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Home My WebLink About1979-361 ii 1 i RESOLUTION NO. J9 :~~I~ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZIivG THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO MEXICAN CHAMBER OF 3 COMMERCE RELATING TO FUNDING FOR AllVERTISING AND PUBLICIZING CITY, 4 ! BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY ~ ~OF SAN BERNARDINO AS FOLLOWS: 5 ~ SECTION 1. The Mayor of the City of San Bernardino is 6 ! (hereby authorized and directed to execute on behalf of said City 7 8 an Agreement with San Bernardino Mexican Chamber of Commerce (relating to funding for advertising and publicizing City, a copy i 9 10 ~'of which is attached hereto, marked Exhibit "A" and incorporated ~ i 11 I~herein by reference as fully as though set forth at length. t2 ~ I HEREBY CERTIFY that the foregoing resolution was duly 03 I~adopted by the Mayor and Common Council of the City of San I 14 ~ Bernardino at arr~; ,,,,,,,/J meeting thereof , held l5 on the ~ day of ~3~~~% 1979, by the following 16 vote, to wit: 17 AYES: Councilmen ,~Q~x/e~~~z ~yy2n ~ % l8 r~~Rfii%?d42'7 A~c,~e~ Q 19 NAYS : ~~LiTILn p~Zi~~.Q 20 ABSENT: .~OdY~~z1JL'iyJn~~.~!~`~/U 21 22 City Cler 23 The foregoing resolution is hereby approved thi F-^ day 24 f ~~~ia~j4 19 7 9 . 25 r i o San rnar ino 26 pproved as to form: 27 28 City At orney I 1 A_ G R E_ E_ M_ E_ N_ T_ 2 (5 an Bernardino Mexican Chamber o£ Commerce) I 3 ~ THIS AGREEMENT, covering operations during the fiscal I a ! year 1979-1980, is made and entered into at San Bernardino, 5 California, thisv?~day of ~,,o~ , 1979, by and ,i 6 between the CITY OF SAN BERNARDINO, a municipal corporation, ~ hereinafter referred to ds "City", and the SAN BERNARDINO MEXICAN g CHAMBER OF COMMERCE, a non-profit corporation, hereinafter 'i referred to as "Contractor". 9 10 W I T N E S S E T H: it , WHEREAS, the Mayor and Common Council of the City of San i i 12 ~ Bernardino have found and determined that it will be for the I I t3 I convenience, benefit and advantage of the City, and of its i l4 inhabitants, to employ the Mexican Chamber of Commerce for the t5 ~ general purposes of publicizing and advertising the City, t6 ~ NOW, THEREFORE, in consideration of the promises afore- 17 said, all laws governing such matters, and the. several and mutual III 18 promisee and agreements hereinafter contained, the parties hereto 19 do covenant and agree as follows: 20 1. Promotion. The Contractor agrees that it will, during) 21 the fiscal year covered by this agreement, use its best efforts 22 to advertise and publicize the City of San Bernardino, induce 23 immigration and visitation to the City, induce and promote indus- 24 ~ trial business and residential growth, exhibit manufactured and 25 other products made in and near the said City, advertise and i 26 ~ furnish information to the general public regarding the advantages 27 of said City as a place to live, work and establish industries Zg and businesses, generally aid and promote industrial expansion i ~ ~ of said City, cause to be prepared, published and disseminated I 2 ~ bulletins and other advertising matter relating to the foregoing 3 activities. 4 2. Contractor - Official Agencv. In consideration of S the services to be performed hereunder, the City hereby designate 6 the Contractor as the official agency of the City for the. 7 performance of such services. 8 3. P,avments. City shall pay Contractor for all publicity 9 and advertising services to be conducted under the provisions of t0 this agreement the sum of Eight Thousand Dollars ($8,000..00), 1] payable in such amounts and at such times prior to June 30, 1980, 12 as may be approved by the Director of Finance. Said sum is i3 intended to assist in defraying the cost of necessary expenses Iq related to providing said publicity and advertising services, IS including, but not .limited to, travel and out-of-pocket expenses, 16 rental allowance, office supplies, equipment .and materials, t7 telephone and utilities, and Such other reasonable and necessary l8 expenses as may be incurred by the Contractor and its employees 19 and agents., pursuant to this agreement. 20 4. Term. Contractor shall provide such .services for the 21 period commencing July 1, 1979, and terminating June 30, 1980, 22 provided that either party may terminate the agreement at any 23 time by giving the other party written notice of such termination. In the event either party terminates this agreement, City shall 24 not be obligated to make any payment of monies after the 25 effective date of termination and Contractor shall reimburse 26 City for any unused monies paid by City. 27 5. Relationship of Parties. It is understood that the 28 -2- i~ i i t contractual relationship of the Contractor to the City is that of 2 independent contractor. 3 i 6. Hold Harmless Clause. Contractor hereby agrees to 4 it and shall, hold City, its elective and appointive boards, commis- 5 ~I sions, officers, agents and employees harmless from any liability I. 6 'for damage or claims for damage, including all claims for personal ~ !I' injury, including death, claims for property damage, and any ~ 8 I and all other claims or liability which may arise from Contractor's 9 operations under this agreement, whether Such operations be by t0 !II Contractor or by any one or more persons directly or indirectly tt employed by, or acting as agent for Contractor. Contractor agrees t2 ~ to, and shall, defend City and its elective and appointive boards, t3 ~~I commissions, officers, agents and employees from any suits or to actions at law or in equity for damages caused, or alleged to i LS ~ have been caused, by reason of any of Contractor's operations t6 hereunder. i 17 7. Annual Budget. Contractor shall file an annual budge t8 for the subject fiscal year, in the form and manner prescribed t9 by the City Administrator, detailing all estimated expenditures 20 and all revenues expected to be received, from all sources 21 including the City, during the. period of this agreement. 22 8, Expenditures - Report and Accounting. Contractor 23 shall file a complete report and accounting of all expenditures 2q and all revenues received, from all sources including the City, 25 during the term of this agreement. Said report shall be filed 26 with the City Administrator prior to June 15, 1980. Contractor 27 shall also submit a Quarterly Activity Report relative to the 28 programs, activities and projects planned and/or conducted during - 3- i 1 the fiscal year, on September 1, December 1, March 1 and June 1. i 2 In the event City determines any report or accounting to be 3 i unsatisfactory, City may terminate this agreement forthwith and I a be under no further obligation to Contractor. ~ I 5 9. Amendment. This agreement may be amended or modified ~ 6 only by written agreement signed by both parties and failure on 7 the part of either party to enforce any provision of this 8 ~I agreement shall not be construed as a waiver of the. right to 9 li compel enforcement of any provision or provisions. 10 10. Assignment, This agreement shall not be assigned by t~ Contractor without the written consent of City, t2 11. Notice. All notices herein required shall be in r3 writing and delivered in person or sent by first class mail, to Postage prepaid, addressed as follows: t5 City Administrator San Bernardino Mexican City Hall Chamber of Commerce 16 300. North "D" Street 972 N. Mt, Vernon Avenue San Bernardino, CA 92418 San Bernardino, CA t7 18 IN WITNESS WHEREOF, the parties hereto have executed tflis i9 agreement on the date first hereinabove written. 20 CITY OF SAN BERN RDINO ATTEST: 21 22 o zty Cler 23 SAN BERN RDINO XICAN CHAMBER OF COMMERCE 24 25 B/~~rq~Z~ nt 26 Approved as to form: 27 l~7i~ifAG 28 City Attorney -4-