Loading...
HomeMy WebLinkAboutReso - CC - 071-2018RESOLUTTON NO. 071-2018 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 2018-2019 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 Burlingame on the Avenue, the December Merchant Holiday Open House and Tree Lighting Ceremony, the Fresh Market, and the Broadway Holiday Cheer event; and WHEREAS, Govemment Code sections 40100 and following allow the City to appropriate money to publicize and advertise the City and its events 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 2018-2019 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. 2. The City Council authorizes and directs the City Manager to execute the Agreement on behalf of the City. Michael Brow ss,yor 4rh AYES Councilmembers: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers:NONE rtify that the foregoing day of June, 2018, and earer, City Clerk I l, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, Resolution was introduced at a regular meeting of the City Council held on the was adopted thereafter by the following vote: This Agreement is made and entered into as of the day of _, by and between the City of Burlingame, a municipal corporation of the State of Califomia (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: 1 . Duties of Chamber. In exc hange for the consideration specified in paragraph 3 below, Chamber shall perform the following promotional activities on behalf of City: b c d e 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. Provide referral services from citizens and businesses about appropriate City or govemment offices, including without limitation, the City Business License office (located in the Water Departrnent), Recreation Department, Planning Department, Public Works Department, Police Department and Fire Department. Promote community events involving merchants and businesses requiring City services as needed. Sponsor/coordinate/advertise special events and activities involving businesses and the public, including the following: I . Produce Burlingame On the Avenue AGREEMENT PROMOTIONAL ACTIVITIES - CHAMBER OF COMMERCE AGREEMENT: 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. 1 2. Promote the December Merchant Holiday Open House and Tree Lighting Ceremony 3. Conduct Sunday Fresh Market, which may be held year-round, and seasonal Thursday Fresh Market 4. Co-sponsor Broadway Holiday Cheer event f. Produce/distribute materials about Burlingame, as follows: Burlingame/Hillsborough Street Map, including providing 300 copies to the City of Burlingame Promote business, community and economic development through the activities described in Exhibit B attached hereto and incorporaled by reference herein. Assist City with promotion of the cunently operating commuter shuttle service between the Broadway Caltrain station and the business area east of the Bayshore Freeway. 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). 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 includes the exploration of ongoing "Buy Burlingame" campaigns. 2. Certain Political Activities Prohibited. The Chamber shall not s upport, 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. h. I J 2 In conjunction with the City, promote the retention and relocation of businesses to Burlingame. k. l. 3. Consideration. a. General Pronoo{ional ,{etivrlics. Ci ty shall pay Chamber, in the manner specified below,the sum of Thirtv Thousand, Seven Hundred and Eiehtv Three Dollars ($30.783) for general promotional services performed by Chamber hereunder for the period commencing July 1, 2018, and ending June 30, 201 9. The foregoing sum shall be paid in twelve equal consecutive monthly installments commencing July 1, 2018. Chamber shall send to City on the first (1't) day ofeach 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 ofeach month. 4. Assignment. This Agreement shall not be assigned by Chamber without the written consent of City. 5. Notices. Al1 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: eicr City Manager City Hall 501 Primrose Avenue Burlingame, CA 94010 Chamber:President Burlingame Chamber of Commerce 417 Califomia 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, servan8 and employees are not agents or employees of City. 7. Termination. This Agreement shall commence on fu[!-p!! and shall lerminate on June 30. 2019, unless extended by the parties in writing. 8. Goveming Law. This A greement shall be govemed by and construed in accordance with the laws of the State of Califomia 9. Entire Asreement. 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 J 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 ofthis Agreement, the unsuccessfirl party to such litigation shall pay to the successful party all costs and expenses, including reasonable attomeys' 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 hereofshall be valid and enforceable to the fullest extent permitted by law. 12. Headinss. 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:CIIAMBER OF COMMERCE: By Lisa K. Goldman, City Manager Georgette Naylor, President Attested: B B Approved as to form: Kathleen Kane City Attomey 4 1 . Burlingame demographics 2. 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. 3. Community event information including: a. Broadway Festival (when applicable) b. Burlingame On the Avenue 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 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 I 0. Realtor information I 1. Burlingame business relocation assistance 12. Burlingame business economic profile I 3. Publication handouts including: a. Burlingame./Hillsborough Street Map, including 300 copies to the City b. San Mateo County Convention & Visitors Bueau County Image c. Burlingame Golf Center d. Burlingame Recreation Department Brochues (3 per year) e. Social service resources 5 14. Direction or resource information to meet unique or uncommon requests EXHIBIT A DISTRIBUTION OF MATERIALS AND INFORMATION EXHIBIT B ADDITIONAL RESPONSIBIL ITIES PROMOTING BUSINESS. COMMUNITY AND ECONOMIC DEVELOPMENT 1. Promote special community meetings, seminars and special events 2. Promote community events and sewices and provide opportunity for City to promote its activities at the Fresh Market and Burlingame on the Avenue 3. Provide information to Burlingame elementary schools about Burlingame as requested 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 cornmunity events a. Hotels b. Oflice Buildings c Providing meeting space for SCORE counselor in Chamber office for business counseling as requested 7. Represent Chamber at San Mateo County PROGRESS SEMINAR to study regional lssues 8. Respond to City of Burlingame requests regarding all business issues 9. Participate in meetings with stakeholders regarding Burlingame Trolley 6 6. Engage in ongoing business economic development programs: 10. Promote commercial recycling activities and programs among Chamber membership