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HomeMy WebLinkAboutReso 1964-3430' ~ . f Resolution No. 3430 i RESOLUTION APPROVING AGREEMENT BETWEEN THE CH[ILA VISTA CHAMBER OF COMMERCE AND THE CITY OF CHULA .V,ISTA FOR ADVERTISING AND PROMOTION SERVICES FOR THE YEAR 1964-65 THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: That certain agreement, dated the first day of Juty, 1964, by the CHULA VISTA CHAMBER OF COMMERCE AND THE CITY OF CHULA VISTA, a copy of which is attached hereto and by this refer- ence incorporated herein, be and:the same is hereby approved, and the l~ Mayor of the City of Chuta Vista is hereby authorized and directed to execute the same for and on behalf of the City of Chuta Vista. ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of '.'June , 19 /~, b}i the following vote, to-wit: AYES: COUNCILMEN ~ralr• rar•; Soarline Anderson •McMa~ns NAYES; COUNCILMEN None ABSENT: COUNCILMEN McCorquodale. Mayor of the ty of Chula N'sta . \ ATTEST ~' ~~_, _,~r_ . .~. '~~f~~/ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) sa. 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CERTIFY that the above and foregoing is a full, true and correct copy of , and that the same has not been amended or repealed. DATED: City Clerk A C~R E EM E-N T ------------------ THIS AGREER4ENT made the first day of July, ,1964, between the CHULA VISTA CHAMBER~OF COMMERCE, anon-profit corporation, here- inafter sometimes referred to as Advertiser, and the CITY OF CHULA VISTA, a Municipal Corporation, hereinafter sometimes referred to as the CITY; WITNESSETH AS FOLLOWS: WHEREAS Advertiser is a Chamber of Commerce located in the city of Chula Vista, and as such has special know to dge, experience, and facilities for promotion, entertaining and advertising work for and on behalf of Che City of Chula Vista and for doing the things hereinafter agreed to be done by it, and WHEREAS, the City of Chuta Vista desires to employ or secure the ser- vices 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, WHEREFOREy in consideration of the agreements herein contain- ed and to be performed, the parties do hereby agree_ as follows: FIRST: Advertiser hereby agrees during the term of this contract to re- ceive and entertain public guests of the City; to advise the City Council of opportunities to advertise and promote the community; 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 community and between the merchants and the general pub tic; to design, print, publish and distribute pamphlets and other printed matter; to stimulate business and emp loyment opportunities within the community; to induce the immigration of industry, merchantile establishments and population to the City; to assist in public celebrations held by the City, to exhibit agricuitu rat and industrial 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. C~(~;~',~>(c 3J~~ ~ - 5ECOATD: The term of this contract shah be from the first day of Ju1y-, 1964 to the 30th day of June 1965. Either party may however, terminate this contract upon thirty (30) days written notice to the other of its intent so to do. THIRD: The services to be performed by Advertiser under this contract . are hereby classified as (1) Ordinary, and (2) Extra-ordinary, - ~ FOURTH: The Advertiser shall perform ordinary services of the nature above mentioned during the term of this contract without specific direction . from the City and for the compensation mentioned in the Sixth Paragraph, FIFTH: Extraordinary Services: Whenever the City Council of the City shad desire the performance of a specific and extraordinary service from Advertiser under this contract, it shaft request Advertiser to prepare and present for the approval of said Council a plan of advertising, entertainment, ,_ or other suitable proposal for the promotion and advertisement of the City _ and the approximate cost thereof. Whenever Advertiser shall be of the opinion '- i that any extraordinary service of the character herein provided for should be - undertaken, it sha11 make a recommendation to said Council and present a ` -~-~~' ~~ plan or proposal for the consideration of said Council specifyingahe service to be rendered or work to be done and the approximate cost, thereof. Upon the approval of any such plan or proposal by said City Council whether pre- sented in response to the direction of said Council or upon the initiative of i -~ ". ~ ~~ -Advertiser, Advertiser shaft proceed with the execution of such plan or pro- ' posai and shalt be entitled to additional compensation therefor as hereinafter provided. Said Council may modify any such plan or propos at in any particu- lar or may finally reject such plan or propos at in its entirety, or may direct the submission of a new plan or proposal which may be modified, alts red or 2 rejected in the same manner. The Advertiser shad 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 plan or proposal, and the execu- tion thereof by Advertiser, said City shaft pay to Advertiser upon its demand as hereinafter provided, the cost actually incurred by Advertiser in executing said ptan ox proposal which shah not exceed by more than ten (10%) per cent the estimated cost of such plan or proposal as hereinabove provided. It is understood and agreed that no part of any sum paid by the City to Advertiser as reimbursement for unusual or extraordinary services shall ever be used to pay thesaLaries~of officers of Advertiser or overhead, SIXTH: Advertiser agrees to use its facilities and its special knowledge and experience in carrying out the terms of this agreement to be performed by it. In consideration of usual, as distinguished from unusual or extraordinary services that will be performed by Advertiser for the City during the term of this agreement, the City hereby agrees to pay certain sums of money to Ad- vertiser during the term of this agreement to defray the expenses and over- head of Advertiser which .may fairly be allocated to the usual services Adver- tiser witt perform hereunder for City as fotiows: Manager's Salary ~ $6, 800.00 Other Salaries 5, 080, 00 Insurance 240,00 Membership Dues (state and national organizations) 107, 00 Expense Account (manager} , 1, 000, 00 Taxes on building & equipment 222, 00 Utilities 566, 00 Office supp ties (routine operation) 266,00 Maintenance and Cte aning 650.00 Postage (routine operation) ~ 532; 00~ X15, 463, 00 It is mutually understood and agreed that the above represents approximately two-thirds (2/3) of the usual overhead and operating expenses of Advertiser, 3- and that Advertiser proposes to expend approximately two-thirds (2/3) of its t time and facilities in the performance of this agreement, SEVENTH: The total sum above mentioned shall be paid Advertiser in twelve equal installments, payable the first day of each month, commencing July 1st, 1964, But in the event this contract is terminated as provided in the l3econd Paragraph hereof, said total sum shah be prorated from the 1st day of July, 1964 to the date of such termination and any advance payment to Advertiser shah be repaid to City, EIGH`PH: Ait money due Advertiser under this contract shall be paid upon demands presented and audited, as required by the City Charter of the City, and alt demands for Ordinary or Extra-ordinary service shall be sup- ported by a statement of Advertiser showing the amount expended or Liabilities incurred forming the basis of such claim, For Ordinary and Extra-ordinary services Advertiser shad be entitled to payment only for the expense actually paid or incurred by it in 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 Clerk and said Ad- vertiser has caused said contract to be signed by its President and Executive Manager thereunto duly, authe rized and its corporate seal to he affixed, ail as of the day and year first above written, CITY OF CHtiLA VISTA / (1 7 i~ , Mayor of the Cit~of Chula Vi~`ta CHULA VISTA ATTEST: City~Cerk OF COMMERCE -4-