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HomeMy WebLinkAbout11544 2 3 4 II I' , I . ~, 1 RESOLUTION NO. //5# "SOLOT''''' OF T" CITY OF ~"{O AlJ'l'lIOlU"'. THE EXECUtiON OF AN AG~MENT WITH THE SAN BERNAllD;tNO CHAMBER OF C~ FOR PUBLICIZING AND ADVERTISING THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said City 8 an agreement between said City and the Chamber of Commerce for 9 publicizing and advertising the City of San Bernardino, a copy 10 of which is attached hereto, marked Exhibit "A" and incorporated 11 herein by reference as fully as though set forth at length. 12 I HEREBY CERTIFY that the foregoing resolution was duly 13 14 15 adopted by the Mayor and Common ~ City of San Bernardino meeting thereof, held on the by the following 16 vote, to wit: 17 18 19 20 21 22 23 24 25 26 27 28 Councilmen AYES: NAYS: ABSENT: A~ /~ I~ ,~ C1 Y ert no resolution is day of 1973. t:? F f1 ~ C'" 0 II fi ~ '""- a.... SEP 1;:/ 'l~l~ LUCiLY'GOFORTH, City Clerk (~ //,/ / .' -- \....",."'l - '.........." 1 A G R E E MEN T --------- 2 THIS AGREEMENT, covering operati@ns during the fiscal 3 year 1973-74, is made and entered 4 California, this~~day of 5 between the City of San Bernardino, a municipal corporation, 6 hereinafter referred to as "City", and the San Bernardino 7 Chamber of Commerce, a California corporation, hereinafter 8 referred to as "Contractor". 9 WIT N E SSE T H: 10 WHEREAS, the Mayor and Common Council of the City GfSan 11 Bernardino have found and determined that it will befe]; the 12 convenience, benefit and advantage of the City, andHQflts in- 13 habitants, to employ the Chamber of Commerce for th~~.~ra1 14 purposes of publicizing and advertising the City, 15 NOW, THEREFORE, in consideration of the promises afore- 16 said, all laws governing such matters, and the several and 17 mutual promises and agreements hereinafter contained, the 18 parties hereto do covenant and agree as follows: 19 20 21 22 23 24 25 26 27 28 1. The Chamber of Commerce agrees that it will, during the fiscal year 1973-74 use its best efforts to advertise and publicize the City of San Bernardino, induce immigration and visitation to the City, induce and promote industrial business and residential growth, exhibit manufactured and other products made in and near the said City, advertise and furnish infor- mation to the general public regarding the advantages of said City as a place to live, work and establish industries and businesses, generally aid and promote industrial expansion of .::; ,'>'" said City; cause to be prepared, published and disseminated 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c' bulletins and other advertising matter relating to the foregoing activities, as more specifically defined and set forth in the request for financial assistance attached hereto. 2. In consideration of the services to be performed by the Chamber of Commerce, the City hereby designates the Chamber of Commerce as the official agency of the City for the perfor- mance of such services. 3. Payments. City shall pay Contractor for all publicity and advertising services to be conducted under the provisions of this Agreement the sum of twenty-six thousand five hundred dollars ($26,500.00), in four (4) quarterly installments, due and payable on September 1; December 1; March 1; and June 1. Said sum is intended to assist in defraying the cost of necessary expenses related to said publicity and advertising services, including but not limited to travel and out-of-pocket expenses, rental allowance, office supplies, equipment and materials, telephone and utilities, and any other costs and expenses incurre by Contractor and its employees and agents pursuant to this Agreement. 4. Term. This Agreement shall be effective upon the date of its execution and shall terminate on June 30th of the fiscal year indicated in paragraph number 1 hereof, provided that either party may terminate this Agreement at any time by giving the other party written notice of such termination. In the event Contractor terminates this Agreement, City shall not be obligated to make any payment of monies after the effective date of termination and Contractor shall reimburse city for any unused monies paid by City. -2- . , . I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .-. u -. , -- 5. Relationship of Parties. It is understood that the contractual relationship of the Contractor to the City is that of independent contractor. 6. Hold-Harmless Clause. Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor or by anyone or more persons directly or indirectly employed by, or acting as agent for Contractor. Contractor agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or inequity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. 7. Chamber of Commerce shall submit a Quarterly Activity Report relative to the programs, projects and activities planned and/or conducted by the Chamber -- on September 1, December 1, March 1 and June 1 of the contract year. 8. Contractor shall file an annual budget for the subject fiscal year, in the form and manner prescribed by the City Administrator, detailing all estimated expenditures and all revenues expected to be received, from all sources including the City, during the period of this Agreement. 9. Contractor shall file a complete report and accounting of all expenditures and all revenues received, from all sources including the City, during the term of this Agreement. Said -3- . ' . