1998-166 - Authorize the Town Manager to execute an agreement amendment with the Los Gatos Chamber of Commerce for FY 1998/99 servicesRESOLUTION 1998 - 166
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS AUTHORIZING
THE TOWN MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH THE
LOS GATOS CHAMBER OF COMMERCE FOR FISCAL YEAR 1998/99 SERVICES
WHEREAS, TOWN and CONTRACTOR executed an Agreement for Community
Services dated September 23, 1997, approved by Council August 18, 1997; and,
WHEREAS, TOWN and CONTRACTOR executed an Amendment to Agreement for
Community Services approved by Council April 20, 1998; and,
WHEREAS, the Town Council has approved an allocation of funds for Fiscal Year
1998 -99 to CONTRACTOR;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVES AS FOLLOWS:
That the Town Manager is authorized to execute the Agreement Amendment (Exhibit
A) with the Los Gatos Chamber of Commerce, an affiliate of the San Jose Metropolitan Chamber
of Commerce, for FY 1998/99.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 19th day of October, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: r-
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF HE TOWN OF OS GA, f
LOS GATOS, CALIFORNIA
JMCE OF THU. Tf wN C1yRK
AMENDMENT TO AGREEMENT FOR COMMUNITY SERVICES
BY AND BETWEEN THE TOWN OF LOS GATOS
AND THE TOWN OF LOS GATOS CHAMBER OF COMMERCE
FISCAL YEAR 1998 -99
This AMENDMENT TO AGREEMENT is entered into this day of
1998, and is effective as of the 1st day of July, 1998, by and between TOWN OF LOS
GATOS, a municipal corporation ( "TOWN') and THE TOWN OF LOS GATOS CHAMBER OF
COMMERCE ( "CONTRACTOR ").
WHEREAS, TOWN and CONTRACTOR executed an Agreement for Community
Services dated September 23, 1997, approved by Council August 18, 1997; and,
WHEREAS, TOWN and CONTRACTOR executed an Amendment to Agreement
for Community Services approved by Council April 20, 1998; and,
WHEREAS, the Town Council has approved an allocation of funds for Fiscal Year
1998 -99 to CONTRACTOR;
AGREEMENT:
IT IS THEREFORE AGREED by the parties as follows:
1. Term of the contract be extended from July 1, 1998, to June 30, 1999.
2. Replace existing Exhibit B with revised Exhibit B, attached and incorporated
herein.
3. The terms and conditions of the original Agreement and the subsequent
amendment as described in the Recitals, except as herein expressly amended,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement for
Community Services on the date written above, effective July 1, 1998.
APPROVED AS TO FORM:
Orry P. Korb, Esq.
Town Attorney
ATTEST:
Marian V. Cosgrove
Town Clerk
APPROVED AS TO CONTENT:
Regina A. Falkner
Community Services Director
CSD19:AAConv \ch=ber2.com
TOWN OF LOS GATOS:
David W. Knapp
Town Manager
LOS GATOS CHAMBER
OF COMMERCE
Kent Cooper
Chairman of the Board
EXHIBIT B - SCOPE OF SERVICES
The Chamber will provide the following services at an office open to the public in Los Gatos:
1. Answer requests for general information about the Town of Los Gatos and the community in
such areas as services available, who to contact for services, community events, recreational
opportunities, retail shopping and dining opportunities, lodging and conference facilities,
local schools, maps and directions to and within Los Gatos, and other general information
questions. The Chamber shall provide this information without regard to an individual's or
business' status as a Chamber member or non - member.
The Town will compensate the Chamber at the rate of eight (8) dollars for each hour that the
office is open, up to 30 hours each week. The maximum annual amount that the Town will
compensate the Chamber for this service is $12,000 per year. The Town shall reimburse the
Chamber on a quarterly basis after receiving a report from the Chamber indicating the num-
ber of hours of service provided during the prior quarter. The Chamber will provide the
Town information on the number and type of informational requests handled by the Cham-
ber. The reimbursement will occur within 30 working days after receiving an invoice from
the Chamber. The first quarter shall begin on October, 1997.
