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HomeMy WebLinkAbout1992 Chamber of Commerce Community Promotion Services Agmt Contract No..-K022 AGREEMENT FOR COMMUNITY PROMOTION SERVICES THIS AGREEMENT, effective August 11 , 1992, 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, disseminating 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 provided; 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 constitute statements of fact herein. 2. Chamber shall carry on promotional activities as follows: a. Maintain a public office to be identified by suitable sign that will be readily identifiable by members of the public, and provide information to visitors, tourists, businesses, commercial interests, professional people, and residents. A staff member or members of Chamber will be available daily during regular office hours, Monday through Friday. If additional office hours are required, City agrees to 1 loop' pay separately for those hours, and for the reasonable cost for such hours. b. Employ competent personnel to carry on promotional activities herein enumerated. 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 demographic and historical articles descriptive of City' s resources, and develop proper surveys whereby outside interests and individuals may be induced to locate in City, pursuant to City' s General Plan or specific Council direction. 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, although City agrees to cooperate with Chamber in sharing information. These materials will be available to visitors, tourists, and potential commercial interest who are seeking information. f. Aid in promoting the development and use of unoccupied and vacant commercial and/or industrial properties. g. Interview business and industrial executives with the view of urging the establishment of their business activities in City, pursuant to City' s General Plan or specific Council direction. h. Promote and invite trade and business meetings, celebrations, and conferences whereby outside interests and individuals may become acquainted with the advantages and opportunities in City. i. 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 2 b. Employ competent personnel to carry on promotional . activities herein enumerated. 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 demographic and historical articles descriptive of 'City' s resources, and develop proper surveys wherebyoutside interests and individuals may be induced to locate in City, pursuant to City' s General Plan or specific Council direction. 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 'literattire, although City agrees to cooperate with Chamber in sharing information. These materials will be available to visitors, tourists, and potential commercial interest who are seeking information. . f. Aid in promoting the development and use of unoccupied and vacant commercial and/or industrialproperties. g. Interview business and industrial executives with the view of urging the establishment of their business activities in City, pursuant to City' s General Plan or specific Council direction. h. Promote and invite trade and business meetings, celebrations, and conferences whereby outside interests and individuals may become acquainted with the advantages and opportunities in City. i. 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 fiscal year (July 1 to June 30) in the manner, at the time, and in the form requested by the City Manager. The amount of the budget request shall be based upon a formula approved by the City Council, attached to this agreement as Exhibit A, and as may be amended by Resolution of the Council from time to time. The amount shall be allocated as follows: one-half shall be paid in advance in July (or immediately after the City' s annual budget is adopted, whichever is later) and the balance due in January of the same fiscal year. 5. This Agreement shall become effective on the date of execution hereof by both parties, and shall continue in effect until June 30, 1993; 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 Paragraph 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 default or defaults, and Chamber must forthwith correct said default or defaults, or the provisions in this Agreement for financial sponsorship of Chamber 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, with the exception of the procedure outlined in Paragraph 4. 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 Agreement to be executed in duplicate on the date indicated below. Dated: , 1992 3 ATA-7DERO CHAM76, OF COMMERCE Y- f CSG 1' �Pij, sydent { W Secretary CITY OF ATASCADERO ROBERT P. NIMMO, Mayor ATTEST: LFE OIN, Cit Clerk APPROVED AS TO FORM: ART MONTAND , City Attorney 4 *0.011 0. 1111111" RINICITY OF ATASCADERO 1979 � cAni� OFFICE of the CITY CLERK Bill Mazzacane Executive Director Atascadero Chamber of Commerce CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Resolution No. 75-92 adopted by the Atascadero City Council at a regular meeting thereof held on August 11, 1992. DATED: August 21 1992 �`- =��•�� LEE RABOIN / City Clerk City of Atascadero, California c: Mark Joseph, Administrative Services Director 6.500 PALMA AVENUE • ATASCADERO, CA 93422 • (805) 461-5074 RESOLUTION NO. 75-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ATASCADERO CHAMBER OF COMMERCE TO PROVIDE COMMUNITY PROMOTION SERVICES The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The City Manager is hereby authorized to execute an agreement with: the Atascadero Chamber of Commerce to provide Community Promotion Services, and all other agreements or documents required to effectuate the terms of agreement. