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HomeMy WebLinkAboutReso 1950-1150 ■ RESOLUTION NO. 1150 RESOLUTION APPROVING AGREEMENT BETWEEN THE CHULA VISTA CHAMBER OF COMMERCE AND THE CITY OF CHULA VISTA FOR ADVERTISING AND PROMOTION SERVICES FOR THE YEAR 1950-51 THE CITY COUNCIL OF .THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: That certain agreement, dated the 1st day of July, 1950, by the CHULA VISTA CHAMBER OF COMMERCE and the CITY OF CHULA VISTA, a copy of which is attached hereto and by this reference ryr^^ incorporated herein, be and the same is hereby approved, and z. DWIGHT KIDDER, 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. ADOPTED, SIGNED AND APPROVED this 25ttday of� July , 1950. Mayor of t City of Chula Vista, California. ATTEST: ClyCer o yo Chula Vista, California. passed and adopted by the said Counci 1 of' the said City of Chula Vista, California, this 25th day of `July ,1950, by the following vote, to-wit: AYES: Councilmen DeWolfe, Kidder, Riesland, Hobel. NOES: Councilmen None. ABSENT: Councilmen Lean. ` ' ity c er o t e --ty • Chu a Vista, California. STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ss CITY OF CHULA VISTA) ' I, HERBERT V. BRYANT, City Clerk of the City of Chula Vista, california, DO HEREBY CERTIFY that the' above and fore- going is a full, true and correct copy of Resolution No. 1150 and that the same has riot been amended or repealed. DATED: ' * , 1950 TY Clerk of the City of• Ctau1a Vista, A G R E E M E N T• • • • • THIS AGREEMENT made this 1st day of July, 1950, be- tween the CRU ,A VISTA CHAMBER OF COMMERCE, a non-profit • _corporation, hereinafter sometimes referred to as ADVERTISER, and the CITY OF CHULA VISTA, a municipal Corporation, here- inafter sometimes referred to as the CITY; • WITNESSETH AS FOLLI : 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 herein- after agreed to be done by said Advertiser; • • • 0 NOW THEREFORE, in consideration of the agreements herein contained 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 community; to develop and advise the City of needed public improvements leading to the betterment of the community; to provide, operate and conduct off-street parking facilities; 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 COCA f o 1 • 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 celebrations held by the City, to ex- hibit 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, 1950 to the 30th day of June, 1951. 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 com- pensation mentioned in the Sixth paragraph. FIFTH: EXTRAORDINARY SERVICES: Whenever the City Council of the city shall desire the performance of a specific and extraordinary Service from Advertiser under this con- tract, •it shall request Advertiser to prepare and present for the approval of said Council a plan of advertising, en- tertainment, or other suitable proposal for the promotion • and advertisement of the City and the approximate cOst there- . • - • of. whenever Advertiser shall be of the opinion that any extraordinary service of the character herein provided for • should be undertaken, it shall make a recommendation to said council and present a plan or proposal for the consider- ation 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 pro- ceed with the execution of. such plan or proposal and shall be •entitled to additional compensation therefor as herein- after 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.. • U pon the find approval of any such plan or proposal, and the execution thereof by Advertiser, said City shall pay to f`. 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 here- inabove 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 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 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 this agreement, the City hereby agrees • 3 • • 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 hereunder for City as follows: Manager's Salary $2,650.00 • Other Salaries 1,500.00 Insurance 230.00 Membership in State and National Bodies100.00 Expenses at Meetings and car mileage County and City Taxes on our Building 100.00 Utilities g 100.00 (Gas, Electric, Water, and Telephone) 3$0.00 Office Supplies for Routine Operation 300.00 Cleaning and Maintenance 160.00 Miscellaneous 200.00 TOTAL $,;6,000.00 It is mutually understood and agreed that the above represents approximately two-thirds (2/3) of the usual overhead and operating expenses of Advertiser, and that Advertiser proposes to expend approximately two-thirds(2/3) of its time and facili- ties in the performance of this agreement. SEVENTH : The total sum above mentioned shall be paid Advertiser in twelve equal installments of rive Hundred Dollars ($500.00) , payable the first day of each month, commencing July 1st, 1950. But in the event this contract is terminated as provided in the Second Paragraph hereof, said total sum • rq ('o shall be prorated from the 1st day of July, 1944)- 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 services, both ordinary and extraordinary, to be performed by the Adver- tiser inde:r 't ts-coirtratt;.. :hall not in any. .. ,� event exceed the total sum of THIRTEEN THOUSAND FIVE HUNDRED DOLLARS', ($13500.00) . • NINTH: All money due Advertiser under this contract shall 4 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 in- curred-forming the basis of such claim. For ordinary and extra-ordinary services Advertiser shall 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 receive any compensation for its own services as such. IN-WITNESS 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 BY - E. Dwight redder, mayor of the City of Chula Vista CHULI 1 STA CHAMBER OF C,OMMERCE • BY ,, . / ATTEST: • C ty C er • • • •