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HomeMy WebLinkAboutReso 1965-3758 Form No. 342 • RESOLUTION N0. 3758 RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF CHULA VISTA APPROVING AGREEMENT. BETWEEN THEr.CIT.Y OF CHULA VISTA AND THE CHULA VISTA CHA1tiIBER OF COMMERCE FOR ADVERTISING AND PROMOTION SERVICES FOR THE YEAR 1965-66 AND'. AUTHORIZING THE~MAYOR TO EXECUTE SAME The City .Council_.of the:..City.of Chula Vista-.does hereby resolve as follows: That' that certain.,agr.eement.between the .City of Chula Vista, a municipal corporation, and the Chula Vista Chamber of Commerce, a non-profit corporation, for advertising and promotion services dated the lst_day of lulu , 19~,~, a copy of which is attached hereto and incorporated-.herein, the same as though fully set forth herein be, and the same:is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf .of said City. Presented by Fred A. Ross, Chief Administrative Officer Approved as to form by George I]%i Lindberg, -1- ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 22n4tiay of June _, 19~, by the following vote, to-wit: AYES: COUNCILMEN McMains, McAllister, Anderson, Sperling NAYES: COUNCILMEN None ABSENT: COUNCILMEN. McCorquodale w Mayor of the City of Ghula Vista ATTEST t. `~ uu{ ~-~J'~ ity Clerk STATE OF CALIFORNIA COUNTY.~OF SAN DIEGO ~ ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of - , and that the same has not been amended or repealed. DA City Clerk CC G52 A G R E E M E N T ---------------- TEiIS AGREEMENT made the first day of July, 1965, between the CHULA VISTA CHAMBER OF COMMERCE, anon-profit corporation, here- inafter sometimes referred to as Advertiser, and the CITY OP' CHULA VISTA, a Municipal Corporation, hereinafter sometimes referred to as the CITY, WITNESSETH AS FOLLOWS: WHERIsAS Advertiser is a Chamber of Commerce located in the city of Chula Vista, anal as such has special icnowiedge, experience, and facilities for promotion, entertaining anal advertising work for and on behalf of the City of Chula Vista and for doing the things hereinafter agreed to be done by it,and WHEREAS, the City of Chula Vista desires to employ or secure the - services of. the said Advertiser to promote and advertise the City of Chula Vista and to do the things hereinafter agreed to be done by said Advertiser, NOW, tNIIEREFORE, in consideration of the agreements herein con- tamed and to be performed, the parties do hereby agree as follows: FIRST: Advertiser hereby agrees during the term of this contract to receive and entertain. public guests of the City;to advise the City Council of opportunities to advertise and promote the cornmwity, to develop and advise the City of needed public improvements leading to the betterment of the com- munity; to promote a friendly spirit among the merchants of the coxnrnunity anal between the merchants and the general public; to design, print, puhtish and distrihutc pamphlets and other printed matter; to stimulate business anti employment opportunities within the community; to induce the immigration of industry, merchantiie establishments and population to the City; to assist in public celebrations held by the City, to exhibit agricultural and industriat products of. said City, and generally to advertise and promote the City of Chula Vista, all in the public interest and in the manner herein provided, SECOND: The term of this contract shall be from the first day of Juiy, 1965, uni:ii revised or revoked, Cither party may,however, terminate this contract upon thirty (30) days of written notice to the other of its intent so to do, `I'FIIRD: T}~e services to he performed by Advertiser under this con- tract are hereby r,tassified as (1) Ordinary, and (2~ Extra Ordinary, FOURTH: The Advertiser shalt perform ordinary services of the nature above mentioned during the term of this contract without specific direction from the City and for i;he compensation mention in Che Sixth Para- graph, :FIFTH: Exi:ra Ordinary Services: Whenever the City Council of. the City sha11 desire the performance of a specific and extra ox•diuary service from Advertiser under this contract, it shall request Advertiser to prepare and present for the approval of. said Council a plan of advertising, enter- tainmen or other suitabte proposal for the promotion and advertising of the City and the approximate cost thereof, Whenever Advertiser shall be of the opinion l;hat any e:>tra ordinary service of the character