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HomeMy WebLinkAboutReso - CC - 083-1998RESOLUTION 83-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH THE BURLINGAME CHAMBER OF COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City needs an ongoing public information service that can respond to inquiries from business, visitors, and residents about the public and private services available in the community; and WHEREAS, the City also needs a ready source of information and coordination for community events; and WHEREAS, there is also a need for local promotion of community events; and WHEREAS, Government Code sections 40100 and following allow the City to appropriate money to publicize and advertise the City; and WHEREAS, the Burlingame Chamber of Commerce has provided these services to the community on a timely, professional basis, NOW, THEREFORE, IT IS ORDERED: 1. The Agreement attached hereto as Exhibit A is approved. 2. The City Manager is authorized and directed to execute the Agreement for and on behalf of the City of Burlingame. The City Clerk is directed to witne the City. I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the—3 rd day of August ,1998, and was adopted thereafter by the following vote: -1- AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, 0g1MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK -2- AGREEMENT PROMOTIONAL ACTIVITIES - CHAMBER OF COMMERCE This agreement, made and entered into this 1st day of July, 1998, by and between the City of Burlingame, a municipal corporation of the State of California (hereinafter referred to as "City'), and the Burlingame Chamber of Commerce (hereinafter referred to as "Chamber"); RECITALS: WHEREAS, City desires to promote its advantages as a business, educational, cultural, recreational, and residential center, and to disseminate information relative thereto, and to properly respond to inquiries made from time to time relating to the various activities of City; NOW THEREFORE, it is agreed by the parties hereto as follows: AGREEMENT: 1. Duties of Chamber. In exchange for the consideration specified in paragraph 4 below, Chamber shall perform the following promotional activities on behalf of City: a. Distribute materials and information to residents and businesses about Burlingame relating to the activities described in Exhibit A attached hereto and incorporated herein by reference. b. Answer public inquiries about community facilities, events, organizations, businesses, and other community informational needs, through availability on a "walk-in" basis, as well as through mailings and telephone. C. Provide referral services to citizens and businesses to appropriate City or government offices, including, without limitation, the City Business License Bureau (located in the Water Department); Burlingame Recreation Department (regarding Art in the Park); Planning Department; Public Works Department; Police Department; and Fire Department. 27246L.1 d. Coordinate community events involving merchants and businesses requiring City services as follows: (i) coordinate with the Public Works Department to hang Christmas decorations in Merchant Areas; and (ii) help advertise the Christmas tree lighting ceremonies at City Hall. C. Sponsor/coordinate special events and activities involving businesses and the public, including the following: Assist Broadway Merchants Assoc. with liability insurance coverage for Broadway Festival (if applicable); Coordinate Burlingame Avenue Area Businesses Assn. April and August Sidewalk Sale; Assist the Burlingame Avenue Area Business Assoc. with December Merchant Holiday Open House; and Coordinate City of Golf Tournament Raffle with Recreation Department. f. Produce/distribute materials about Burlingame, as follows: (i) Burlingame/Hillsborough Street Map; (ii) Welcome to Burlingame Image Publication in conjunction with a Burlingame residential and business telephone directory, including all Burlingame residences, businesses and hotel rooms. g. Promote business, community and economic development through the activities described in Exhibit B attached hereto and incorporated by reference herein. h. Assist City with the continuation of the currently operating commuter shuttle service between the Broadway Caltrain station and the business area East of the Bayshore Freeway. L Promote the retention and relocation of businesses to City by participating (in conjunction with City) in the activities of San Mateo County Economic Development Association. j. Maintain and operate a publicly accessible office for discharging the obligations of Chamber under the terms of this Agreement (including, without limitation, promoting the residential and business attributes of City to the public). 2 2]246LL k. Employ competent personnel to carry on promotional activities herein enumerated. 2. 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 candidate debate forums or similar events of a public information nature. 3. Consideration. City shall pay Chamber, in the manner specified below, the sum of Twenty-three Thousand Eight Hundred Sixty-five Dollars ($23,865) for services performed by Chamber hereunder for the period commencing July 1, 1998, and ending June 30, 1999. The foregoing sum shall be paid in twelve equal consecutive monthly installments commencing July 1, 1998. Chamber shall send to City on the first (1st) day of the month a written invoice describing in a summary manner the services for which Chamber is to be paid. Invoices dated the first day of each month shall be paid no later than the fifteenth day of each month. 