2. Develop, produce, and distribute the different informational brochures about Los Gatos, as
listed in their individual quantities below. Each brochure shall be on glossy "brochure qual-
ity" paper which is at least 8.5 inches by 11 inches with information on both sides. Each
brochure shall be designed in the same style and quality as the "Town of Los Gatos, Gem of
the Foothills" general community brochure, Los Gatos Meeting Venues and Accommoda-
tions" guide, and "Dining in Los Gatos" guide, all produced for the Town by the Town of Los
Gatos Chamber of Commerce in FY 1997 -1998.
The categories for these brochures shall be:
A. General Community Brochure - This brochure will have a long shelf life and will not require
frequent revision, but will need reprinting when supplies run out.
B. Dining in Los Gatos Guide - Due to frequent changes in this category, the Guide will have a
short shelf life and need updating and reprinting every six months.
C. Los Gatos Meeting Venues and Accommodations - Although this guide requires less frequent
changes than the Dining Guide, it may need updating and will need reprinting when sup-
plies run out.
D. Cultural Arts Guide - This companion piece to be planned by the Town of Los Gatos Arts
Commission with donation of design, layout and pre -press work provided by the Chamber
for printing this fiscal year.
E. Additional Town Brochures - In its capacity as the official information source for the Town of
Los Gatos, the Chamber assumes responsibility for working with the Town to develop, de-
sign, and produce additional informational brochures about the Town. This could include
donation of design, layout, and pre -press work being provided by a Chamber Member through
the Chamber in order to maximize the money for brochures allocated in this contract for
printing.
3. The Chamber will consult with the Town on the progress of brochures prior to and during
development. The Town will have final "check -off" approval of all materials prior to the
final printing and will authorize payment upon final check -off. The Town will pay the nor-
mal 50% deposit for the brochure(s) and, prior to June 30 of the current fiscal year, must
receive an invoice for the balance. The Chamber will consult with the Town on each new
brochure category prior to development, and the Town will have final "check off" approval
prior to production. Each brochure shall acknowledge that funding, at least in part, was
provided by the Town of Los Gatos. It is anticipated that the Chamber may provide supple-
mental funding to finance each brochure either from general Chamber revenues or from pri-
vate contributions. Private contributors providing cash or "in kind" services equal to or
exceeding the Town's contribution for the brochure may receive an acknowledgment in the
same manner as the Town on the brochure. The Chamber may place the logo of the Los
Gatos Chamber of Commerce on the brochures.
4. The Town acknowledges that it is the intent of the Chamber to provide a consistent, high -
quality image for the Town via these and other informational and promotional avenues. It is
consistent with this intent and the informational accountabilities as stated in Item 1 of this
contract to have the brochures appear on the Chamber's website: www.losgatosweb.com
The Chamber volunteers to exchange links with the Town's website, so that visitor's to
either website will have easy access to both.
5. Acquire 1,166 street maps of Los Gatos and distribute the maps upon request by the public.
The Town will provide $3,500 to the Chamber for this service.
Description
Number*
Maximum
Payment*
1. Office Hours ($8 /hr)
1,500 hours
$12,000
2. Brochures and Inserts
$4,500
3. Maps
1,166 maps
$3,500
* Annual goals and payments unless otherwise indicated.
2
6. Payments to Contractor:
a. GENERAL. TOWN agrees to pay CONTRACTOR for the performance of the
services, work and duties, subject to and performed in connection with the
Agreement a sum of money not to exceed the amount set forth in the Agreement.
