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HomeMy WebLinkAboutCC RESO 93-12RESOLUTION NO. 93-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MAYTLME BAND REVIEW CORPORATION WHEREAS, the Government Code of the State of California authorizes the City to spend funds for promotional activities; and WHEREAS, the Maytime Band Review Corporation has special expertise and knowledge in sponsoring the annual Maytime Band Review, which publicizes and promotes the City of National City; and WHEREAS, the City of National City desires to enter into an agreement with the Maytime Band Review Corporation to direct and sponsor the 1993 Maytime Band Review, for the sum of $10,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an agreement with the Maytime Band Review Corporation to direct and sponsor the 1993 Maytime Band Review. PASSED and ADOPTED this 2nd day of February, 1993. ATTEST: L ri Anne Peoples, CClerk APPROVED AS TO FORM: /J George H. Eiser, III City Attorney George W Waters, Mayor CONTRACT BETWEEN CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW CORPORATION THIS AGREEMENT, entered into this 2nd of February 1993 by and between the City of National City, California, a municipal corporation in the County of San Diego, State of California, hereinafter designated as "City" and Maytime Band Review Corporation, an association, hereinafter designated as "Advertiser". WITNESSETH: WHEREAS, Advertiser has special experience and knowledge indirect- ing and sponsoring the Annual Maytime Band Review for the City of National City, and WHEREAS, it is the desire of the City to employ said Maytime Band Review Corporation as its agent for the purpose of advertising the City, all pursuant to the Government Code of the State of California, and WHEREAS, it has been found by said City that the annual Maytime Band Review will publicize and advertise said City, the City Council does further find and does hereby determine that the expenditure of the sum of $10,000.00 for the conducting of the Maytime Band Review is proper for the purposes hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. That the City hereby agrees to pay Advertiser the sum of $10,000.00 (ten thousand dollars) subject to the terms, conditions and restrictions imposed by the agreement; 2. City agrees to pay Advertiser said sum in four installments of $2,500.00 each on or before February 1, March 1, April 1 and May 1. All such sums paid to be substantiated by itemized statement of monies actually spent or liabilities incurred; 3. That said sum includes funds required by advertiser to furnish necessary insurance for the Maytime Band Review and for the City's ad in the souvenir program; 4. That the term of this agreement shall expire on June 30, 1993. 5. That it is hereby mutually agreed that no part of any money paid by the City to Advertiser shall ever be used to pay any part of the salaries of its officers; 6. That the advertiser will have full control and authority in producing and putting on the Maytime Band Review. The City shall review and approve all parade routes and shall separately authorize any auxilliary use of City facilities such as parks, buildings, or other pubic property. Reso 93-12 2/2/93 Page 2 7. It is distinctly understood and agreed that the entire sum paid Advertiser by City pursuant to this agreement shall actually be paid out by Advertiser for the sole purpose of conducting the activities in promoting and producing the Maytime Band Review; 8. That additional monies received from sale of souvenir program, concessions and bleachers over and above the cost of putting on the Maytime Band Review may be retained by the Maytime Band Review Corporation; 9. The Advertiser shall hold the City harmless in the event of any claim or suit for damages arising from the activities sponsored by the Advertiser during the term of this agreement. IN WITNESS WHEREOF, said City has caused this agreement to be executed by its Mayor and attested by its City Clerk and advertiser has caused this agreement to be executed by its President and its Secretary thereto duly authorized, the day and year in this instrument first written. ATTEST: CITY OF NATIONAL CITY, A Municipal Corporation 1 a;11-0,6,1(b BY ..�Ge/ Ci y Clerk Mayor APPROVED AS TO FORM George H. Eiser, 111 City Attorney MAYTIME BAND REVIEW CORPORATION, An Association By alph R. Hughes, • res'<ent By .�•--E��✓ .�l�2cz-�vs7V Helen Paradowski, Secretary Mailing Address: P.O. Box 1298 National City, CA 91951