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o _. '- report shall be filed with the City Administrator prior to June 15th of said fiscal year. 10. Amendment. This Agreement may be amended or modified only by written agreements signed by both parties and failure on the part of either party to enforce any provision of this Agree- ment shall not be construed as a waiver of the right to compel enforcement of such provision or provisions. 11. Assignment. This Agreement shall not be assigned by Contractor without the written consent of City. 12. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid, as follows: City Administrator Ci ty Hall 300 North "D" Street San Bernardino, Ca. 92418 San Bernardino Chamber of Commerce 546 Sixth Street San Bernardino, Ca. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF SAN BERNARDINO ATTEST: /~ :;::./ , ( ,.,JI&).. ~lerk . SAN BERNARDINO CHAMBER OF COMMERCE By 1....",. Appr -4- ... t . o " o CITY ON THE MOVE P. O. BOX 658 . 546 W. 6th STREET' SAN BERNARDINO, CALIF. 92402 . (714) 885-7515 M~. Ma~shall Julian, City Admlnist~ato~ City of San Be~na~dino P. O. Box 1312 San Be~na~dino, Callfo~nia SUBJECT: REQUEST FOR FINANCIAL ASSISTANCE May 7, 1973 . INTRODUCTION: In acco~dance with you~ lette~ of Ap~il 24, 1973, the San Be~na~dlno Chambe~ of Comme~ce is submitting thei~ ~equest fo~ financial assistance fo~ the fiscal yea~ 1973-74. To the extent possible, we have followed the fo~mat as ~ecommended in you~ lette~. In ou~ ca~, we have had to expand it to confonn with ou~ ope~a- tional plans. REQUEST FOR FINANCIAL ASSISTANCE Compa~ative Budgets fo~ 1972-73 and 1973-74 EXPENDITURES Sa I a~ I es Social Secu~lty - P/R Taxes Health Insu~ance, G~oup life & Retl~ement Rent (If In leased qua~te~s) P~operty Taxes (if prope~ty Is owned) Utilities (telephone, elect~ic, gas) Office Expense (postage, supplies, etc.) Confe~ence Expense (t~alnlng & meetings) P~intlng (brochu~es, mai lers) Subsc~iptlons (pe~lodicals, newspapers) Equipment Costs (typew~ite~s, etc.) P~ofesslonal Fees (legal, audit, etc.) T~anspo~tation & Management Expense Capital Imp~ovements (Building, Renovation, etc.) Othe~ Expenses SUBTOTAL SPECIAL PROGRAMS (list) I. ~onventlon Bu~e.u 2. little leaque Qpe~ationai Support . TOTAL Actual P~oposed 1972-73 1973-74 $ 56.466.00 $ 52.100.00 3.145.00 3.800.00 3.259.00 3.390.00 2.25!.00 2.300.00 4.52 .00 4.750.00 7.521 .00 8.200.00 916.00 700.00 6. 54l'00 7.095.00 70 .00 800.00 1.577.00 500.00 1.000.00 1.000.00 4.782.00 4.000.00 920.00 1.500.00 4.368.00 9.~30.00 $ 97,984.00 $ 99, 65.00 $ 1.578.00 $ 40.000.00 4.000.00 $ 99,562.00 $143,865.00 "BASE LINE OF PROGRESS.. , . ., o o Mr. Marshall Julian City Administrator -2- May 7, 1973 SOURCES OF REVENUE (list all) Dues Fees & Charges A.U.F. City Contribution County Other Governmental Agencies - Consortium Other Sources (list) I. Rental Apartments 2. Miscellaneous 3. Sponsor Activities etc. TOTAL ~ REVENUE $ 65.884.00 2.700.00 26.500.00 4.650.00 1.200.00 2.605.00 682.00 $104,221.00 $ 63.200.00 2.700.00 70.500.00 250.00 !375.00 1.700.00 300.00 $139,525.00 Chairman/President Address Telephone Executive Officer Address Telephone VERNE POTTER. JR. Santa Fe Federal. 701 North "E" Street 889-0231 WILLIAM D. GREEN ~46 West Sixth Street. P. O. Box 658 85-7515 SPECIAL PROGRAMS. . . . 1972-73 The Purpose of the Chamber of Commerce Is to promote the commercial, industrial, and civic welfare of all the people of the c~~unity of San Bernardino by spon- soring and encouraging the production and distribution of more goods and more services for more people, by the creation of more jobs for workers, and by enhancing the productivity and conservation of community resources, and to advertise and publicize the City of San Bernardino, Induce immigration and visitation to the City, induce and promote industrial, business and residential growth, exhibit manufactured and other products made in and near the City, advertise and furnish information to the general public regarding the advantages of the City as the place to live and work. SPECIAL PROGRAMS. . . . 1973-74 During 1973-74, the Chamber of Commerce will continue to sponsor and encourage the production and distribution of more goods and more services for more people by the creation of more jobs for workers, and by enhancing the productivity and the conservation of the community resources, and to advertise and publicize the City of San Bernardino, induce immigration and visitation to the City, induce and promote industrial, business and residential growth, exhibit manufactured and other products made in and near the City, advertise and furnish information to the public regarding the advantages of the City as the place to live and work. And, in addition, we wish to Initiate and accelerate the following: . ~ . 4 o o . . Hr. Harshall Julian - 3 - Hay 7, 1973 To expand the CONVENTION BUREAU to further Induce tourism and conventions under a $40,000.00 budget as enumerated on the attached Initial Budget. To provide operational support and administrative surveillance to further pro- mote the Western Regional Little League Tournament for an estimated $4,000.00. SOURCES OF REVENUE The sources of revenue for the expanded program for the fiscal year 1973-74, i.e., $40,000.00 for the CONVENTION BUREAU, and $4,000.00 for the support of the WESTERN REGIONAL LITTLE LEAGUE TOURNAMENT must be funded by the City from the Transient Occupancy Tax. Sincerely, VERNE POTTER, JR. - PRESIDENT SAN BERNARDINO CHAMBER OF COMMERCE VP/WDG/t (WDG/le:7-9-73)