herein pro- vided for should be undertaken, it shall make a recommendation to said Council and present a plan or propasai for the consideration of said Council specifying the service to be rendered or work to be done and the approxi- mate cost thereof, Upon the approval of any such plan or proposal by said City Council whether presented in response Co the direction. of said Couucii or upon the initiative of Advertiser, Advertiser shad pror_eed with the execu- lion. of such plan or proposal and shad be entitled to additional compensation therefor as hereinaftex• provided, Said Council may modify any such plan or proposal in any particular or may finatty reject such plan or proposal in its entirety, or may direct the submission of a new plan or proposal which. may be modified, altered or rejected in the same manner, The Advertiser shah / `' / always have the option to refuse to undertake a plan or proposal requested by the City Council or a plan or proposal suggested by Advertiser which is materially modified by said Council, Upon the final approval of any such pion or proposal, and the execution thereof by Advertiser, said City shall pay to Advertiser upon its demand as hereinafter provided, the cost actually incurred by Advertiser in executing said plan or proposal which shad not exceed by more than ten {10°Jo} per cent the estit7taied cost of such plan or proposal as hcreinabove provided, It is understood and agreed that uo part of any sum paid by the City to Advertiser as reirnbursemerttfor unusual or extra ordinary services shalt ever he used to pay the saiari.es of officers of Advertiser or overhead, SIXlI3: Advertiser agrees to use its facil.i.ties and its special kuowi- edge and experience in carrying out the terms of this agreement to be per- .formed by it, In consideration of usual, as distinguished from unusual or extra ordinary services that will be performed by Advertiser for the City during the term of i;hi.s agreement, the City hereby agrees to pay certain sums of money to Advertiser during the term of this agreement i:o defray the expenses and overhead of Advertiser which may fairly be allocated to the usual services Advertiser will perform for City as follows: Manager's Salary $7, 200, 00 Other Salaries 5, 320, 00 Insurance 300.00 lines (outside organizations) 120.00 I•,xpense Account (Manager} 1, 000, 00 Taxes on building and equipment 222.00 Utilities 566, 00 Office Supplies (routi_ne operation) 333.00 Maintenance, Repair & Cleaning 7 ;3.00 Postage (routine operation} 5~2, 00 $16, 335, 00 /3/ It is mutually tmderstood and agreed that the usual services as stated on Page '3 of this agreement represents approximately two-thirds (2/3~ of the usual overhead and operating expenses of Advertiser, and that Advertiser pro- poses to expend approximately two-thirds(2/3p of its time and facilities in the performance of this agreement, SEVENTH: The total sum above mentioned sha11 be paid Advertiser in twetve equal installments, payable the first day of each month, commencing July 1st, 1965, Rut in the event this contract is terminated as provided in the Second Paragraph hereof, said total sum shah be prorated from th.e 1st day of Juiy, 1965, to the date of such termination and any advance payment to Advertiser shall be repaid to City, EIGII`P7=I: Al.i money due Advertiser under this contract shaft be paid upon demands presented and audited, and ail. dernands for Ordinary or Estra- Ordinary service shalt be supported by a statement of Advertiser in the form of the xnonthl.y financial reports showing the amount expended or liabilities incurred forming the basis of such claim, For Ordinary and Extra Ordinary services Advertiser shall he entitled to payment only for the expense actually paid_or incurred by it iu carrying out of any plan or proposal and shall not re- ceive any compensation for its own services as such, IN WITNESS WHEREOF, said City of Chula Vista has caused this agree- ment to be executed by its Mayor, and attested by its City Cierl~ and said Ad- vertiser has caused said contract to be signed by its President and Executive Manager thereunto duly, authorized and its corporate seal to be affixed, all as of the day and year first written above, CITY OP' CHULA VISTA f~ ~~ r Mayor of the City of Chula Vista A T T E S 1' : CHULA VISTA CHAMBER OfF ~COMNi1;ItCL ~ J! ~. /-, ..~ _ °~L_ - i.. .President,,: j ``' " _~.y,~-. 1:i~lerl: ~ - ~ ' - =,_ J~/ Executive Managerv ~ ~/