These payments are made on a monthly or quarterly basis. The statement or
statements requesting payment shall be in a form approved by the Town, and the
CONTRACTOR shall specify the services performed by the CONTRACTOR
during the month or quarter for which payment is sought.
b. TOWN REVIEW. It shall be the policy of the Town to pay promptly (net 30
days) all bills which become due and payable by the Town. Payment to the
CONTRACTOR shall be made 30 days after receipt by TOWN of the monthly or
quarterly invoices. The CONTRACTOR'S invoice must be mailed to the Town of
Los Gatos, Accounts Payable at P.O. Box 949, Los Gatos, California 95031, and
must include the Town's purchase order number. The TOWN will determine
whether payment can be made under the Agreement and may rely upon the
certification by CONTRACTOR that items appearing on the statement and its
supporting data are eligible items under the PROGRAM. However, no such
determination shall constitute a waiver by the TOWN of its right to recover from
CONTRACTOR any monies paid on items that were not eligible to payment
under the PROGRAM and the Agreement.
10/16/98 TOWN OF LOS GATOS PAGE 1
ACCOUNTING PERIOD: 4/99 PROGRAM EXPENDITURE STATUS
SELECTION CRITERIA: expledgr.fund= "100" and expledgr.key_orgn= ^8040" and expledgr.accoun¢= "72077^
FUND - 100 - GENERAL FUND DEPARTMENT - 8000 - COMMUNITY SERVICES
CFAR- FUNCTIONS - 40 - CULTURE AND RECREATION PROGRAM - 8040 - SPECIAL PROJECTS
SCO - 010007 - COMMUNITY PROMOTION
ACCOUNT
- - - - - TITLE - - - - -
BUDGET
PERIOD
EXPENDITURES
ENCUMBRANCES
OUTSTANDING
YEAR TO DATE
ENC + EXP
AVAILABLE
BALANCE
YTD/
BUD
72077
TOTAL
LG CHAMBER OF COMMERENCE
GRANTS & AWARDS
20,000.00
20,000.00
.00
.00
.00
.00
.00
.00
20,000.00
20,000.00
.00
.00
TOTAL
SPECIAL PROJECTS
20,000.00
.00
.00
.00
20,000.00
.00
TOTAL
COMMUNITY SERVICES
20,000.00
.00
.00
.00
20,000.00
.00
TOTAL
COMMUNITY PROMOTION
20,000.00
.00
.00
.00
20,000.00
.00
TOTAL
CULTURE AND RECREATION
20,000.00
.00
.00
.00
20,000.00
.00
TOTAL
GENERAL FUND
20,000.00
.00
.00
.00
20,000.00
.00
TOTAL REPORT
20,000.00
.00
.00
.00
20,000.00
.00
RON DATE 10/16/98 TIME 13:41:55 PEI - GOVERNMENTAL RESOURCE SERIES - FUND ACCOUNTANT
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THUS 6 TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE NAMED ABOVE FOR THIS POLICY PERIOD'
INDICATED NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY: CONTRACT OIi OTIKR OCCUMENT WITH RESPECT TO WHICH I"
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFCAOEO BY THE POLICIES OESCMBED HEREIN IB BUWILT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POMCIES. UMTS SHOWN MAY NAVE RUN REDUCED BY PAID CLAMS.
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TOWN OF LOS GATOS, ITS OFFICERS, OFFICIALS, EMPLOYERS AND VOLUNTEERS ARE
NAMED ADDITIONAL INSURED UNDER THIS POLICY AS PER ATTACHED ENDORSEMENT AS
RESPECTS ALL OPERATIONS OF THE NAMED INSURED.
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ENDYLB ANT OP TM ADOYE 0910F AM POLiMt EE CAMO ••M ROOK M'
TOWN OF LOS GATOS
EEPIRAMIN OATS "ME" INA 00.00 COYPAMF WILL NAl
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ATTN: MARLYN J, RASMUSSEN��
P.O. BOX 949
LOS GATOS CA 95031
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COMMERCIAL UNION CG 2D 26 1185 i `I �"'
ADDITIONAL INSURED--DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies Insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EOMEDULE
Name of Peron or Organization; LOS GATOS CHAMBER OF
0 no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable
to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as
an rsured but only with respect to liability arising out of your operations or premises owned by or rented to you.
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