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HomeMy WebLinkAbout1988 Chamber of Commerce Tourist Promotion Agmt TOURISM PROMOTION AGREEMENT This agreement made and entered into this 1st day of August 1988, by and between the Chamber of Commerce of San Luis Obispo, Inc. , a California not-for-profit corporation, hereinafter referred to as "Chamber" and CITY OF ATASCADERO, a municipal corporation hereinafter referred to as "CITY. " W I T N E S S E T H WHEREAS, the City is desirous of increasing the economic well- being of the county through tourism development, AND WHEREAS, the Chamber has organized the San Luis Obispo County Visitors & Conference Bureau for the express purpose of promoting the tourism attributes of San Luis Obispo County and its cities. NOW, THEREFORE, the parties hereto hereby agree as follows: 1. Scope of Services. The Chamber shall maintain the San Luis Obispo County Visitors & Conference Bureau, hereinafter referred to as "Bureau", as a standing committee of the Chamber but separate for accounting purposes. This Bureau shall include exclusively identifiable offices, telephone number, address, and at least one full-time, professional staff person totally devoted to the work of the Bureau. The Chamber agrees that the Bureau activities will include, but M TOURISM PROMOTION AGREEMENT page 2 not be limited to, the following: newspaper, magazine, and direct mail advertising, participation at travel trade shows and missions, brochure and other publications development, solicitation of group and conference business, assistance with conference planners, media relations, act as liason with the State Office of Tourism, and other activities which would reasonably be a part of a tourism promotion program. The Chamber agrees to spend funds generally in accordance with the following guidelines: 35% for advertising and advertising production, 20% for trade show and sales mission participation, 15% for publications and brochure development, and 30% for salaries and administrative costs. 2 . Time of Performance and Termination. This contract shall be effective as of August 1, 1988 and shall terminate on August 1, 1989 unless extended from year to year by mutual written agreement of both parties. 3 . Compensation. For services rendered, Chamber shall be paid $3 , 000. A payment of $3 , 000 shall be made on or before September 15, 1988 . 4 . Records. Chamber agrees that the Bureau will keep complete financial records of income and expenses separate from TOURISM PROMOTION AGREEMENT Page 3 the Chamber and that the Bureau will produce financial and activity reports on a quarterly basis, to be made no later than 30 days following the end of the calendar quarter. Chamber agrees to audit the finances of the Bureau annually. Financial records of the Bureau shall be available for inspection by the City upon reasonable notice to Chamber and may be and may be audited by the City annually at the City's expense. 5. Insurance. Chamber agrees to maintain insurance for the life of this agreement in a single-limit amount of not less than $1, 000, 000 for bodily injury and property damage covering the scope of services of this agreement. 6. Independent Contractor. The Chamber, and all the agents and employees of Chamber and the Bureau, in the performance of this agreement, shall act in an independent capacity and not as officers, employees or agents of the City. 7. General Provisions. A. This agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement, shall be deemed to exist or to bind any of the parties hereto. B. All materials, files, photographs, manuscripts, and artwork produced under the terms of this agreement shall remain TOURISM PROMOTION AGREEMENT page 4 the property of the Bureau during the agreement period and after the agreement expires. C. This agreement shall be governed and construed in accordance with all the laws of the State of California. D. The Chamber certifies that it does not discriminate and shall refrain from discrimination against any person or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry or national origin. ATTEST: CITY OF ATASCADERO APPROVED AS TO FORM: CHAMBER OF COMMERCE OF SAN LUIS OBISPO, NC. v r /Y BY• (-�, BY C ATTORNEY PRESIDE 7 DATE APPROVED: EXECUTIVE MANAGER July 18 , 1988 V ' AGREEMENT FOR COMMUNITY PROMOTION SERVICES THIS AGREEMENT, effective November 1 , 1981 , is entered into by and between the City of Atascadero, a municipal corporation (hereinafter referred to as "City") , and the Atascadero Chamber of Commerce, a non-profit corporation (hereinafter referred to as "Chamber" ) . WITNESSETH: WHEREAS , City desires to promote its advantages as a business, retail, commercial, recreational , and residential center, dissemi- nating information relative thereto, and properly follow up and give consideration to inquiries made from time to time relative to the various activities of City and its possibilities; and WHEREAS, City desires Chamber to perform certain promotional and other services for City, which City believes will be of great advantage and benefit to City, and to the citizens, residents, property owners, and taxpayers thereof, and will promote the general welfare; and WHEREAS, Chamber is organized for such promotional activities on behalf of City, and is in a position to accomplish such aims and purposes of City in an efficient and economical manner; and WHEREAS, Section 37110 of the Government Code of the State of California authorizes the expenditure of public funds by a municipal corporation for advertising or publicity as therein and herein pro- vided; NOW, THEREFORE, in consideration of the premises and covenants and promises hereinafter set forth, the parties hereto hereby agree as follows: 1. That the foregoing recitals are true and correct and con- stitute accurate statements of fact herein. 