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to: appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council_ of the City of Atascadero held on the 11th day of August, 1992. CITY OF ATASCADERO, CALIFORNIA By: (- ROBERT P. NIMMO, Mayor ATTEST: LEE RABO.IN, City Clerk *Nwe *4000 Resolution No: 75-9Z Exhibit. A. ". i PERFORMANCE BASED FORMULA FOR CALCULATING ANNUAL CHAMBER OF COMMERCE FEE r 1. A weighted average shall be used to calculate the annual. '_ fee. The fee will be calculated as follows:-•- a. Ten Percent ( 10.0%) of the prior year' s Business License fee receipts; plus b. Six and one-half percent ( 6.5%) of the prior year' s' . Transient Occupancy Tax (Bed Tax) receipts; plus C. One-quarter percent (0.25%) of the prior year' s Sales Tax Receipts. - . 2 . The first semi-annual installment due in July will be based upon the City' s latest estimates for the above three revenues; the second installment due in January will reflect the audited figures and may be more or less than the first installment, due to any variance between estimated and actual figures.-1 . 3. The annual fee will be rounded to the nearest hundred.- . 4. The above formula may be amended by Resolution of the -s Atascadero City Council. 2. RESOLUTION NO. 75-92 - RENEWING THE AGREEMENT BETWEEN THE CITY AND CHAMBER OF COMMERCE FOR COMMUNITY PROMOTION SERVICES Mark Joseph provided the staff report and recommendation to approve. Councilwoman Borgeson asked the Assistant City Attorney to def ine the intent of Paragraphs #4 & #8 of the agreement and wondered if the statements conf licted with one another. Ms. Stockton reported that there was no conflict and advised that both sections were applicable. She suggested that the following language be added to Paragraph#8: "with the exception of the procedure discussed in Paragraph#411. Councilwoman Borgeson voiced concern that the agreement did not address business retention. Public Comment: Bill Mazzacane, Executive Director of the Chamber of Commerce, spoke in favor of approving the contract. Responding to Councilwoman Borgeson's comments, explained that the main purpose of the Chamber is to provide keen incentives for business retention. --- End of Public Testimony--- MOTION: By Councilman Kudlac, seconded by Councilman Luna to adopt Resolution No. 75-92, as amended. CC08/11/92 Page 5 Discussion on the motion: Councilwoman Borgeson suggested that the following paragraph be added to the Chamber of Commerce contract„ as #10: "The Chamber shall survey the business community to identify problems and issues, construct and maintain a data base for tracking businesses needing some form of assistance, and organize responses to the issues to present to the City's attention." Councilman Kudlac, maker of the motion, did not agree to amend the motion. Councilwoman Borgeson asserted that the contract was not performance-based and indicated that she would not vote for it. Vote on the motion: Motion to approve the Community Promotion Services agreement with the Chamber of Commerce passed 4:1 (Councilwoman Borgeson opposed). CITY OF ATAS CAD ERO 1979 OFFICE of the CITY CLERK Bill Mazzacane Executive Director Atascadero Chamber of Commerce CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Resolution No. 75-92 adopted by the Atascadero City Council at a regular meeting thereof held on August 11, 1992 . f , DATED: Auaust 21 , 1992 LEE RABOIN City Clerk City of Atascadero, California c : Mark Joseph, Administrative Services Director 6500 PALMA AVENUE • ATASCADERO, CA 93422 • (805) 461.-5074 RESOLUTION NO. 75-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ATASCADERO CHAMBER OF COMMERCE TO PROVIDE COMMUNITY PROMOTION SERVICES The City Council of the City of Atascadero, California, hereby resolves as follows: 1 . The City Manager is hereby authorized to execute an agreement with: the Atascadero Chamber of Commerce to provide Community Promotion Services, and all other agreements or documents required to effectuate the terms of agreement. 2 . The Citv Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to: appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 11th day of August, 13912 , CITY OF ATASCADERO, CALIFORNIA 7 By: ROBERT P. NIMMO, Mav - ATTEST: OU LEE RABOIN, Cjty Clerk Resolution No: 75-92- Exhibit A PERFORMANCE LASED FORMULA FOR CALCULATING ANNUAL CHAMBER OF COMMERCE FEE 1 . A weighted average shall be used to calculate the annual, ", fee. The fee will be calculated as follows:- : a. Ten Percent ( 10. 0%) of the prior year' s Business License fee receipts; plus b. Six and one-half percent ( 0 .5% ) of the prior year' s' . Transient Occupancy Tax (Bed Tax) receipts; plus C.- One-quarter percent ( 0. 25% ) of the prior year' s Sales Tax P.eceiots . - . 2 . The first semi-annual installment due in Julv will be based upon the City' s latest estimates for the above three revenues; the second installment due in January will reflect the audited figures and may be more or less than the first installment, due to any variance between estimated and actual figures .- 3 . The annual fee will be rounded to the nearest hundred. - - 4 . The above formula may be amended by Resolution of the — Atascadero City Council.