:41 PM To: Douglas Dumhart Subject: Re: FW: D-5 chamber agreement revisions 5/20/08 Affirmative! Douglas, thanks for all your help with getting this agreement finalized. regards, Eric ---- Douglas Dumhart <DDumhart@sanjuancapistrano.org> wrote: > Can you reply to this e-mail in the affirmative so the Clerk's office > has the verification? > From: Meg Monahan > Sent: Wednesday, May 21, 2008 3:15 PM > To: Douglas Dumhart > Cc: Maria Morris > Subject: D-5 chamber agreement revisions 5/20/08 > Douglas, > Please provide us with a revised page 3 (see below) and verification > from the chamber that they agree with the revision. > Thank you > 1. Consideration of a Two -Year Agreement with the San Juan Capistrano > Chamber of Commerce for Visitor Information Services for Fiscal Year > 2008 - 2009 and Fiscal Year 2009-2010 (600.30): Two-year agreement with > the San Juan Capistrano Chamber of Commerce for visitor information > services for Fiscal Years 2008-2009 and 2009-2010 in the amount of > $27,010 annually, approved as amended to include: Section 7 of agreement > amended to add "unless sooner terminated by the City in its sole > discretion upon a minimum of six month notice." Allevato/Uso, 5-0 > Thanks, > Meg Monahan, MMC > City Clerk > 32400 Paseo Adelanto > > San Juan Capistrano, CA 92675 5/22/2008 Page 2 of 2 > (949) 443-6308 > (949) 493-1053 - fax > The City Clerk's office is dedicated to providing outstanding customer > service; encouraging participation in local government; and supporting > our democratic processes with integrity, impartiality, and > professionalism. Best regards, Eric Altman, President Berrington Properties, Inc. Office 800-243-2030 Cell 760-408-4102 This email and any attachments may contain material that is confidential, privileged and for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient or have reason to believe you are not the intended recipient, please reply to advise the sender of the error and delete the message, attachments and all copies. 5/22/2008 i 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 PAX www sanjuancapistrano. org 1776 ts1776 1961 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, May 20, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of a Two- year Agreement with the San Juan Capistrano Chamber of Commerce for Visitor Information Services for FY 2008-2009 and FY 2009-2010" — Item No. D5. 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 Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, May 19, 2008 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 Joan A. Ross, Administrative Coordinator. You may contact that staff member at (949) 443-6315 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanmuancapistrano.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: citvclerk()sanivancaoistrano.org. Meg Monahan, MMC City Clerk cc: Chamber of Commerce; Douglas D. Dumhart, Economic Development Manager; Joan A. Ross, Administrative Coordinator * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Pnnted on 100% recycled paper