2. Chamber shall carry on promotional activities as follows: a. Maintain a public office to be identified by a suitable sign that will be readily identifiable by members of the public, and provide information to visitors, tourists, businesses, commer- cial interests, professional people, and residents. A staff member or members of Chamber will be available daily during regular office hours, Monday through Friday. b. Employ competent personnel to carry on promotional activities herein enumerated. -1- C. Answer promptly all correspondence relative to the business, industrial, residential, educational , cultural , and recreational advantages and opportunities in City, and disseminate information by correspondence, newspaper publicity, and personal contacts, favorably advertising such advantages and opportunities. d. Prepare articles and news stories, compile data, gather and assemble news items, photographs , literature, and scientific and historical articles descriptive of City' s resources, and develop proper surveys whereby outside interests and individuals may be in- duced to locate in City. e. Supply maps and promotional literature about City and maintain files on economic conditions, commercial and industrial sites, tourist information, and general business information about the community. Chamber will be responsible for updating published information included in Chamber literature. These materials will be available to visitors, tourists , and potential commercial inter- ests who are seeking information. f. Aid in promoting home building programs and the develop- ment and use of unoccupied and vacant properties. g. Interview business and industrial executives with the view of urging the establishment of their business activities in City. h. Promote and invite trade and business meetings , cele- brations, and conventions whereby outside interests and individuals may become acquainted with the advantages and opportunities in City. i. Study the needs of the community for public improvements of every character, and prepare data, attend conferences, and by every proper method, aid in securing such improvements. j . Carry on such other duties as may be requested by City to promote the business, industrial, and residential development of City. 3. Chamber shall furnish semi-annual reports of its promotional activities to City, which shall consist of the activities scheduled for the next six succeeding months and a review of the activities accomplished during the preceding six months. Said reports shall include a detailed breakdown of all amounts expended and expected to be expended by Chamber for said activities. 4 . Chamber will submit to City a budget request and program for each Chamber fiscal year (July 1 to June 30) in the manner, at the time, and in the form requested by the City Manager. Said budget request shall be submitted in the same form as budget requests submitted by City departments. The amount of the budget request, to the extent approved by the City Council , shall be -2- allocated, for the purposes herein mentioned, by City to Chamber in four quarterly installments, payable in arrears on July 10 , October 10, January 10 , and April 10 of each year. 5. This Agreement shall become effective on the date of exe- cution hereof by both parties, and shall continue in effect until June 30 , 19 82 ; provided, however, that this Agreement shall be automatically renewed each year hereafter, for periods of one year, commencing July 1 through June 30 of the succeeding year, by action of the City Council budgeting funds as provided in Para- graph 4 hereof, and Chamber ' s acceptance thereof of said budget allocation. 6. City reserves the right to award separate bids for more specific advertising and promotional projects approved by the City Council during the term of this Agreement. 7 . In the event, in the opinion of the majority of the City Council, Chamber is not functioning effectively, then City may give Chamber notice of this fact, specifying in detail the alleged de- fault or defaults, and Chamber must forthwith correct said default or defaults, or the provisions in this Agreement for financial sponsorship of Chamber, which may be terminated by action of the majority of the City Council. 8 . This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall be construed as a waiver of the right to compel enforcement of such provision or provisions. 9. It is understood that the contractual relationship of Chamber to City is that of independent contractor. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed� in duplicate on the date indicated below. Dated: y� 9 1981 CITY OF ATASCADERO RO RT J. WILK NS,--JR. MAyor Attest: Dated: � 1981 MUR7Y L. DEN, City Clerk -3- e Approved as to form: Dated: t ( 1981 ALLEN GRIMES , City Attorney Dated: r 2� , 1981 ATASCADERO CHAMBER 0 COMMERC c Pros e C-iILL Secretary -4-