HomeMy WebLinkAboutAGENDA REPORT 1990 0321 CC REG ITEM 08N214
_ MOORPAR
ITEMp. �v
PAUL W. LAWRASON, Jr.
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
BERNARDO M.PEREZ
Councilmember
LILLIAN KELLERMAN
City Clerk
M E M O R A N D U M
TO: The Honorable City Council
FROM: Steven Rueny, City Manager
DATE: March 16, 1990
STEVEN KUENY
City Manager
CHERYLJ.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
SUBJECT: Consider Revision to Chamber of Commerce
services Agreement Concerning Reporting
Requirements
At the February 7, 1990 meeting, the City Council approved
the referenced Agreement. Since that time, the Chamber of
Commerce has requested that the City consider a clarification
to Section V.D. concerning the Chamber's obligation for
preparing reports to the City and a related financial
statement, and the City's option to inspect records related
to the services provided by the Chamber. A copy of the
Chamber's proposal is attached, as well as the relevant
section as previously approved by the Council.
The reporting and financial statement requirements did not
change. The only proposed revision is that the City's option
to inspect Chamber records and other written materials is
more cleary worded to reflect that such inspection is related
to the services provided pursuant to this Agreement.
STAFF RECOMMENDATION
Approve proposed revision to Section V.D. of the Chamber of
Commerce Agreement for Services and authorize the Mayor to
sign the Agreement, as revised.
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Attachments
.�(DRPARK, CALIFORNIA
City Council Meeting
of 199�
ACTION:,��%����,��
799 Moorpark Avenue Moorpark, California 930/, _, /� , (805) 529-6864
MOORPARK CHAMBER OF COMMERCE
P.O. BOX 296
♦4 MOORPARK, CALIFORNIA 93021
PHONE (805) 529-0322
March 2, 1990
Steve Kueny
City Manager
799 Moorpark Avenue
Moorpark, CA 93021
RE: AGREEMENT FOR SERVICES
Dear Steve:
I am writing as per our discussion on the Agreement
for Services contract between the City of Moorpark
and the Chamber of Commerce. The Executive Board
of Directors would like to request the following
change for the City Council's approval.
PartV. General Conditions
Item D to read as follows:
Chamber agrees to submit to City within sixty
(60) days following the termination of this
agreement a report describing the activities
and results provided pursuant to this agree-
ment and a financial statement. City shall
have the option of inspecting all records and
other written materials used by the Chamber
in the preparation of the monthly narrative
reports and a financial summary of the expendi-
tures associated with the specific services re-
quired by the City under Exhibit A.
If I can be of any further assistance, please contact
me at my place of business 529-7368 or the Chamber
office 529-0322.
Sincerely,
ILi da Plaks
P esident
LP:cs
RECEIVED
W 0 2 90
CITY OF MOORPAW
B. Chamber is and shall at all times remain as to the City a
wholly independent contractor. Neither the City nor any
of its officers, employees, servants or agents shall
exercise control over the conduct of Chamber or any of
Chamber's officers, employees or agents, except as herein
set forth. Chamber shall not at any time or in any
manner represent that it or any of its officers, employees
or agents are in any manner employees of the City.
C. At the time of 1) termination of this agreement or 2)
conclusion of all work; all original documents, designs,
drawings, reports, logos, diskettes, computer files, notes
and other related materials whether prepared by Chamber
or their subcontractor(s) or obtained in the course of
providing the services to be performed pursuant to this
agreement shall become the sole property of the Chamber.
D. Chamber agrees to submit to City within sixty (60) days
following the termination of this agreement a report
describing the activities and results provided pursuant to
this agreement and a financial statement. City shall have
the option of inspecting all records and other written
materials used by Chamber in preparing the report and
financial statement.
E. Chamber sh—aff hold harmless, indemnify and defend the
City and its officers, employees, servants and agents
serving as independent contractors in the role of City
Manager, Deputy City Manager, Director of Community
Development or City Attorney from any claim, demand,
damage, liability, loss, cost or expense, for any damage
whatsoever, including but not limited to death or injury
to any person and injury to any property, resulting from
misconduct, negligent acts, errors or omissions of Chamber
or any 'of its officers, employees or agents in the
performance of this agreement, except such damage as is
caused by the sole negligence of the City or any of its
officers, employees, servants or agents.
The City does not, and shall not, waive any rights that it
may have against Chamber by reason of Paragraph E
hereof, because of the acceptance by the City, or the
deposit with the City, of any insurance policy or
certificate required pursuant to this agreement. This
hold harmless and indemnification provision shall apply
regardless of whether or not said insurance policies are
determined to be applicable to the claim, demand, damage,
liability, loss, cost or expense described in Paragraph E
hereof.
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