HomeMy WebLinkAboutReso - CC - 073-2013RESOLUTION NO. 73-2013
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BURLINGAME
CHAMBER OF COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES IN
FISCAL YEAR 2013-2014
WHEREAS, the Burlingame Chamber of Commerce assists the City of Burlingame by responding
to inquiries from business, visitors, and residents about the public and private services available in the
community; and
WHEREAS, the Burlingame Chamber of Commerce also coordinates and promotes community
events, such as the Burlingame Artzfest, the December Merchant Holiday Open House and Tree
Lighting Ceremony, the Farmers Market, and the Broadway Holiday Cheer event; and
WHEREAS, Government Code sections 40100 and following allow the City to appropriate money
to publicize and advertise the City, its event and services; and
WHEREAS, the Burlingame Chamber of Commerce has provided these services to the
community on a timely, professional basis for many years; and
WHEREAS, the Chamber has agreed to provide these activities and programs for the 2013-2014
fiscal year,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS
FOLLOWS:
1. The City Council hereby approves the Agreement with the Burlingame Chamber of
Commerce in the form attached hereto as Exhibit "A".
2. The City Council authorizes and directs the City Manager to execute the Agreement for
and on behalf of the City.
Ann Keighr n Mayor
I, Mary Ellen Kearney, 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 19th day of August, 2013,
and was adopted thereafter by the following vote:
AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary Ellen Kearney, City CIA
AGREEMENT
PROMOTIONAL ACTIVITIES — CHAMBER OF COMMERCE
This Agreement is made and entered into as of the .August 19. 2013 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"), with reference to the following Recitals:
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, the parties hereby agree as follows:
AGREEMENT:
1. Duties of Chamber. In exchange for the consideration specified in paragraph 3
below, Chamber shall perform the following promotional activities on behalf of City:
a. Distribute materials and information to those residents who opt in to
receiving the information and businesses about Burlingame relating to the
activities described in Exhibit A attached hereto and incorporated herein
by reference. Access to resident information shall comply with all
relevant law.
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, telephone and e-mail.
c. Provide referral services from citizens and businesses about appropriate
City or government offices, including without limitation, the City
Business License office (located in the Water Department), Recreation
Department, Planning Department, Public Works Department, Police
Department and Fire Department.
d. Coordinate community events involving merchants and businesses
requiring City services as needed and help promotion by City.
e. Sponsor/coordinate/advertise special events and activities involving
businesses and the public, including the following:
1. Produce Burlingame Artzfest
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2. Assist with the December Merchant Holiday Open House and Tree
Lighting Ceremony
3. Conduct seasonal Farmers Market
4. Co-sponsor Broadway Holiday Cheer event
f. Produce/distribute materials about Burlingame, as follows:
1. Burlingame/Hillsborough Street Map, including providing 300
copies to the City of Burlingame
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 Burlingame by
participating (in conjunction with City) in the activities of San Mateo
County Economic Development Association.
j. Maintain and operate an office open to the general public for discharging
the obligations of Chamber under the terms of this Agreement (including,
without limitation, promoting the residential and business attributes of
Burlingame to the public).
k. Employ competent personnel to carry on the promotional activities
enumerated herein.
1. Work to develop a partnership with the City of Burlingame's business
improvement districts that includes the exploration of:
1. Ongoing "Buy Burlingame" campaigns
2. Use of a joint website to promote Burlingame businesses
2. Certain Political Activities Prohibited. The Chamber shall not support, endorse or
oppose any candidate for municipal, county or school elections in San Mateo County.
The Chamber may conduct candidate debate forums or similar events of a public
information nature. Further, Chamber shall not use any proceeds received from City
pursuant to this agreement to support, endorse or oppose any measure or candidate.
3. Consideration.
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a. General Promotional Activities. City shall pay Chamber, in the manner
specified below, the sum of Thirty Thousand, Seven Hundred and
Eighty Three Dollars ($30,783) for general promotional services
performed by Chamber hereunder for the period commencing July 1,
2013, and ending June 30, 2014. The foregoing sum shall be paid in
twelve equal consecutive monthly installments commencing July 1, 2013.
Chamber shall send to City on the first (l') day of each 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. Assignment. 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 alternative 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 parry at the address specified below:
Com: City Manager
City Hall
501 Primrose Avenue
Burlingame, CA 94010
Chamber: President
Burlingame Chamber of Commerce
417 California Drive
Burlingame, CA 94010
Either parry 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.
7. Termination. This Agreement shall commence on July 1, 2013 and shall terminate
on June 30, 2014, 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 constitutesthe exclusive statement
of its terms and no extrinsic evidence whatsoever may be introduced in any judicial
proceedings involving this Agreement.
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10. Attomeys' 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 should 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. Headings. 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 have executed this Agreement as of the date
first set forth above.
CITY OF BI)RLINGAME: CIIAMBER OF COMMERCE:
By Aj,�
Lisa K. Goldman, City Manager
Attested:
By
President
H
EXIIIBIT A
DISTRIBUTION OF MATERIALS AND INFORMATION ABOUT THE CITY
OF BURLINGAME
1. Burlingame demographics
Essential information for new Burlingame residents who opt in to receiving the
information, including, without limitation, information materials for Burlingame
Newcomers Club for all new Burlingame residents contacted by the club.
Community event information including:
a. Broadway Festival (when applicable)
b. Burlingame Artzfest (formerly Art & Jazz)
c. Concert in the Park Series
d. Concerts at Kohl Mansion
e. Public elementary school, public and private high school events
f Burlingame & Broadway Area Business Improvement Districts
g. Merchant Sidewalk Sales (April & August)
h. December — Merchant Holiday Open House and Tree Lighting
4. Public transportation information (Samtrans, Caltrain, BART & Burlingame Trolley)
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 including:
a. Burlingame/Hillsborough Street Map, including 300 copies to the City
b. San Mateo County Convention & Visitors Bureau County Image
c. Burlingame Golf Center
d. Burlingame Recreation Department Brochures (3 per year)
e. Social service resources
14. Direction or resource information to meet unique or uncommon requests
EXHIBIT B
ADDITIONAL RESPONSIBILITIES PROMOTING BUSINESS. COMMUNITY
AND ECONOMIC DEVELOPMENT
1. Promote special community meetings, seminars and special events
2. Promote community events and services
3. Provide information to Burlingame elementary schools about Burlingame
4. Use Chamber membership advertising and promotional budget to promote
Burlingame in coordination with the Business Associations and Business
Improvement Districts
5. Prepare publicity releases for community events
6. Engage in ongoing business economic development programs:
a. Hotels
b. Office Buildings
c. Providing SCORE counselor in Chamber office for business counseling
7. Represent Chamber at San Mateo County PROGRESS SEMINAR to study regional
issues
8. Respond to City of Burlingame requests regarding all business issues
9. Produce Chamber/Business Annual Report — Independent Special Edition Insert
10. Promote the annual county business trade show
11. Participate in meetings with stakeholders regarding Burlingame Trolley
12. Promote commercial recycling activities and programs among Chamber membership
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