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RESOLUTION NO. /..2..s17S3
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO MEXICAN CHAMBER
OF COMMERCE FOR PUBLICIZING AND ADVERTISING THE CITY OF SAN
3 BERNARDINO.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
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City an agreement with the San Bernardino Mexican Chamber of
Commerce for publicizing and advertiSing the City of San Bernar-
dino, a copy of which is attached hereto, marked Exhibit "An and
incorporated herein by reference as fully as though set forth
at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Bernar-
te, to wit:
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of ~ Stt,
,;;::,:~~(t,y ~~,
rE:: ~, ';0:44, .~~~_~
ino at a
t:vA .
n the - day
meeting thereof, held
, 1976, by the following
AYES:
NAYS:
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ABSENT:
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c:-?f;::c1tt "r;f1r~
hereby approved t j7-zP~
The
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day of
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>!'! "1 ,) F~7o
,10L ,oJ;:;
LUCILLE GOFORTH, C~ Cler~
.y.~.:_.~~."urt
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AGREEMENT
THIS AGREEMENT, covering operations during the fiscal year
1976-1977, is made and entered into at San Bernardino, California
this J~'/4 day of c9zd7 , 1976, by and between the CITY
OF SAN BEaNARDINO, a municipal corporation, hereinafter referred
6 to as "City", and the SAN BEaNARDINO MEXICAN CHAMBER OF COMMERCE,
7 a nonprofit corporation, hereinafter referred to as "Contractor".
8 WIT N E SSE T H:
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9 WHEREAS, the Mayor and Common Council of the City of San
10 Bernardino have found and determined that it will be for the
11 convenience, benefit and advantage of the City, and of its
12 inhabitants, to employ the Mexican Chamber of Commerce for the
13 . general purposes of publicizing and advertising the City,
14 NOW, THEREFORE, in consideration of the promises aforesaid,
15 all laws governing such matters, and the several and mutual
16 promises and agreements hereinafter contained, the parties hereto
17 do covenant and agree as follows:
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1. Promotion. The Contractor agrees that it will, during
19 the fiscal year covered by this agreement, use its best efforts
20 to advertise and publicize the City of San Bernardino, induce
21 immigration and visitation to the City, induce and promote indus-
22 trial business and residential growth, exhibit manufactured and
2;1 other products made in andl"near the said City, advertise and
24 furnish information to the general public regarding the advantage
25 of said City as a place to live, work and establish industries
26 and businesses, generally aid and promote industrial expansion of
27 said City, cause to be prepared, published and disseminated
28 bulletins and other advertising matter relating to the foregoing
1 activities.
2 2. Contractor - Official Agency. In consideration of the
3 services to be performed hereunder, the City hereby designates
4 the Contractor as the official agency of the City for the perfor-
5 mance of such services.
6 3. Payments. City shall pay Contractor for all publicity
7 and advertising services to be conducted under the provisions of
8 this agreement the sum of five thousand five hundred dollars
9 ($5,500.00) payable in such amounts and at such times prior to
10 June 30, 1977 as may be approved by the Director of Finance.
11 Said sum is intended to assist in defraying the cost of necessary
12 expenses related to providing said publicity and advertising
13 services, including but not limited to travel and out-of-pocket
14 expenses, rental allowance, office supplies, equipment and
15 materials, telephone and utilities, and such other reasonable
16 and necessary expenses as may be incurred by the Contractor and
17 its employees and agents, pursuant to this agreement.
18 4. Term. This agreement shall be effective upon the date
19 of its execution and shall terminate on June 30th of the fiscal
20 year covered by this agreement, pr;ov.l:ded. that either party may
21 tenninate the agreement at any time by giving the other party
22 written notice of such termination, In the event either party
23 tenninates this agreement, City shall not be obligated to make
24 any payment of monies after the effective date of tennination
25 and Contractor shall reimburse City for any unused monies paid
26 by City.
27 5. Relationship of Parties. It is understood that the
28 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, and
3 shall, hold City, its elective and appointive boards, commissionsl,
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4 officers, agents and employees harmless from any liability for
5 damage or claims for damage for personal injury, including
6 death, as well as from claims for property damage which may arise
7 from Contractor's operations under this agreement, whether such
8 operations be by Contractor or by anyone or more persons directl
9 or indirectly employed by, or acting as agent for Contractor.
10 Contractor agrees to, and shall, defend City and its elective
11 and appointive boards, commissions, officers, agents and employ-
12 ees from any suits or actions at law or in equity for damages
13 caused, or alleged to have been caused, by reason of any of the
14 aforesaid operations.
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7. Annual Budget. Contractor shall file an annual budget
16 for the subject fiscal year, in the form and manner prescribed
17 by the City Administrator, detailing all estimated expenditures
18 and all revenues expected to be received, from all sources inclu-
19 ding the City, during the period of this agreement.
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8. Expenditures - Report and Accounting. Contractor shall
21 file a complete. report and accounting of all expenditures and all
22 revenues received, from all sources including the City, during
23 the term of this agreement. Said report shall be filed with the
24 City Administrator prior to June 15th of said fiscal year. Con-
25 tractor shall also submit a Quarterly Activity Report relative
26 to the programs, projects and activities planned and/or conducted
27 during the fiscal year, on September 1, December 1, March 1 and
28 June 1. .In the event City determines any report or accounting
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1 to be unsatisfactory, City may terminate this agreement forthwith
2 and be under no further obligation to Contractor.
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9. Amendment. This agreement may be amended or modified
4 only by written ~greement signed by both parties and failu~e on
5 the part of either party to enforce any provision of this
6 agreement shall not be construed as a waiver of the right to
7 compel enforcement of such provision or provisions~
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10. Assignment. This agreement shall not be assigned by
9 Contractor without the written consent of City.
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11. Notice. All notices herein required shall be in
11 writing and delivered in person or sent by registered mail,
12 postage prepaid, as follows:
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City Administrator
City Hall
300 North "0" Street
San Bernardino, California
San Bernardino Mexican
Chamber of Commerce
972 North Mt. Vernon Avenue
San Bernardino, California
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 agreement the day and year first above written.
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ATTEST:
18 CITY OF SAN
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SAN BERNARDINO MEXICAN
C~ER OF OMMERCE
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