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HomeMy WebLinkAboutReso 1957-1968 v . ' RESOLUTION NO. 1968 r ' RESOLUTION APPROVING AGREEMENT BETWEEN THE CHULA VISTA CHAMBER OF COMMERCE. AND THE CITY OF CHULA VISTA FOR ADVERTISING AND PROMOTION SERVICES FOR THE YEAR 1957-5$ THE CITY ,COUNCIL OF THE CITY OF CHULA VISTA,' DOES HEREBY RESOLVE AS FOLLOWS: That certain agreement, dated the 1st day of July, r 1957, by the CHULA VISTA CHAMBER OF COMMERCE and the CITY OF CHULA VISTA, a copy of which is attached hereto and by this reference incorporated herein, be and the same' is hereby approved, and the Mayor of the City of Chula Vista is hereby authorized and directed to execute the same for and on behalf of the City of Chula Vista. v + • ADOPTED AND APPROVED by the' CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd Day of July, 1957 by the following vote, ito-wit: AYES: COUNCILMEN Smith, DeGraaf,Dillon,DeWolfe J YW/ • NAYES: COUNCILMEN , 'ode/ Rader ABSENT: COUNCILMEN Nom. 'ayor o ' e °' y o = u . 'is a //// 'ATTEST: _ _!/Li i y C er 3�. 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CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED: City Clerk • AGREEMENT TTHIS AGREEMENT made this 1st day of July, 1957, be- tween the CHULA VISTA CHAMBER OF COMMERCE, a non-profit • corporation, hereinafter 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 knowledge, • experience and facilities for promotion, entertaining and • 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 WHEREFORE, in consideration of the agreements herein contained and to be performed, the parties do hereby agree as follows: FIRST: Advertiser hereby agree 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 community; to develop and advise the City of needed public improvements leading to the betterment of the community; to promote a friendly spirit among the merchants of the community and between the merchants and the general public; to • • • • design, print, publish and distribute pamphlets and other printed matter; to stimulate business and employment • opportunities within the community; to induce the immigration of industry, merchantile establishments and population to the City; to assist in public cele- brations held by the City, to exhibit agricultural 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. SECOND: The term of this contract shall be from the 1st day of July, 1957 to the 30th day of June 1958• 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 Seventh,:Paragrph. • • FIFTH: EXTRAORDINARY SERVICES: Whenever the City Council of the City shall desire the performance of a specific and extraordinary Service from Advertiser under this contract, it shall request Advertiser to prepare and • present for the approval of said Council a plan of advertis- ing, entertainment, or other suitable proposal for the pro- motion and advertisement of the City and the approximate cost thereof. Whenever Advertiser shall be of the opinion • • that any extraordinary service of the character herein -2- • • provided for should be undertaken, it shall make a recommenda- • tion to said council and present a plan or proposal for the consideration of said Council specifying the 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 presented in response to the direction of said Council or upon the initiative of Advertiser, Advertiser shall proceed with the execution of such plan or proposal and shall be entitled to additional compensation therefor as hereinafter provided. Said Council may modify any such plan or proposal in any particular or may finally 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 shall 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 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 shall 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 reim- bursement for unusual or extraordinary services shall ever be used to pay the salaries 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. • • -3— • • • 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 Advertiser • during the term of this agreement to defray the expenses and overhead of Advertiser which may fairly be allocated to the usual services Advertiser will perform for the City. It is .. mutually understood and agreed that the amount paid to the Advertiser represents approximately one-half (2) of the usual operating expenses of Advertiser, and that Advertiser pro- poses to expend the necessary time and use of its facilities in performance of this agreement. SEVENTH: The total sum for ordinary services shall be Eighty-one Hundred Dollars ($8100) which shall be paid to Advertiser in twelve equal installments of Six Hundred Seventy- five Dollars ($675) , payable the 1st day of July, 1957, to the date of such termination and any advance payment to Advertiser shall be repaid to City. EIGHTH: The total obligation of the City, and the serv- ices both ordinary and extraordinary, to be performed by the Advertiser under this contract, shall not in any event exceed the total sum of Twelve Thousand Dollars ($12,000) . NINTH: All money due Advertiser under this contract shall be paid upon demands presented and audited, as required by the City Charter of the City, and all demands for Ordinary or extra-ordinary service shall be supported 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 shall be entitled to pay- ment only for the expense actually paid or incurred by it in • -4- carrying out of any plan or proposal and shall not receive any compensation for its own services as such. IN FITNESS WHEREOF, said City of Chula Vista has caused this agreement to be executed by its Mayor, and attested by its City Clerk, and said Advertiser has caused said contract to be signed by its President and Secretary thereunto duly authorized and its corporate seal to be affixed, all as of the day and year first above written. CITY OF CHULA VISTA ommir •e C Mayor of the of Ch b Vista CHULA VISTA CHAMBER OF COMMERCE • By ----(5.-c.14/ • ATTEST: �1Air % City k -5-