4. Assi nP ment. This agreement shall not be assigned by Chamber without the written consent of City. 5. Notices. All written notices and demands which either party may serve on the other may, as an alterative to personal service, be served by registered or certified mail. Any such notice or demand so served shall be deposited in the United States mail with postage fully prepaid and addressed to the party at the address specified below: Com: City Manager City Hall 501 Primrose Avenue Burlingame, CA 94010 Chamber: President, Burlingame Chamber of Commerce 290 California Drive Burlingame, CA 94010 Either party may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 6. Relationship of parties. It is agreed the Chamber is an independent contractor and all persons working for or under the direction of Chamber or its agents, servants and employees are not agents or employees of City. 3 272461.1 7. Termination. This agreement shall commence on July 1, 1998, and shall terminate on June 30, 1999, unless extended by the parties in writing. 8. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of California. 9. Entire Agreement. The terms of this agreement are intended by the parties as a final expression of their agreement and may not be contradicted by evidence of any prior or contemporaneous agreement. This agreement constitutes the exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial proceedings involving this agreement. 10. Attorneys' Fees. In the event of any litigation between the parties hereto to enforce any of the provisions of this agreement, the unsuccessful party to such litigation shall pay to the successful party all costs and expenses, including reasonable attorneys' fees incurred by the successful party, all of which may be included as part of the judgment rendered in such litigation. 11. Severability. If any provision of this agreement shall be invalid or unenforceable the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law. 12. Headines. The title and headings of the various sections hereof are included for purposes of reference only and are not intended to place any construction on the provisions hereof. IN WITNESS WHEREOF the parties hereto have executed this agreement the first day of the above written. CITY OF BURLINGAME CHAMBER OF COMMERCE By — Attested By 272461.E M Lo V EXHIBIT A DISTRIBUTION OF MATERIALS AND INFORMATION ABOUT BURLINGAME 1. Burlingame Demographics 2. Essential information for new Burlingame residents, including, without limitation, provide information materials for Burlingame Newcomers Club for all new Burlingame residents contacted by Mary Roberts, hostess 3. Community Event Information including: Art In The Park Broadway Festival (when applicable) Art On The Avenue - Burlingame Avenue Area Business Assoc. Concert In The Park Series Concerts at Kohl Mansion Public Elementary School, Public and Private High School Events Burlingame Night - S.F. Giants Burlingame - City Tennis Tournament Burlingame - City Golf Tournament Burlingame Avenue Area Business Assoc. Merchant Sidewalk Sales (April & August) December - Merchant Holiday Open House 4. Public Transportation Information (Samtrans, Caltrain, BART, and Burlingame Shuttle) 5. Historical Information - Burlingame 6. Churches, parks and schools in Burlingame 7. Wedding/Meeting Sites Information 8. Clubs and Organizations Information 9. Hotel and Restaurant Information 10. Realtor Information 11. Burlingame Business relocation assistance 12. Burlingame Business Economic Profile 13. Publication handouts include: Burlingame/Hillsborough Street Map Welcome to Burlingame Pictorial and Editorial Image and Telephone Directory covering Burlingame/Hillsborough residential - all Burlingame businesses. (26,000 copies distributed to all homes in Burlingame, Hillsborough and all Burlingame businesses) Discover Burlingame Downtown Retail Area San Mateo County Convention Bureau County Image Publication Peninsula Magazine Burlingame Recreation Dept. Brochures (3 per yr.) 14. Social Service Resources 15. Provide direction or resource information to meet unique or uncommon requests 16. Burlingame Chamber/Business Annual Report - Boutique Villager Special Edition Insert EXHIBIT B ADDITIONAL RESPONSIBILITIES PROMOTING BUSINESS, COMMUNITY AND ECONOMIC DEVELOPMENT: 1. Promotion of special community meetings, seminars and special events 2. Promotion of community events and services through community newspapers 3. Presentations to Burlingame Elementary Schools about Burlingame 4. Chamber Membership Advertising and Promotional Budget promotes Burlingame by allocating area funds to the Business Associations and Councils 5. Prepare publicity releases for Community Events 6. On-going business economic development programs: Hotel Council Office Building Council Providing SCORE counselor in Chamber office for business counseling Support of Private Industry Council (PIC) - Youth for Employment Program 7. Chamber Representation at San Mateo County PROGRESS SEMINAR to study regional issues 8. Response to City of Burlingame requests regarding all business issues 9. Chamber/Business Annual Report - Boutique -Villager Special Edition Insert 10. Participate in the annual business trade show with the San Mateo Chamber of Commerce.