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CI~ OF SAN. BERNARDQO - REQUaT FOR COUNCIL ABION
From:
Ralph H. Prince
Subject: Agreement with Inland Empire
Hispanic Chamber of Commerce
Relating to Funding for Promoting
and Publicizing the City
Dept:
City Attorney
Date:
August 9, 1985
Synopsis of Previous Council action:
At the Council meeting of August 5, 1985, the Mayor and Common
Council approved funding in the amount of $5,000 for Inland
Empire Hispanic Chamber of Commerce.
Recommended motion:
Adopt resolution.
4<<.) ~h--:;:'''
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Signature
Contact person:
Libby ROdriguez
Phone:
5355
Supporting data attached:
Yes
FUNDING REQUIREMENTS:
Amount:
$5,000.00
Ward: N/A
001-091-53030
Souroe: Promotional Funding
Finance: tJl!1 .tf ~
Council Notes:
75-0262
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RESOLUTION NO.
2 RESOLUTION OF THE CITY,OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND EMPIRE HISPANIC CHAMBER
3 OF COMMERCE RELATING TO FUNDING FOR PROMOTING AND PUBLICIZING THE
CITY, EFFECTIVE JULY 1, 1985.
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 effective July 1, 1985, with IDland Empire Hispanic
9 Chamber of Commerce relating to funding for promoting and
10 publicizing the City, 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
.
meeting thereof, held
, 1985, by the following
16 on the
day of
17 vote, to wit:
18 AYES: Council Members
19
20 NAYS:
21 ABSENT:
22
23 City Clerk
24 The foregoiDg resolution is hereby approved this ____ day of
25 , 1985.
26
27 Approved as to form:
28 "t~~~~
Mayor of the City of San Bernardino
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A G R E E MEN T
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(Promotion and Publicity)
THIS AGREEMENT, covering operations during the fiscal year
1985-1986, is entered into at San Bernardino, California,
5 between the CITY OF SAN BERNARDINO, a municipal corporation,
I
6 referred to as "City", and the INLAND EMPIRE HISPANIC CHAMBER
7 OF COMMERCE, a nonprofit corporation, referred to as "Contractor",
8 and is effective as of July 1, 1985.
9 City and Contractor agree as follows:
10 1. Recitals. The Mayor and Common Council of the City
11 of San Bernardino have found and determined that it will be for
12 the convenience, benefit and advantage of the City, and of its
13 inhabitants, to retain the services of Contractor for the
14 general purposes of publicizing and advertising the City.
15
2. Promotion. The Contractor agrees that it will,
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16 during the fiscal year covered by this agreement, use its best
17 efforts to promote and publicize the City of San Bernardino,
18 induce immigration and visitation to the City of San Bernardino,
19 induce and promote industrial, business and residential growth,
20 exhibit manufactured and other products made in apd near the
21 City, advertise and furnish information to the general public
22 regarding the advantages of City as a place to live, work and
23 establish industries and businesses, and in general to aid and
24 promote industrial expansion of City, and cause to be prepared,
25 published and disseminated bulletins and other advertising
26 matter relating to the foregoing activities.
27 3. Contractor - Official Agency. In consideration
28 of the services to be performed hereunder, the City hereby
EXHIBIT
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1 designates the Contractor as the official ageDCY of the City for
2 the performance of such services.
3 4. Payments. City shall pay Contractor for all publicity
4 and advertising services to be conducted under the provisions of
5 this agreement the sum of FIVE THOUSAND DOLLARS ($5,000.00),
6 payable in such amounts and at such times prior to June 30, 1986,
7 as may be aproved by the Director of Finance. Said money shall
8 be used solely for expenses.incurred in promoting and publicizing
9 the City, together with the necessary supplies, rental aDd
10 overhead costs involved.
11 5. Term. Contractor shall provide such services for the
12 period commencing July 1, 1985, and terminating June 30, 1986;
13 provided that either party may terminate the agreement at any time
14 by giving the other party written notice of such termination. In
15 the event either party terminates this agreement, City shall not
16 be obligated to make any payment of monies after the effective
17 date of termination and Contractor shall reimburse City for any
18 unused monies paid by City.
19 6. Relationship of Parties. Contractor is acting as an
20 independent contractor, and not as an employee of City. In the
21 performance of personal services pursuant to the provisions of
22 this agreement, Contractor shall not be supervised, directed, or
23 under the control or authority of any City officer or employee,
24 except and to the extent as may be expressly or implicitly
25 required by the terms and provisions of this agreement. Any
26 direction or control so required under this agreement shall be
27 limited to broad objectives or goals of the project or program
28 to be accomplished and not to the details and procedures to
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1 accomplish such objectives or goals. Contractor shall not be
2 obligated to conform to the supervision or direction of City
3 officers or employees which are not authorized herein. Changes or
4 modifications of said objectives and goals may be made by written
5 recommendations of either party subject to the CODcurreDce of the
6 other party in writing.
7 7. Hold Harmless. Contractor hereby agrees to, and shall,
8 hold City, its elective and appointive boards, commissions,
9 officers, agents and employees harmless from any liability for
10 damage or claims for damage, iDcluding all claims for personal
11 injury, including death, claims for property damage, and any and
12 all other claims or liability which may arise from Contractor's
13 operations under this agreement, whether such operations be by
14 Contractor or by anyone or more persons directly or indirectly
15 employed by, or acting as agent for .Contractor. Contractor agrees
16 to, and shall, defend City and its elective and appointive boards,
17 commissions, officers, agents and employees from any suits or
18 actions at law or in equity for damages caused, or alleged to have
19 been caused, by reason of any of Contractor's operatioDs
20 hereunder.
21 8. Annual Report. Contractor shall submit an annual report
22 relative to its general activities in promoting aDd publicizing
23 the City, with a detailed report concerning the costs iDcurred in
24 connec t ion therewi th.
25 9. Annual Budget. Contractor shall file an annual budget
26 for the subject fiscal year, in the form and manDerprescribed by
27 the City Administrator, detailing all estimated expenditures and
28 all revenues expected to be received, from all sources, including
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1 the City, during the period of this agreement.
2 10. Expenditures - Report and Accounting. Contractor shall
3 file a complete report aDd accounting of all expenditures and all
4 revenues received, from all sources, including the City, during
5 the term of this agreement. Said report shall be filed with the
6 City Administrator prior to June 15, 1986.
7 11. Amendment. This agreemeDt may be ameDded or modified
8 only by written agreement signed by both parties and failure on
9 the part of either party to enforce any provision of this
10 agreement shall not be construed as a waiver of the right to
11 compel enforcement of any provision or provisions.
12 12. Assignment. This agreement shall not be assigned by
13 Contractor without the written consent of the City.
14 13. Notices. All notices herein required shall be in
15 writing and delivered in person or sent by certified mail , postage
16 prepaid, addressed as fo llows:
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City Administrator
City Hall
300 North "D" Street
San Bernardino, CA 92418
Inland Empire Hispanic
Chamber of Commerce
972 North Mt. VernoD Avenue
San Bernardino, CA 92411
DATED:
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
INLAND EMPIRE HISPANIC CHAMBER
OF COMMERCE
By
Title:
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