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HomeMy WebLinkAboutReso - CC - 038-2012RESOLUTION NO. 38-2012 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 2012-2013 WHEREAS, the City requires a provider of continuing public information services, a provider which can respond to inquiries from business, visitors, and residents about the public and private services available in the community; and WHEREAS, the City also requires a provider which can provide a ready source of information and the coordination of community events; and WHEREAS, the City also requires a provider which can promote commmiity events; 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 in the past; and WHEREAS, the Chamber has agreed to provide these activities and programs for the 2012-2013 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. j_'1v1F' j/ 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 21" day of May, 2012, and was adopted thereafter by the following vote: AYES: Councihnembers: BAYLOCK,BROWNRIGG,DEAL,KEIGHRAN,NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE �� e Mary lieu Kearney, City Cl rk Exhibit A. PROMOTIONAL ACTIVITIES — CHAMBER OF COMMERCE This Agreement is made and entered into as of the I" day of July, 2012, 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 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, 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 2. Assist with the December Merchant Holiday Open House and Tree Lighting Ceremony SAChumber of Commerce1FY2012-13\Funding Agreement FY 12-13.doe I�'.7it[7if� 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 1000 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. 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 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 City to the public). k. Employ competent personnel to carry on the promotional activities enumerated herein. Work to develop a partnership with the City of Burlingame's business improvement districts that include the exploration of - 1. f 1. On-going "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. 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, 2012, and ending June 30, 2013. The foregoing sum shall be paid in SAChamber of Conunerce\FY2012-13\Funding Agreement FY 12-13.doc 2 Exhibit A. twelve equal consecutive monthly installments commencing July 1, 2012. Chamber shall send to City on the first (1s) 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 party at the address specified below: CC: City Manager City Hall 501 Primrose Avenue Burlingame, CA 94010 Chamber: Chau, 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. 7. Termination. This Agreement shall commence on July 1, 2012 and shall terminate on June 30, 2013, 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 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' SAChamber of CommerceTY2012-131Funding Agreement FY 12-13.doc Exhibit A. 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 BURLINGAME: -3 Jun Namell, City Manager Attested: LIZ CHAMBER OF COMMERCE: LIZ Georgette Naylor, President SAChamber of COmmerceTY2012-131Funding Agreement FY 12-13.doc 4 Exhibit A. ID/V111:3LIIL\ DISTRIBUTION OF MATERIALS AND INFORMATION ABOUT THE CITY OF BURLINGAME 1. Burlingame Demographics 2. Essential information for new Burlingame residents, including, without limitation, information materials for Burlingame Newcomers Club for all new Burlingame residents contacted by the club. 3. 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 include: a. Burlingame/Hillsborough Street Map, including 1000 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. Provide direction or resource information to meet unique or uncommon requests SAChamber of CommerceTY2012-131Funding Agreement FY 12-13.doc Exhibit A. 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 3. Information to Burlingame Elementary Schools about Burlingame 4. Chamber Membership Advertising and Promotional Budget promotes Burlingame in coordination with the Business Associations and Business Improvement Districts 5. Prepare publicity releases for Community Events 6. On-going business economic development programs: a. Hotels b. Office Buildings c. Providing SCORE counselor in Chamber office for business counseling 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— Independent Special Edition Insert 10. Promote the annual county business trade show 11. Burlingame Trolley 12. Assist the City of Burlingame in promoting commercial recycling activities and programs among Chamber membership. SAChamber of COnmletce\FY2012-13\Funding Agreement FY 12-13.doc