HomeMy WebLinkAbout1983-291 i
1 RESOLUTION NO. 83--291
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO MEXICAN CHAMBER
3 OF COMMERCE RELATING TO FUNDING FOR PROMOTING AND PUBLICIZING THE
CITY FOR THE 1983-1984 FISCAL YEAR.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 agreement with the San Bernardino Mexican Chamber of Commerce
9 relating to funding for promoting and publicizing the City for the
10 1983-1984 fiscal year, a copy of which is attached hereto , marked
11 Exhibit "A" and incorporated herein by reference as fully as
12 though set 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
15 Bernardino at a regular meeting thereof, held
16 on the 6th day of September 1983 , by the following
17 vote, to wit:
18 AYES: Council Members Reilly, Hernandez, Marks,
19 OuielF Frazier, Strickler
20 NAYS: None
21 ABSENT: Councilman Castant-da
22
23 City Clerk
24 The foregoing resolution is hereby approv his day
25 of September , 1983 .
26 Approved as to form: Mayor o '11ht City,,Pf San Bernardino
27
28 City Attorney
1 A G R E E M E N T
2 (Promotion and Publicity)
3 THIS AGREEb'iENT, covering operations during the fiscal year
4 1983-1934 , is entered into at San Bernardino, California , between
5 the CITY OF SAN BERNARDINO, a municipal corporation, referred to
6 as "City" , and the SAN BERNARDINO MEXICAN CHAMBER OF COPNIMERCE, a
7 nonprofit corporation, referred to as "Contractor" .
8 City and Contractor agree as follows :
9 1. Recitals . The Mayor and Common Council of the City of
10 San 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 retain the services of Contractor for the general
13 purposes of publicizing and advertising the City.
14 2. Promotion. The Contractor agrees that it will , during
15 the fiscal year covered by this agreement , use its best efforts to
16 promote and publicize the City of San Bernardino, induce
17 immigration and visitation to the City, induce and promote
18 industrial, business and residential growth, exhibit manufactured
19 and other products made in and near the City, advertise and
20 furnish information to the general public regarding the advantages
21 of City as a place to live, work and establish industries and
22 businesses , generally aid and promote industrial expansion of
23 City, cause to be prepared , published and disseminated bulletins
24 and other advertising matter relating to the foregoing activities .
25 3 . Contractor - Official Agency. In consideration of the
26 services to be performed hereunder, the City hereby designates the
27 Contractor as the official agency of the City for the performance
28 of such services .
i
1 4. Payments . City shall pay Contractor for all publicity
2 and advertising services to be conducted under the provisions of
3 this agreement the sum of FIVE THOUSAND DOLLARS ( $5, 000 . 00 ) ,
4 payable in such amounts and at such times prior to June 30 , 1984 ,
5 as may be approved by the Director of Finance . Said money shall
6 be used solely for expenses incurred in promoting and publicizing
7 the City, together with the necessary supplies , rental and
8 overhead costs involved .
9 5. Term. Contractor shall provide such services for the
10 period commencing July 1, 1983 , and terminating June 30 , 1984;
11 Provided that either party may terminate the agreement at any time
12 by giving the other party written notice of such termination . In
13 the event either party terminates this agreement, City shall not
14 be obligated to make any payment of monies after the effective
15 date of termination and Contractor shall reimburse City for any
16 unused monies paid by City.
17 6 . Relationship of Parties . Contractor is acting as an
18 independent contractor, and not as an employee of City. In the
19 performance of personal services pursuant to the provisions of
20 this agreement, Contractor shall not be supervised , directed , or
21 under the control or authority of any City officer or employee ,
22 except and to the extent as may be expressly or implicitly
23 required by the terms and provisions of this agreement. Any
24 direction or control so required under this agreement shall be
25 limited to broad objectives or goals of the project or program to
26 be accomplished and not to the details and procedures to
27 accomplish such objectives or goals . Contractor shall riot be
28 obligated to conform to the supervision or direction of City
-2-
I officers or employees which are not authorized herein. Changes or
2 modifications of said objectives and goals may be made by written
3 recommendations of either party subject to the concurrence of the
4 other party in writing .
5 7. Hold Harmless. Contractor hereby agrees to, and shall ,
6 hold City, its elective and appointive boards, commissions ,
7 officers , agents and employees harmless from any liability for
8 damage or claims for damage, including all claims for personal
9 injury, including death , claims for property damage, and any and
10 all other claims or liability which may arise from Contractor' s
11 operations under this agreement, whether such operations be by
12 Contractor or by any one or more persons directly or indirectly
13 employed by, or acting as agent for Contractor. Contractor agrees
14 to, and shall , defend City and its elective and appointive boards,
15 commissions, officers , agents and employees from any suits or
16 actions at law or in equity for damages caused , or alleged to have
17 been caused , by reason of any of Contractor' s operations
18 hereunder.
19 8. Annual Report. Contractor shall submit an annual report
20 relative to its general activities in promoting and publicizing
21 the City, with a detailed report concerning the costs incurred in
22 connection therewith.
23 9. Annual Budget. Contractor shall file an annual budget
24 for the subject fiscal year, in the form and manner prescribed by
25 the City Administrator, detailing all estimated expenditures and
26 all revenues expected to be received , from all sources , including
27 the City, during the period of this agreement.
28 10 . Expenditures - Report and Accounting. Contractor shall
-3-
I file a complete report and accounting of all expenditures and all
2 revenues received , from all sources , including the City, during
3 the term of this agreement . Said report shall be filed with the
4 City Administrator prior to June 15, 1984 .
5 11. 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 agreement shall not be construed as a waiver of the right to
9 compel enforcement of any provision or provisions .
10 12 . Assignment. This agreement shall not be assigned by
11 Contractor without the written consent of City.
12 13. Notices . All notices herein required shall be in
13 writing and delivered in person or sent by certified mail , postage
14 prepaid, addressed as follows :
15 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 92410
17
18 DATED:
19 CITY OF SAN BERNARDI
ATTEST:
2
B
0
21 i! �' �,/ N ay or
ity Clerk
22
SAN BERNARDINO MEXICAN CHAMBER OF
23 COMMERCE
24
By
25
26
27 Approved as to form:
28 O
City lAtorney
-4-