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HomeMy WebLinkAbout12798 20 21 22 23 24 25 26 27 28 r. , 1 RESOLUTION NO. /.~7/,f RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO CHAMBER OF COMMERCE PROVIDING FOR FINANCIAL ASSISTANCE TO SAID CHAMBER OF COMMERCE FOR PUBLICIZING, ADVERTISING AND PROMOTING THE CITY OF SAN BERNARDINO AS AN ALL AMERICA CITY. 2 3 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Mayor of the City of San Bernardino is authorized and directed to execute on behalf of said City an 8 9 10 agreement with San Bernardino Chamber of Commerce providing for financial assistance to said Chamber of Commerce for publicizing, 11 advertising and promoting the City of San Bernardino as an All America City, a copy of which is attached hereto, marked Exhibit "I" and incorporated herein by reference as fully as 12 13 14 though set forth at length. I HEREBY CERTIFY that the foregoing resoiution was duly adopted by the Mayor a~d Common Council of the City of San Bernardino at ~d'-1I~~/-,;--/../) ~A"tI..~eeting thereof, held on the ~~ day ~ ~. , 1977, by the following vote, to wit: 15 16 17 18 19 AYES: Councilmen NAYS: ABSENT: The ~-~11i#~ foregoing resolution is hereby appro this "2~y6 -1l" day of MaO ~~ C1ty A torney ~",,- f"~';/' ~,'to.~~ . ~ .... .:a:~~j;l ~-" . . "" . ""'"'"" ." ~-'-';!; ~' ;1,.,,} ~,,;-~;:~.. ' 22 23 24 25 26 27 28 I: : ~. 1 AG~EEMENT (All America City) 2 3 THIS AGREEMENT is made and California, this ~~JJ day of entered into at San Bernardino, ~z: ' 1977, by and a mun cipal corporation, 4 5 6 between the CITY OF SAN BERNARDINO, hereinafter referred to as "City", and the SAN BERNARDINO CHAMBER 7 OF COMMERCE, a California corporation, hereinafter referred to as 8 "Chamber" . 9 WI!. N ! 2. S ! T H: WHEREAS, the City of San Bernardino has achieved a very high honor in being selected as an All America City; and WHEREAS, in order to realize the maximum benefit of this 10 11 12 13 award, it is necessary that it be given as much publicity and 14 exposure as possible; and 15 WHEREAS, it is necessary to program long-range projects 16 17 18 19 which wilL serve as year-long reminders that San Bernardino is an All America City; and WHEREAS, Chamber has developed a first-phase program which will require City assistance in the amount of approximately 20 21 $15,000; and WHEREAS, 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 assist the Chamber in publicizing and promoting the City of San Bernardino as an All America City, NOW, THEREFORE, in consideration of the promises aforesaid, all laws governing such matters, and the seve.:!S,?~ .~C! mutual promis s and agreements hereinafter contained, the parties hereto do .~~ . ~~~:.~ --~-~ '?:.~.;.~'- ,.~-~:;~~, -' -~. ~...... . ~;.;., ',. 1 covenant and agree as follows: ; , , 1. Promotion. The Chamber agrees that it will use its ! I best efforts to advertise and publicize the City of San Bernardino: I as an All America City by appropriate visual displays as more 2 3 4 5 6 specifically defined and set forth in the request for financial assistance attached hereto, marked Exhibit "A" and incorporated herein. 7 8 2. Payments. City shall pay Chamber, for all publicity 9 and advertising services to be conducted under the provisions of 10 this agreement, the total sum of fifteen thousand dollars 11 ($15,000.00) to be paid on or before June 15, 1977. Said funds 12 paid by City to Chamber shall only be used for the purposes and 13 items as set forth on Exhibit "A" attached hereto. In the event 14 any of said sums are not fully expended for the purposes set 15 forth on said Exhibit, then Chamber shall forthwith refund to 16 City any and all of said unexpended funds. 17 3. Relationship of Parties. It is understood that the 18 contractual relationship of Chamber to the City is that of 19 independent contractor. 20 4. Expenditures - Report and Accounting. Chamber shall 21 file a report indicating the projects accomplished under the 22 program and an accounting of all expenditures and all revenues 23 received, from all sources including the City, relative to 24 the projects outlined in Exhibit "A". Said report shall be filed 25 with the City Administrator on or before July 31, 1977. 26 5. Hold Harmless Clause. Chamber hereby agrees to, and 27 shall, hold City, its elective and appointive boards, commissions, 28 officers, agents and employees, harmless from any liability for -2- !l :1, 1 damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Chamber's operations under this agreement, whether such operation [I be by Chamber or by anyone or more persons directly or ,I ,I indirectly employed by, or acting as agent for Chamber. Chamber q I II agrees to, and shall, defend City and its elective and appointive p boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. 6. Alnendment. 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 . agreement shall not be construed as a waiver Q~ the right to compel enforcement of such provision or provisions. 7. Assignment. This agreement shall not be assigned by Chamber without the written consent of City. 8. Notices. All notices herein required shall be in writing, and delivered in person or sent by certified mail, 2 3 4 5 6 7 8 Ii i! , 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 postage prepaid, addressed as follows: City Administrator City Hall 300 North "D" Street San Bernardino, CA 92418 San Bernardino Chamber of Commerce 546 Sixth Street San Bernardino, CA 92402 IN WITNESS WHEREOF, the parties hereto have executed this . . . . . . . . . . -3- I 1-, I 1 agreement on the day and year first above written. 2 3 CITY OF ATTEST: 4 5 6 7 8 I' ~~,,~ Ii 1- !I !i " :i II BY~~ WILLIAM D. GREEN Executive Vice President SAN BERNARDINO CHAMBER OF COMMERCE 9 10 11 12 to form: 13 FILED MAY 2' 7 'S17 lUCtLlE GOFORTH, City CIerII .. '~1. '17J ~ Q ..JL-'"'WUII' c:7 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- - . . ALL-Al1ERICA CITY COMMITTEE P. O. Box 658 San Bernardino, Calif., 92402 !1ay 9, 1977 The Honorable W. R. "Bob" Holcomb and !1embers of the Common Council City of San Bernardino 300 North D Street San Bernardino, California 92418 Gentlemen: .' . . The All-America City Award Committee requests support from the city, as part of our partnership arrangement, in capitalizing on the distinction of being named an All-America City. The fund of $15,000 is requested to provide to the citizens of our city and tourists that we are an All-America City by appropriate visual displays. a. Outdoor advertising (billboards): 1. Waterman, north of Mill, 12x24 painted and lighted sign. Per annum rental. 2. Foothill Blvd at Rialto Bench, 12x24 painted and lighted sign. Per annum rental. 3. Interstate 10 at Brookside (Calimesa), 12x24 painted and lighted sign. Per annum rental. 4. Interstate 15 north of town at Culligan site, 8x30 painted and lighted sign. 5. Interstate 15 south of town, below Oldsmobile site, 8x30 painted and lighted sign. b. Street banners (4'x30'): 1. East Highland (Perris Hill Park area) 2. North E at Pioneer Park 3. North Mt. Vernon 4. West Highland 5. Bridge at Central City EXHIBIT "A" $ 1.380. 1,380. 2,400. 3.494. 3,294. 1,922. . , . . .' .- -2- c. Flags: 1. Double sided at City Hall 2. Single sided for distribution to Senior Citizens, Operation Second Chance and Little League, Mayor's Office, Council Chamber, etc. Total Request , J' . $ 159. 666. $14,695. LOWELL V. TRASK, Co-Chairman All-America City Committee