HomeMy WebLinkAboutReso - CC - 048-2010RESOLUTION NO. 48-2010
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 2010-2011
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 community 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 2010-2011 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.
Cathy Bayflock, 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 21s` day of June, 2010, and was
adopted thereafter by the following vote:
AYES: Councihnembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: Councihnembers: NONE ( h
M Ellen Kearney, City Cl k
Exhibit A.
PROMOTIONAL ACTIVITIES — CHAMBER OF COMMERCE
This Agreement is made and entered into as of the I't day of July, 2010, 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 Artz Festival
2. Assist with the December Merchant Holiday Open House and Tree
Lighting Ceremony
S:\Chamber of Commerce\Funding Agreement FY 10-1l.doc
Exhibit A.
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.
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.
1. Work to develop a partnership with the City of Burlingame's business
improvement districts that include the exploration of:
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, One Hundred and
Seventy Nine Dollars ($30,179) for general promotional services
performed by Chamber hereunder for the period commencing July 1,
2010, and ending June 30, 2011. The foregoing sum shall be paid in
S:\Chamber of Commerce\Funding Agreement FY 10-1l.doc 2
Exhibit A.
twelve equal consecutive monthly installments commencing July 1, 2010.
Chamber shall send to City on the first (I') day of each month a written
invoice describing in a summary manner the services for which Chamber
is to be paid. Invoices dated the fust 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. .
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:
Com: City Manager
City Hall
501 Primrose Avenue
Burlingame, CA 94010
Chamber: Chair, 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, 2010 and shall terminate
on June 30, 2011, 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 CommerceTunding Agreement FY 10-11.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:
:A
Jim Nantell, City Manager
Attested:
5:\Chamber of Commeme\Funding Agreement FY 10-11.doc
CHAMBER OF COMMERCE:
LM
Georgette Naylor, President
Exhibit A.
EXHIBIT A
DISTRIBUTION OF MATERIALS AND INFORMATION
ABOUT THE CITY OF BURLINGAME
1. Burlingame Demographics
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. Art In The Park
b. Broadway Festival (when applicable)
c., Burlingame Artz Festival (formerly Art & Jazz)
d. Concert In The Park Series
e. Concerts at Kohl Mansion
f. Public Elementary School, Public and Private High School Events
g. Burlingame & Broadway Area Business Improvement Districts.
It. Merchant Sidewalk Sales (April & August)
i. 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
S:\Chamber of Commerce\Funding Agreement FY 10-11.doc 5
Exhibit A.
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
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.
S:\Chamber of Commerce\Funding Agreement FY 10-11.doc