HomeMy WebLinkAboutReso 84-1986 RESOLUTION NO. 84-86
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CHAMBER
OF COMMERCE REGARDING ADVERTISING PROGRAMS
BE IT RESOLVED by the City Council of the City of South San Francisco that:
1. Approval of Agreement.
The Agreement entitled "Agreement Between City of South San Francisco
and South San Francisco Chamber of Commerce Regarding Advertising Programs" is
hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1."
2. Execution of Agreement.
The City Manager is hereby authorized to execute said Agreement on behalf
of the City, and the City Clerk attest his signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 23rd day of April , 19 86 , by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Mark N. Addiego, John "JacK" Drago, Richard A. Haffey,
Gus Nicolopulos and Roberta Cerri Teglia
None
None
!
EXHIBIT i TO RESOLUTION NO. 84-86
A GR E EM E 5' T
AGREEMENT BETWEEN CITY OF SOUTH SAN FRANCISCO
AND SOUTH SAN FRANCISCO CHAMBER OF COMMERCE
REGARDING ADVERTISING PROGRAMS
19
corporation, and the South San Francisco Chamber of Commerce,
non-profit corporation, organized and existing under the laws
the State of California,
THt~ AGREEMENT, made and entered into this 23rd day of April
~y and between the City of South San Francisco, a municipal
a
W I T N E S S E T H:
WHEREAS, the City of South San Francisco is authorized to
expend funds for advertising and making known resources of said
City for the purpose of inducing immigration to and increasing the
trade and commerce of said City, and for advertising the indus-
trial, commercial, climatic, recreational and other resources or
the City of South San Francisco for said purposes;
advantages of
and
WHEREAS,
City is desirous of promcting its advantages as a
business, educational, cultural, recreational, and residential
center, disseminating information relative thereto, and properly
following up and giving consideration to inquiries made from time
to time to the various activities of City; and
WHEREAS, the Chamber is a non-profit corporation organized for
the purpose, among others, of advertising and making
resources of the City of South San Francisco for the
inducing immigration to such City and increasing the
known the
purpose of
trade and
commerce of such City; and
WHEREAS, the City of South San Francisco does not have all of
'--the facilities necessary for advertising and making known the
resources of the City for the aforesaid purposes, and the Cham-
ber is willing to provide such purposes pursuant to the terms and
conditiQns hereinafter set forth;
NOW, THEREFORE, IT IS HEREBY AGREED, by and between the
parties hereto as follows:
1. DUTIES OF CHAMBER: Chamber shall carry on promotional
activities that are beneficial to Chamber and City as
follows:
a. Employ competent personnel ~o carry on promotional
activities herein enumerated.
b. Answer promptly all correspondence to the business,
residential, educational, cultural, recreational,
advantages and opportunities in the City, and dissem-
inate information by correspondence, newspaper
publicity and personal contacts favorably advertising
such advantages and opportunities.
c. Activities connected to these programs shall include:
1) Full-time staffing a p~blic information office
open during normal business hours.
2) Distribution of informational materials on South
San Francisco.
3) Research and publication of a Community Profile.
4) Compilation of new economic development promotional
materials including a wage survey, construction
costs and lease estimates.
City
o
shall pay to Chamber the sum set forth in Exhibit A
d. Make recommendations to City on those business expan-
sion procedures/policies wkich directly impact South
San Francisco's business climate relating to
companies/investors projects in the City.
e. To work as a liaison between the City government
bodies and prospects who visit our community.
f. To publish and distribute, periodically, a four color
brochure that will show graphically the economic
amenities of South San Francisco with space available
to the City without cost for inclusion of information
on governmental and other civic activities (formerly
the City Shopper's Guide).
g. To work with local business and industry to aid in
alleviating their problems. This area to include
search for, and listing of funding sources.
h. Maintain an office with current economic data files
within the Chamber building that can respond to
standard inquiries within five (5) working days (com-
puterized system).
i. To share materials with and maintain a cooperative
working relationship with the San Mateo County Devel-
opment Association and San Mateo County Visitor and
Convention Bureau, Downtown Merchants Association,
Pacific International Business Center, neighboring
Chambers of Commerce and local business associations.
