HomeMy WebLinkAbout1987-033
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1 RESOLUTION NO. 87-33
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC
3 CHAMBER OF COMMERCE RELATING TO FUNDING FOR PROMOTING AND
PUBLICIZING THE CITY, EFFECTIVE JULY 1, 1986.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said
9 City an Agreement effective July 1, 1986, with Inland Empire
10 Hispanic Chamber of Commerce relating to funding for promoting
11 and publicizing the City, a copy of which is attached hereto,
12 marked Exhibit "A" and incorporated herein by reference as
13 fully as though set forth at length.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a
regular
meeting thereof, held on
17 the 2nd
, 1987, by the following
day of
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18 vote, to wit:
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AYES:
Council Members
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ABSENT:
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"City Clerk
2/2/87
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The foregoing resolution is hereby approved this 1/c~ day
, 1987. (-) /~ / J"//
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Mayor of tHe Clty Of San Ber~ardlno
of
Februarv
Approved as to form:
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ci ty ~l torney
2/2/87
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A G R E E MEN T
(Promotion and Publicity)
THIS AGREEMENT, covering operations during the fiscal
year 1986-1987, is entered into at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and the INLAND EMPIRE HISPANIC CHAMBER
OF COMMERCE, a nonprofit corporation, referred to as
"Contractor", and is effective as of July 1, 1986.
City and Contractor agree as follows:
1. Recitals. The Mayor and Common Council of the City
of San Bernardino have found and determined that it will be
for the convenience, benefit and advantage of the City, and of
its inhabitants, to retain the services of Contractor for the
general purposes of publicizing and advertising the City.
2. Promotion. The Contractor agrees that it will,
during the fiscal year covered by this agreement, use its best
efforts to promote and publicize the City of San Bernardino,
induce immigration and visitation to the City of San
Bernardino, 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 City as a
place to live, work and establish industries and businesses,
and in general to aid and promote industrial expansion of
City, and cause to be prepared, published and disseminated
bulletins and other advertising matter relating to the
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foregoing activities.
3. Contractor - Official Aqencv. In consideration of
the services to be performed hereunder, the City hereby
designates the Contractor as the official agency of the City
for the performance of such services.
4. Payments. City shall pay Contractor for all
publicity and advertising services to be conducted under the
provisions of this agreement the sum of fifty-five
hundred ($5,500.00 ),
payable in such amounts and at such times prior to June 30,
1987, as may be approved by the Director of Finance. Said
money shall be used solely for expenses incurred in promoting
and publicizing the City, together with the necessary
supplies, rental and overhead costs involved.
5. Term. Contractor shall provide such services for
the period commencing July 1, 1986, and terminating June 30,
1987; provided that either party may terminate the agreement
at any time by giving the other party written notice of such
termination. In the event either party 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.
6. Relationship of Parties. Contractor is acting as an
independent contractor, and not as an employee of City. In
the performance of personal services pursuant to the
provisions of this agreement, Contractor shall not be
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supervised, directed, or under the control or authority of any
City officer or employee, except and to the extent as may be
expressly or implicitly required by the terms and provisions
of this agreement. Any direction or control so required under
this agreement shall be limited to broad objectives or goals
of the project or program to be accomplished and not to the
details and procedures to accomplish such objectives or goals.
Contractor shall not be obligated to conform to the
supervision or direction of City officers or employees which
are not authorized herein. Changes or modifications of said
objectives and goals may be made by written recommendations of
either party subject to the concurrence of the other party in
writing.
7. Hold Harmless. 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, including all
claims for personal injury, including death, claims for
property damage, and any and all other claims or liability
which may arise from Contractor's operations under this
agreement, whether such operations be by Contractor or by any
one 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 in equity for damages caused, or alleged to
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have been caused, by reason of any of Contractor's operations
1 hereunder.
2 8. Annual Report. Contractor shall submit an annual
3 report relative to its general activities in promoting and
4 publicizing the City, with a detailed report concerning the
5 costs incurred in connection therewith.
6 9. Annual Budqet. Contractor shall file an annual
7 budget for the subject fiscal year, in the form and manner
8 prescribed by the City Administrator, detailing all estimated
9 expenditures and all revenues expected to be received, from
10 all sources, including the city, during the period of this
11 agreement.
12 10. Exoenditures - Reoort and Accounting. Contractor
13 shall file a complete report and accounting of all
14 expenditures and all revenues received, from all sources,
15 including the City, during the term of this agreement. Said
16 report shall be filed with the City Administrator prior to
17 June 15, 1987.
18 11. Amendment. This agreement may be amended or
19 modified only by written agreement signed by both parties and
20 failure on the part of either party to enforce any provision
21 of this agreement shall not be construed as a waiver of the
22 right to compel enforcement of any provision or provisions.
23 12. Assiqnment. This agreement shall not be assigned by
24 Contractor without the prior written consent of the city.
25 13. Notices. All notices herein required shall be in
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1 writing and delivered in person or sent by certified mail,
2 postage prepaid, addressed as follows:
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City Administrator
City Hall
300 North "0" street
San Bernardino, CA 92418
DATED: ~l~ L7; 19'f'/
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ATTEST:
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City Clerk
Approved as to form:
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City Attorney
2/2/87
Inland Empire Hispanic
Chamber of Commerce
972 North Mt Vernon Avenue
San Bernardino, CA 92411
CITY OF SAN BERNARDINO
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INLAND EMPIRE HISPANIC
CHAMBER OF COMMERCE
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