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RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGRE~T WITH THE SAN BERNARDINO MEXICAN CHAMBER
3 OF COMMERCE FOR PUBLICIZING AND ADVERTISING THE CITY OF SAN
BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said
8 City an agreement with the San Bernardino Mexican Chamber of
9 Commerce for publicizing and advertising the City of San
10 Bernardino, a copy of which is attached hereto, marked Exhibit
11 "A" and incorporated herein by reference as fully as though set
12 forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
JYtf day of
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AYES:
eting thereof, held on the
, 977, by the following vote, to wit
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hereby approved this q:!!
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NAYS:
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ABSENT:
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The foregoing resolution is
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day of
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AGREEMENT
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(San Bernardino Mexican Chamber of Commerce)
THIS AGREEMENT, covering operations during the fiscal year
1977-1978, is made and entered into at San Bernardino, California
this q'li day of /Lir.-d/ ,- Z;-, 1977 , by and between the CITY
,
OF SAN BERNARDINO, a unicipal corporation, hereinafter referred
to as "City", and the SAN BERNARDINO MEXICAN CHAMBER OF COMMERCE,
a non-profit corporation, hereinafter referred to as "Contractor"
WIT N E SSE T H:
WHEREAS, the Mayor and COllUllon Council of the City of San
Bernardino have found and determined that it will be for the
convenience, benefit and advantage of the City, end of its
inhabitants, to employ the Mexican Chamber of Commerce for the
general purposes of publicizing and advertising the City,
NOW, THEREFORE, in consideration of the promises aforesaid
all laws governing such matters, and the several and mutual
promises and agreements hereinafter contained, the parties hereto
do covenant and agree as follows:
1. Promotion. The Contractor agrees that it will, during
the fiscal year covered by this agreement, use its best efforts
to advertise and publicize the City of San Bernardino, induce
iIlUlIigration and visitation to the City, induce and promote indus-
trial business and residential growth, exhibi. manufactured and
other products made in and near the said City, advertise and
furnish information to the general public regarding the
advantages of said City as a place to live,'work5nd establish
industries and businesses, generally aid and promote industrial
expansion of said City, cause to be prepared, published and
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1 disseminated bulletins and other advertising matter relating to
2 the foregoing activities.
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2. Contractor - Official Agency. In consideration of the
4 services to be performed hereunder, the City hereby designates
S the Contractor as the official agency of the City for the
6 performance of such services.
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3. Payments. City shall pay Contractor for all publicity
8 and advertising services to be conducted under the provisions of
9 this agreement the sum of five thousand five hundred dollars
10 ($5,500.00), payable in such amounts and at such times prior to
11 June 30, 1978 as may be approved by the Director of Finance.
12 Said sum is intended to assist in defraying the cost of necessary
13 expenses related to providing said publicity and advertising
14 services, including, but not limited to, travel and out-of~pocket
15 expenses, rental allowance, office supplies, equipment and
16 materials, telephone and utilities, and such other reasonable
17 and necessary expenses as may be incurred by the Contractor and
18 its employees and agents, pursuant to this agreement.
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4. Term. Contractor shall provide such services for the
period commencing July 1, 1977 and terminating June 30, 1978,
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.
5. Relationship of Parties. It is understood that the
contractual relationship of the Contractor to the City is that
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1 of independent contractor.
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6. Hold Harmless Clause. Contractor hereby agrees to, an
3 shall, hold City, its elective and appointive boards, commissions
4 officers, agents and employees harmless from any liability for
5 damage or claims for damage, including all claims for personal
, injury, including death, claims for property damage, and any
7 and all other claims or liability which may arise from
8 Contractor's operations under this agreement, whether such
9 operations be by Contractor or by anyone or more persons directl
10 or indirectly employed by, or acting as agent for Contractor.
11 Contractor agrees to, and shall, defend City and its elective
12 and appointive boards, commissions, officers, agents and
13 employees from any suits or actions at law or in equity for
14 damages caused, or alleged to have been caused, by reason of
15 any of Contractor's operations hereunder.
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7. Annual Budget. 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.
8. Expenditures - Report and Accounting. Contractor shal
file a complete report and accounting of all expenditures and
all revenues received, from all sources including the City, durin
the term of this agreement. Said report shall be filed with the
City Administrator prior to June 15, 1978. Contractor shall
also submit a Quarterly Activity Report relative to the programs,
projects and activities planned and/or conducted during the
fiscal year, on September 1, December 1, March 1 and June 1.
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1 In the event City determines any report or accounting to be
2 unsatisfactory, City may terminate this agreement forthwith
3 and be under no further obligation to Contractor.
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9. Amendment. This agreement may be amended or modified
S only by written agreement signed by both parties and failure on
6 the part of either party to enforce any provision of this
7 agreement shall not be construed as a waiver of the right to
8 compel enforcement of any provision or provisions.
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10. Assignment. This agreement shall not be assigned by
10 Contractor without the written consent of City.
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11. Notice. All notices herein required shall be in
12 writing and delivered in person or sent by certified mail,
13 postage prepaid, as follows:
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City Administrator
City Hall
300 North "D" Street
San Bernardino, CA 92418
San Bernardino Mexican
Chamber of Commerce
972 N. Mt. Vernon Avenue
San Bernardino, CA
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
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SAN BERNARDINO
19 ATTEST:
By
Tempore
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Pres
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