Loading...
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.