CITY'S PAYMENT TO CHAMBER: In consideration therefor,
attached
hereto.
3. TERMINATION OF CONTRACT: Either party to this Agreement
may terminate this Agreement upon giving notice thereof in writing
at least thirty (30) days in advance of said termination. From and
after th~ effective date of such terminatLon, such Agreement shall
be terminated for all purposes except to obligations already
accrued.
4. OUARTERLY REPORTS: Chamber shall furnish City quarterly
reports regarding the activities performed by Chamber pursuant to
Paragraph "1" and other related provisions of this Agreement, the
first of said reports being due on or before the 15th day of April,
1986, for the quarter ending March 31.
5. POLITICAL ACTIVITY PROHIBITED: The Chamber shall not
support, endorse or oppose any candidate for municipal, county or
--school elections in San Mateo County. This shall not include the
conducting of candidates
public information nature.
6. PRIVATE PURPOSES
debate forums or similar
events of a
TEST: The parties hereto expressly
agree that no money shall be expended for private purposes, and for
the purpose of determining whether or not monies were expended for
private purpose, the following test shall apply:
"Expenditures shall require that the work would be essen-
tially public and for the general good of the City. It
must not be undertaken merely for gain of private objects.
Gain or loss may incidently follow, but the purpose must
primarily to satisfy the needs or contribute to the
convenience of the City at large."
4
Commerce, P. O. Box 469, South San Francisco, CA
7. INDEPENDENT CONTRACTOR RELATIONSHIP: The parties intend
that the relationship between them created by this Agreement is
that of employer-independent contractor. No agent, employee or
servant of Chamber shall be or shall be deemed to be the employee,
agent or .servant of City. City is interested only in the results
obtained under this Agreement; the manner and means of conducting
the programs are under the sole control of Chamber. None of the
benefits provided by the City to its employees, including but not
limited to compensation insurance and unemployment insurance, are
available from City to the employees, agents or servants of
Chamber. Chamber shall be solely and entirely responsible for its
acts and for the acts of its agents, employees, servants and sub-
contractors during the performance of ~his Agreement. Chamber
shall direct the performance of all of Chamber's personnel and its
agents and employees, and shall hold harmless, indemnify, and at
City's request, defend City, its officers, employees, agents,
boards and commissions from and against all claims, demands,
damages, costs and expenses which arise out of or are in any way
connected with the performance of this Agreement.
8. NOTICES: All notices herein required shall be in writing
and delivered in person or sent by registered or certified mail,
postage prepaid. Notices required to be given to City shall be
addressed as follows: City Manager, City Hall, 400 Grand Avenue,
P. O. Box 711, South San Francisco, CA ~4080.
Notices required to be given to Chamber shall be
addressed as follows: President, South San Francisco Chamber of
94080.
Either party may change such address by notice
other party, and thereafter notices shall be addressed and
mitred to the new address.
to the
trans-
IN WITNESS WHEREOF, the parties hereto have caused this Agree-
ment to be executed in duplicate on the day and year first above
written,
ATTEST:
ity Clerk
CITY OF SOUTH SAN FRANCISCO,
a municipal corporation
C~.'[ty Manager
SOUT'~ SAN FRANCISCO ~HAMBER OF
/9-~esiden~
COMMERCE
EXHIBIT "A"
Fiscal YearI Period Monthly Payment Total Payment
1985-86 1/1/86-6/30/86 $ 4,000 $ 24,000
Following targets subject to future aDDroi~riation and amendment to this
Exhibit
1986-87
1987-88
7/1/86-6/30/87
7/1/87-10/32/87
1/1/87-11/30/87
1988 (Calendar Year)
$ 4,000 $ 48,000
4,000 16,000
2,000 2,000
City will consider only requests for special
project funding.