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HomeMy WebLinkAboutReso 1949-1071 • !i • RESOLUTION NO. 1071 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH THE CHULA VISTA CHAMBER .OF COMMERCE THE' CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES HEREBY RESOLVE AS FOLLOWS: That certain agreement between the City of Chula Vista • and the Chula Vista Chamber of Commerce, dated July 1st, 1949, a copy of which is attached hereto and by this reference in- corporated herein, be and the same is hereby approved, and that LORENZ C. KOESTER, Mayor of the City of Chula Vista, and HERBERT V. BRYANT, City Clerk of the City of Chula Vista, be and they are hereby authorized to sign the same for and on behalf of the City of Chula Vista. ADOPTED, SIGNED AND APPROVED this 18th day of October, 1949. Mayor of the Sr y of Chula Vista, Cal- fornia ATT —► ity Clerk of the Ci y of Chula 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 foregoing Resolution was duly adopted by the City Council of said City and was approved by the City Council of said City and was approved by the Mayor of said City at a regular meeting of said Council held on the 18th day of October, 1949, and that it was so adopted by the following votes: AYES: Councilmen Kidder, Koester, Riesland NOES: Councilmen None ABSENT: Councilmen Nashold, Dyso. 1 y er o a :"� o u a 'is a, 1 n��.. CO(.6 A G R E E M E N T• • • • THIS AGREEMENT made this 1st day of July, 1949, between 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 of the Sixth Class, • • hereinafter sometimes referred to as the CITY; WITNESSETH AS FOLLOWS: WHEREAS Advertiser is a Chamber of Commerce located in the City of Chula Vista with special knowledge, experience and facilities for promotion, entertaining and advertising work, 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 do the things hereinafter • agreed to be done by said Advertiser; NOW, THEREFORE, in consideration of the agreements herein contained 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 of Chula Vista, to assist in public celebrations held by the City of Chula Vista, to aid and carry on the work of inducing immigra- ti-on to the City of Chula Vista, to exhibit agricultural and industrial products of said City, and generally to advertise the City of Chula Vista, all in the manner herein provided.. SECOND: The term of this contract shall be from the 1st day of July, 1949, to the 30th day of June, 1950. Either party may, however, terminate this contract upon Thirty (30) days written notice to the other of its intent so to do. THIRD: Whenever the City Council of the City shall desire the performance of any services by Advertiser under this contract, it shall request Advertiser to prepare and present for the r -1- 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 Adver- tiser shall be of the opinion that any 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 consideration of said Council specifying the service to be rendered or work to be done and the approximate cost there- : - of. 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 compensation therefor as hereinafter provided. Said Council may modify any such plan or proposal in any particu- lar or may finally reject such plan or proposal lam'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 Ad- vertiser 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 has been materially modi- fied 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 of executing said plan or proposal which shall not ex- ceed by more than Ten (10%) per cent the estimated cost of such plan or proposal as hereinabove provided. FOURTH: 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 services that will be performed by Advertiser for the City during the term of this agreement, the City hereby agrees to pay certain -2- 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 Services Advertiser will perform hereunder for City as follows: Christmas Promotion $405.00 County Fair 240.00 Office Supplies, Stamps,Janitor Supplies-40.00 Utilities &'Telephone 120.00 Insurance 105.00 Membership in State & National Organizations 45.00 Office Salaries 600.00 Social Security & O.A.B. 45.00 Misc. Repairs & Maintenance 60.00 Total $1$00.00 It is understood and agreed that no part of any sum paid by the City to Advertiser shall ever be used to pay the salaries of officers of Advertiser. The total sum above mentioned shall be paid Advertiser in two equal installments, payable on November 1st, 1949, and January 15th, 1950. But in the event this con- tract is terminated as provided in the Second Paragraph hereof, said total sum shall be prorated from the 1st day of July, 1949 to the date of such termination and any advance payment to Ad- vertiser shall be repaid to City. b FIFTH: The total obligation of the City, and the services to be performed by the Advertiser under this contract, shall not in any event exceed the total sum of THREE THOUSAND, SIX HUNDRED • and 00/100• ($3600.00) DOLLARS. • ' SIXTH: All money due Advertiser under this contract shall be paid upon -demands presented and audited, as required by the Council of the City, and shall be supported by a statement of Advertiser showing the amount expended or liabilities incurred forming the basis of such claim. 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 -3- • 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 Ci, LA VIST .. By '1_`mss Lorenz C. Ko:ste , Mayor of the City of Ch a Vista CHULA VISTA CHAMBER OF COleIERCE By 1 • William H. Eck art, President / , By Ai, I .= ._. Ho, L. Hammond, Secretary ATTEST: Age° City Clerk • • • • • -4-